Q: Legality of releasing my song?
I have written a song which was inspired by a Sega video game from the 80's. The song's primary melody is based on certain one bar looping sound bites from this game, but the song structure and arrangement is 100% my own work, the drum part is 100% written by me, and the simple melodies inspired by the game have been expanded and altered into fully-fledged riffs, with accompanying harmonies, basslines, and other instrumentation (all of which having been written by myself and/or my partner). My plan is to release this song on streaming services, and I'm unsure of the nature of the legal permissions I need to obtain to do so.
A: To the extent you have copied a bit of musical content from the game, it is minimal and your use is transformative therefore not an actionable infringement. If the remainder of your work is original, then you do not need to seek permission.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In cases involving creative works inspired by existing material, such as a video game, the concept of "fair use" under copyright law may apply. If your song transforms the original material in a substantial way, creating a new and unique work, it could be considered fair use. However, legal assessments can be complex, so it's recommended to consult with an attorney to determine if your song qualifies for fair use and to navigate any potential legal issues before releasing it.
Best regards,
James L. Arrasmith
Founding Attorney and Chief Lawyer
The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
