maybe his is a clumsy question but here I go:
what happen if I put music in a game I made but im not selling it, can they proceed legaly with me even if im not getting profit with the game?,
should I call them, and ask them if they are ok if I use their music in my game, what to consider on that scenario?
I don’t know much about copyright infringement, but I asked a similar question a few days ago about using a band’s music in a trailer, and @KevinWorkman said it definitely is infringing on the copyright. If it’s a local band that you know, I would get in touch with them and make sure it’s okay at least. Maybe they could even use your game to promote their music too.
copyright has nothing to do with if you plan on profiting from it or not.
doesn’t matter if you use it in a free or paid product, unless the original author/owner specifies the music as “free” or opensource or something in that area, you will have to either pay for it, or beg them to use it.
How does it work with a channel like WatchMojo, where they play clips of movies all the time? Do they pay a fee to Universal or MGM or whoever put the movies out? Considering they have played clips of just about every movie ever made, that seems like it would be a pretty hefty sum.
If there is no license, it’s under copyright, see the Bern convention. I don’t think that your case is covered by “fair use”. There are tons of audio samples under free or free sharing license, why not looking for one on http://freesound.org/?
thanks guys, I think those rules are different depending on the countries right?, definitively I will check freesound.org
Whether you’re profiting from your game has nothing to do with copyright. Copyright gives you the right to copy something. You don’t magically get the right to copy anything you want, even if you aren’t profiting from it.
If that were the case, why would anyone ever buy anything? I’m not profiting from watching movies in my own home, so I should just be able to download it, right? That’s not how it works.
Yes, they could take legal action against you.
It’s potentially much more complicated than that. The band itself might not even own the copyright. It might be their label, or the songwriter, or some other company or person.
Please read this: What do I need to legally use copyrighted music in my game? More info here.
I would second the suggestion of using FreeSound.org. You can search for sounds and music that are released under creative commons, but please make sure to give attribution unless they specifically release it with a “zero attribution” clause.
I don’t know what WatchMojo is, but they either purchased a license to the stuff they stream or they’re hoping that nobody sues them or shuts them down.
YouTube also has a feature where you can use copyrighted music in your video, which then shows a purchase link to that song. That’s a pretty special case though, and is probably a result of Google making some deal with major recording labels. (That’s just a guess though, I don’t know the internal workings of the YouTube copyright system.)
But this stuff is complicated. If WatchMojo is a company, then they probably have a team of lawyers whose entire job it is to sort out copyright issues.
the in conclusion is that is much better to create our own music for the game.