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Can I use 10 seconds of Michael Jackson song in my game?

Discussion in 'General Discussion' started by mfatihbarut, Jan 6, 2021.

  1. mfatihbarut

    mfatihbarut

    Joined:
    Apr 11, 2018
    Posts:
    1,061
    Hi all,
    In a scene (just one scene) I want my character to do moonwalking dance with background music, can I do it without right violation?
     
  2. SparrowGS

    SparrowGS

    Joined:
    Apr 6, 2017
    Posts:
    2,536
    Sure, if you wanna risk getting sued.
    why would you think it's okay?


    you can do a moon walk to a (public domain/you own) soundtrack resembling a mj song, but not an actual mj song.
     
    Vryken likes this.
  3. Vryken

    Vryken

    Joined:
    Jan 23, 2018
    Posts:
    2,106
    Not worth the risk.
     
  4. mfatihbarut

    mfatihbarut

    Joined:
    Apr 11, 2018
    Posts:
    1,061
    thanks all
    (for buying me a valid license)
     
  5. koirat

    koirat

    Joined:
    Jul 7, 2012
    Posts:
    2,098
    If you decide to go against law definitely use "Smooth Criminal" piece.
     
  6. Joe-Censored

    Joe-Censored

    Joined:
    Mar 26, 2013
    Posts:
    11,847
    The answer depends on the copyright laws in your area, all markets you would distribute your game, and how you're using the copyrighted work. The United States for example has a concept called "fair use", where it is permissible to use copyrighted works for specific purposes. For example, use for commentary or parody is permissible under "fair use". So if you were making a parody of an MJ music video, you would probably be fine in theory.

    A few problems though.

    * "Fair Use" is a defense in court, but does nothing to prevent you from either being sued or your platform/publisher being sued or removing your content to avoid being sued. It can be extremely expensive to battle a copyright case through the courts, even if chances are you would come out ahead.
    * "Fair Use" is a doctrine in US copyright law, but most likely your target market is larger than just this one country. You'd be vulnerable to lawsuits in any country which lacks an analog to Fair Use, even though the copyright holders of the MJ catalog are US based I believe.

    IANAL, but you should talk to one
     
  7. MrPaparoz

    MrPaparoz

    Joined:
    Apr 14, 2018
    Posts:
    157
    I see your user name and think you'll be out of jurisdiction of US copyright laws. But it doesn't worth it to try.
     
    Joe-Censored likes this.
  8. BrandyStarbrite

    BrandyStarbrite

    Joined:
    Aug 4, 2013
    Posts:
    2,076
    Nah, don't do that. His tunes are so famous, that you will end up being sued instantly.

    Instead, download a free DAW, be a smooth criminal, and make up your own short Michael Jackson song.:cool:
     
    Last edited: Jan 7, 2021
    Joe-Censored likes this.