Elk River, MN asked in Copyright, Entertainment / Sports and Gaming for Minnesota

Q: if copyrighted music is in a game, and you upload a video of the game with the music, is there copyright infringement

i had uploaded a video on youtube of beatsaber, in it there was copyrighted music, i got a claim from the music owners, i took the video down and deleted it, what can i do in the future to avoid copyright claims if there is copyrighted music in the game

2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Check with the music owner and see if they have distribution agreements.

You may be able to get some simple licensing to allow to do what you want.

Consult with an attorney for a better analysis.

Julie C Hancock
Julie C Hancock
  • Entertainment & Sports Law Lawyer
  • De Pere, WI

A: Any time you post a video game, or clip of anything, or use it in your own video or work, there can be numerous elements copyright protected - the music, the graphics, any dialogue contained and the work as a whole. Each aspect you use requires permission from the copyright owner to use in anything you’re doing, with very few exceptions. This is copyright infringement otherwise.

Get permission from the copyright owners - this may require purchasing a license to use it how you plan. If no permission, don’t post it. Taking it down doesn’t always cure the infringement, unless that is all the owner of the music requested. If the request is not yet resolved you should seek counsel of an experienced copyright attorney. These things don’t often just go away.

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