Copright Question about Video Game Cover (MGS)

C

cpmusick

Audio Engineer InProgress
I have started creating a cover (rock version) of the "VR Training" song from the first metal gear solid video game, and it turned out so well that I am hoping to release it on an album I'm working on. However, I have no idea how to go about getting permission to do this from the original creator, or if I even need to, or if it's even copyrighted. Can someone help me and shed some light as to what my options are for legally creating a rock version of this song and releasing in on an album I plan to sell, or if this is possible?

Any help would be appreciated. :)
 
It is certainly copyrighted. It's published in the form of a video game. People write music for video games just like for anything else even though it's 'performance' may be dictated or influenced by the flow of the game.

The game was created by Konami. So I would start with Konami. If you don't, will they catch you? Who knows? What kind of release/distribution for your album are you looking at? Are you signed? If so, get your label to talk to Konami.
 
If your not signed and you wont be making more than 50 copies, will they catch you?
I DONT CONDONE DOING THIS HOWEVER.


Mike
 
cpmusick said:
I have started creating a cover (rock version) of the "VR Training" song from the first metal gear solid video game, and it turned out so well that I am hoping to release it on an album I'm working on. However, I have no idea how to go about getting permission to do this from the original creator, or if I even need to, or if it's even copyrighted. Can someone help me and shed some light as to what my options are for legally creating a rock version of this song and releasing in on an album I plan to sell, or if this is possible?

Any help would be appreciated. :)
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Given that you are asking a legal question of an assembly of individuals with the collective intelligence of a macaroon cookie I trust that you don't have a very high level of expectation.

Go for it. A derivative work is largely defensible depending on how dissimilar the work is from the original. But all of the legal issues are essentially meaningless. No one is going to sue you. Seriously. The worst thing you can expect is a cease-and-desist order from some lawyer, whereupon simply cease-and-desist. If your work is sufficiently original and you wish to contest the issue in a court of law then do so, but if you were sufficiently funded to pursue that route you wouldn't have posted this question here to begin with!
 
Thanks for all the help and useful info. I'm sure it wouldn't be a big deal, but if I were to someday actually become big and famous (we can all dream, right? :confused: ) then it would be a problem, as the big boys are always after the popular ones. But who knows.

I've decided to just change the song into my own. I have been working on it most of the day today and have re-created it into a different song. It still keeps the same type of "feel" and structure, but doesn't sound like the same song. So I think I'm safe now. :)

If anyone's interested in hearing what it sounds like so far, just let me know and I'll post a link.
 
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cpmusick said:
Thanks for all the help and useful info. I'm sure it wouldn't be a big deal, but if I were to someday actually become big and famous (we can all dream, right? :confused: ) then it would be a problem, as the big boys are always after the popular ones. But who knows.

I've decided to just change the song into my own. I have been working on it most of the day today and have re-created it into a different song. It still keeps the same type of "feel" and structure, but doesn't sound like the same song. So I think I'm safe now. :)

If anyone's interested in hearing what it sounds like so far, just let me know and I'll post a link.
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always interested man!! Post it.
 
wheelema said:
Given that you are asking a legal question of an assembly of individuals with the collective intelligence of a macaroon cookie I trust that you don't have a very high level of expectation.

Go for it. A derivative work is largely defensible depending on how dissimilar the work is from the original. But all of the legal issues are essentially meaningless. No one is going to sue you. Seriously. The worst thing you can expect is a cease-and-desist order from some lawyer, whereupon simply cease-and-desist. If your work is sufficiently original and you wish to contest the issue in a court of law then do so, but if you were sufficiently funded to pursue that route you wouldn't have posted this question here to begin with!
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Interesting thoughts here. We balance legality against enforceability. I agree with your first point, i.e. a derivative work etc. However, as the original question included the description of "cover", I assume that the similarities are greater than the dissimilarities (otherwise why bother calling it a cover, as opposed to "based on" or "using elements from" and so on.

The fact that you may not be caught in a legal action, or that the legal action, if you are caught, has little effect, does not reduce the moral dimension of the issue. For example, if I steal something from a shop, being not caught doesn't make it not stealing. And nor does a trivial penalty.

Laws regarding intellectual property, copyright and so on are not arbitrary (like, say, speed limits), nor trivial. The right to own property (physical or intellectual) is, I believe, a fundamental human right that we should not be tampering with.

However, I do agree that the policing of this right is becoming increasingly difficult, and the music industry is still struggling to come to terms with concepts of royalties and so on in a digital, internet era. I believe we should honour and respect the creative efforts of others. Who knows, somebody might rip off your song one day.
 
gecko zzed said:
Interesting thoughts here. We balance legality against enforceability. I agree with your first point, i.e. a derivative work etc. However, as the original question included the description of "cover", I assume that the similarities are greater than the dissimilarities (otherwise why bother calling it a cover, as opposed to "based on" or "using elements from" and so on.

The fact that you may not be caught in a legal action, or that the legal action, if you are caught, has little effect, does not reduce the moral dimension of the issue. For example, if I steal something from a shop, being not caught doesn't make it not stealing. And nor does a trivial penalty.
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There are no moral absolutes, so while I struggle with my instilled constraints others for whom those constraints do not exist prosper.

I was at a grocery store the other day when two young men... mid to late teens... ripped off a couple of energy drinks. Nobody but I noticed. I called attention to the theft to several employees... which didn't make the two guys very happy with me... but nobody chased them and they casually made their escape flaunting 'their' energy drinks.

I had my daughter with me and later she brought up the incident. I explained to her that it wasn't my intent so much as to get the young men arrested, but rather to instill in them the thought... should it occur to them to rip off someone again... that maybe it wasn't the hottest idea.

I also pointed out that virtually everyone steals. We may rationalize to the extent that we do not believe that we steal, but that in fact (IMO) everyone to some extent takes advantage. It does not lessen the offense because economic necessity drives someone to accept a menial or exploited position, or limited choice compels someone to pay too much for something. It's still theft as far as I am concerned, and if anything, it disgusts me more than those two boys. They ripped off two drinks. Lots of people/corporations rip off whole lives.

gecko zzed said:
Laws regarding intellectual property, copyright and so on are not arbitrary (like, say, speed limits), nor trivial. The right to own property (physical or intellectual) is, I believe, a fundamental human right that we should not be tampering with.

However, I do agree that the policing of this right is becoming increasingly difficult, and the music industry is still struggling to come to terms with concepts of royalties and so on in a digital, internet era. I believe we should honour and respect the creative efforts of others. Who knows, somebody might rip off your song one day.
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I fully expect it.
 
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