Two games in one post!

unlying

So! New week - new game! Almost 100 pop songs in new SONG GUESS game.
Feedback is appreciated. Try this game, please.
I have a lot work with resources, but coding wasn't really hard.
https://play.google.com/store/apps/details?id=com.debia.guessmelody

And second game almost same but it is quiz about moviequotes:
https://play.google.com/store/apps/details?id=com.debia.moviequotes

phongtt

So you've released 3 games?
Kongoratz!

moopf

So, I presume you've licensed all the music for the first app then?

hgvyas123

Kongoratz

Scouser

CongoRatz
I have to agree with moopf, if you haven't licensed the music then you could be letting yourself in for a world of hurt

unlying

Khm. Are you sure?
I thought that if i use only 10 seconds from track it is ok.
I found this app https://play.google.com/store/apps/details?id=quess.song.music.pop.quiz
They also use same time limit. Also i think that is just quoting.
May be i'm wrong.

atilim

I've found an interesting information from http://www.splc.org/knowyourrights/legalresearch.asp?id=112 :


Students and advisers frequently ask, for example, about a "30 second rule" or a "10 second rule" for fair use. These mythical rules supposedly allow use of music or video clips no longer than the specified time (30 seconds, 10 seconds or some other fixed limit) without the need to obtain a license. Unfortunately, there exist no such rules in copyright law. Although courts do consider the amount of the work used, this is only one of four factors courts consider in evaluating fair use. This means that even if the clip used amounts to only a few seconds, a court could still find that the other factors weigh against a finding of fair use. Additionally, the Supreme Court has stated that even if a use is minimal, it could still constitute infringement if it takes the "heart" of the work.[22] This means that a clip of even a few seconds could be infringing if a court finds that the clip has captured the "heart" of the song.

If you want to use music in your broadcast without obtaining a license, don't rely on a "30 second" or "10 second" rule. While there are no hard-and-fast rules for fair use, there are some guidelines you can follow. For example, use of a small portion of music for the purpose of reviewing or commenting on that music or the artist is most likely going to be a fair use, especially if you haven't used the "heart" of the work—for example, the most well-known parts of a song. And while there really is no magic number for the length of your clip, using the shortest clip possible can reduce the chance that a court will find the use to be infringing. Finally, you can always contact the Student Press Law Center to discuss your situation if you are not sure whether your use will be considered a fair use.


On the other hand, your game (and all other music quiz games) doesn't take the "heart" of the work and can be considered as reviewing or commenting on that music.

unlying

To be true i'm not afraid about court. I'm afraid about Google. And i know about no "10 second rule", but i know that we can quot some.
May be i should remove this app from google appstore and try it on other appstores, with moderation.

Scouser

Reading a few sites, I came across this. Most sites seem to say the same thing, something along these lines:

A good rule of thumb is that it is not OK to use any amount of copyrighted music without permission from the rights owner or a music license. If you do feel fair use applies you will need to study the fair use guidelines for the copyright policy of your jurisdiction and to be completely sure you would need a music lawyer to confirm your belief for your particular circumstance.

It would appear that the 10 second limit is a myth and that fair use as a defense will not be a sufficient defense if you are prosecuted. Sorry to be the bearer of bad news but with all of the news about copyright abuse around at the moment it would be safe to assume that the music industry will sue anybody for as much as they can get.

atilim

@unlying - Good idea! Send to Apple and if they approve then there won't any problem in any other stores

Mells

On the other hand, your game (and all other music quiz games) doesn't take the "heart" of the work and can be considered as reviewing or commenting on that music.

As soon as there is profit, I don't think that it can be considered as a review or a comment on that music.

Are we seriously implying that if you submit the app and Google/Apple doesn't notice then we can consider it as "fair use"?

Do you think that if you take pictures on my website, submit to Apple and hopefully Apple approves then this is fair to me?

The problem is not with App stores. It's a matter of finding an agreement with copyright holders so that you and them find a benefit in the agreement.

I think this is very simple : you find the copyright holders and pay them, or you have no right to use the music/artwork/code unless it's been shared under a license that allows its use under specific conditions.
If you don't find that license, then what you are doing is wrong. (Think like that by default when dealing with intellectual property).

Every other assumption is wrong.
What can be found on the internet is often texts made by people to justify their illegal use (whether it's intentional or not) of intellectual property.

My text is not directed to the people who commented here (really, don't take it personally that's not my intention) but I think that things should be strongly clarified so that you won't have to face troubles in the future AND you respect intellectual property.

moopf

There's some bizarre attitudes towards copyright on this thread from @unlying and @atilim I'm sorry to say. It never ceases to amaze me how many people think that copyright is something insubstantial and that unless the owner of the copyright specifically says no, that gives you permission to use it as you wish. I can only shake my head at this.

ar2rsawseen

I was waiting for a similar comment from @moopf thought it would be more strict, more angry, more grumpy, but you now, he must be in his Christmas spirit

Scouser

@Arturs: )

techdojo

To be fair to @moopf (now there's a sentence I never thought I'd be writing ) I think he's 100% correct on this.

@unlying - chances are you'll be fine, chances also are your app most likely won't get noticed or too many downloads (that's not a dig at you, chances are the same for most apps at the moment), however IF your app takes off and IF someone bothers to take notice then chances are YOU'LL be in the firing line for all sorts of (expensive) lawyer based nastiness. Sticking your head in the sand is not a good legal defence strategy.

Like I said chances are you wont get run over by a bus on your way to work / school / home today, but it still doesn't stop our mothers all telling us to put on clean underwear - just in case!


Hmm - look's like @Scouser's been at the Christmas Spirit again! )

moopf

I was waiting for a similar comment from @moopf thought it would be more strict, more angry, more grumpy, but you now, he must be in his Christmas spirit

Doubt it's the Christmas spirit. In fact I feel the need to listen to some Kevin 'Bloody' Wilson and his especially grumpy christmas songs (be warned, if you go looking on Youtube, don't play it if you're in an office as the language is *cough* choice!) Especially the Ho Ho song That's Christmas is a nut shell

unlying

It is ok, guys. App was removed by me on 17 November from Google Play