Q: Can I copyright songs made in a game making mobile app?

A: When you create a song using a game-making mobile app, you may be able to copyright it if it meets originality and fixation requirements. Originality means the song must be independently created by you and show a minimal level of creativity. Fixation means the song must be recorded in some tangible form, like a digital file.

If the song you create is based on music in the public domain, you can still copyright your unique arrangement or modifications. However, the original public domain elements remain free for anyone to use. Your copyright would only cover the new, creative aspects you added.

If the app provides MIDI files or other pre-made elements, your copyright would typically only cover your original contributions. The underlying elements from the app may have their own restrictions or licenses. Always check the app's terms of use to understand what rights you have regarding the music created within it.

A: When considering whether songs created in a game-making mobile app can be copyrighted, several factors come into play. Here’s an analysis based on the provided context and general copyright principles:

Ownership and Copyright of AI-Generated Content

Terms of Service (TOS): The TOS of the app will play a crucial role in determining ownership and rights. If the TOS state that the app or its developers retain ownership of any content created using the app, then you may not have the right to copyright the songs yourself.

Human Authorship Requirement: Copyright law generally requires human authorship. AI-generated content, where the human contribution is minimal, may not be eligible for copyright protection. However, if you significantly modify or contribute to the creation process, this could potentially qualify the work for copyright.

Public Domain Considerations

Public Domain: If the songs are based on public domain material, you can freely use and modify them. However, any new recordings or significant modifications you make could potentially be copyrighted by you, provided they meet the originality requirement.

Using MIDI Files and Modifications

MIDI Files: If the app allows you to take MIDI files of public domain songs and modify them, your modifications could be considered original works. This means you could potentially copyright the modified versions, provided the modifications are substantial and creative.

Practical Steps

Review App’s TOS: Carefully review the TOS of the game-making mobile app to understand the ownership and usage rights of the content created using the app.

Ensure Originality: Ensure that your contributions to the songs are original and substantial. This could involve significant modifications, arrangements, or creative input.

Consult Legal Advice: If you are uncertain about the copyright status or ownership rights, consult with an intellectual property attorney to get a clear understanding of your legal position.

Conclusion

While the songs created in the game-making mobile app may be eligible for copyright if they involve significant human authorship and originality, the app’s TOS and the extent of your modifications will be key factors. If the app’s TOS grants ownership to the app developers, you may not be able to claim copyright. However, if you significantly modify public domain MIDI files, those modifications could potentially be copyrighted by you. Always review the TOS and consider consulting with a legal expert to ensure compliance and protect your rights.