Music composition and copyrighting

[May90]

I am writing a soundtrack for my module in Neverwinter Nights. This soundtrack is inspired by a few other soundtracks, and it *might* contain some elements of those copyrighted songs. After reading a lot on the laws regarding copyrighted music, I am confused. I know that one must obtain a mechanical license to release a cover to a copyrighted song. However, where does "cover" start and "free composing" ends?

For example, I really like this song from Planescape: Torment:

https://www.youtube.com/watch?v=HCpk7HIryK0

Now, suppose I want to write a song based on this song, but not quite copying it. I want to take the entire flute party, change it a little bit in a few places and write a completely new orchestration, with different instruments and different tracks. It will sound completely different, but someone who has heard this song will be able to recognize the reference.

Would it be legal to write such a composition and release it as a part of my module for public royalty free access? Or do I still need to obtain some kind of license? Where is the border of what is allowed and what is not without obtaining the owner's permission?

I understand it is probably a better idea to ask this on some forum for lawyers, but perhaps someone here has encountered a similar question and knows something about it?

[Independent voter]

If you make money off of it, someone will come knocking at your door. If you don't make money, I wouldn't worry about it. So if you plan on making $10-$100K get a lawyer to look at it. Naturally they can sue you if you don't make money but there has to be money there to collect.

[May90]

If you make money off of it, someone will come knocking at your door. If you don't make money, I wouldn't worry about it. So if you plan on making $10-$100K get a lawyer to look at it. Naturally they can sue you if you don't make money but there has to be money there to collect.

I wasn't planning on making any money off it, and I am quite sure there won't be any problem with it in practice. I just would like to assure that what I am doing is perfectly legal, so as to not compromise the websites I will upload it to, and the people downloading it. The law is very ambiguous on this and only considers two extremes: perfectly original piece or full musical cover. What happens in between is not very clear.

[Deleted]

Normally: "Using and protecting music that you create from scratch is a bit of a no-brainer. Remixes are more complex. Legally speaking, a remix is a “derivative work”; that is a new work based upon an original work. According to the letter of the law, you need permission from the copyright holder of the original work in order to create a derivative work."

Read the bottom part on Bootleg Remixes:
http://djtechtools.com/2012/03/25/le...out-copyright/

"There is, however, a doctrine of copyright law called Fair Use that creates a limited exception to this rule.
Fair Use is a defense to copyright infringement designed to encourage innovation, parody, and other beneficial results. The applicability of Fair Use to a given case is analyzed through four questions, which I’ve contextualized below. Here are the questions as they would relate to an unofficial remix:

• What was the purpose of the remix? If it can be viewed as a progression or commentary on the original, you’re better off than if it simply tries to “cash-in” on a tune that someone else wrote.
• What was the availability of the original song, and had it been released yet? It’s tougher to claim Fair Use if your remix is based on an advance or an unreleased track, because copyright law strives to protect the decision-making process of the original author as he decides whether or not to make his work public.
• How much of the original song did you use in your remix? Looping just two bars of bass from the original with a host of new stems is much more likely be viewed as Fair Use than playing a song start-to-finish and adding a few vocals.
• Has your remix diminished the value of the original song to the copyright holder? This isn’t confined to the idea that people might prefer the remix to the original when buying a record (since everyone’s doing so much of that lately); it’s relevant to licensing opportunities in film, television and commercials as well"

Pretty much a bad idea if you wanted to sell it without permission.

[May90]

Thanks for the link Blitzking, this answers my question perfectly! I did some search on "Fair Use", and I think I understand it now. Using some parts or ideas from older songs (5+ years old) in small non-commercial projects should be fine, as far as I'm concerned, while making full covers or borrowing something from newer songs that are still being actively sold better be avoided. Neverwinter Nights community is small, I don't think my song will be heard by more than, at best, a few hundred people, and they aren't going to spread it further without my permission, so it is unlikely that any legal problems will arise.