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[treeoflife]

If I wanted to make a game with a feature that allows the player to load music files into the game so that they play at specific times (during cutscenes etc.), and I specify exactly which tracks (as in band/track name) I wanted them to use, and the player has already bought these files, would that be completely legal?

I know games like GTA and Audiosurf allow you to load in your own music files and play them in game but they don't specifically tell you which files to use.

In a sense, is this a legal way to "use" commercial music in your game, without actually supplying it with the game? If a player does not already own the track, they could be encouraged to buy it. This could be an interesting way to promote a band's music without actually distributing it?

[Kekskiller]

You don't bring the tracks, so it's as legal as playing bought tracks with a music player.

[treeoflife]

Thanks for the response. I figured as much but thought there could be some legal issues related to even just encouraging it. I guess as long as you're clear you have no relationship with the original music author. For example, if there was a game that wanted you to load in the entire Inception soundtrack as background music that would be played at key moments in the game.

[Kekskiller]

Well, I understand what you're pointing at... Anyway, this is some kind of slightly grey zone you're drifting into. It's not good practise to do so (I mean you get good composers anywhere for free if they like what you created), cause really - and I mean really, really, really, really - nobody has always the soundtrack you want to load in. And loading the soundtrack from an internet adress or so to guarentee he's getting it properly does make it rather illegal by default.

So best thing is you drop the whole idea if it's too "exotic" and possible for you to live with something different. As a player, I wouldn't like to put a probably not bought soundtrack in a game folder just to play it. It'd be more clear to know more about what you actually want to do than just playing the customed wolf.

[treeoflife]

Don't get me wrong, I really appreciate the response! :D

It's an interesting concept but yet we don't see it used at all.

If I wanted to create a completely original game, I wouldn't go down this path at all (like you suggest), but an application of this concept would be games that are a homage/tribute rather than a completely original creation.

I've been considering a game that is along a similar vein to all those demakes and reinterpretations like the "There Will Be Blood" as a game. Ignoring the "demake" bit, it would be useful to be able to utilise the soundtrack without having to distribute it. It could be taken as far as a game that extends the original work but I guess it would enter the realm of fan fiction and all the legalities that entails.

[ink.inc]

One of the features I try to include in my games is an in-game mp3 player. So while walking around, the player can open up their inventory, turn on their in-game music player (an actual item), and play whatever songs they want from their PC's directory.

It's fun.

[Kekskiller]

I must admit I rather prefer having the game streaming random music you don't really expect. Like linking an ingame radio with a MP3 stream webserver.

[eclectocrat]

One of the features I try to include in my games is an in-game mp3 player. So while walking around, the player can open up their inventory, turn on their in-game music player (an actual item), and play whatever songs they want from their PC's directory.

It's fun.

This... blew my mind. I am absolutely most definitely going to do this.

As for the OP's question, I was considering the same thing, but had thought up a legal safety net to prevent me from being attacked by insane copyright mafia thugs. I would just label the 'mood' of each track, like ''high tempo dramatic music" or some such nonsense, then in whatever forum the game is delivered in (website, app store, whatever) the first comment would be a list of suggested tracks posted by a helpful anonymous player.

It's actually very sad that I came up with some sort of scheme for doing something that should be perfectly legal, and is definitely totally ethical. IANAL and the fear of litigation/terrorists/animal-flu/boogeymen just keeps me in my cage.

Any IP lawyers able to answer? Umm... IP lawyers browsing the developer forums at TIGSource...?