Like using music from a video game/film in a video that isn’t published on the internet, or using it as a ringtone in phones, or using voice lines from a video game as notification sounds. (There are a lot of other uses that I won’t mention here)

  • FiniteBanjo@feddit.onlineEnglish
    12·
    21 hours ago

    In the USA there is a fair use doctrine/clause to copyright laws which excludes noncommercial works. This also stems from the English common law’s fair dealings doctrine.

    17 U.S. Code § 107 - Limitations on exclusive rights: Fair use

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    (2) the nature of the copyrighted work;
    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    (4) the effect of the use upon the potential market for or value of the copyrighted work.
    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
    (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101–650, title VI, § 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102–492, Oct. 24, 1992, 106 Stat. 3145.)

    That said, Judges generally have the final say and have decided cases wildly differently from each other in either direction in the past on what is and is not copyright infringement.

      • tmyakal@infosec.pub
        2·
        19 hours ago

        (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
        (4) the effect of the use upon the potential market for or value of the copyrighted work.

        Pretty sure these two lines cover most of the examples OP mentioned. Using a sound effect or VO line from a videogame for noncommercial means is both a tiny portion of the totality of the work, and will likely have no effect on the market or value for that work.

        • endlesseden@pyfedi.deep-rose.orgEnglish
          2·
          18 hours ago

          also by editing it, it’s no longer the original work. there is a lot of Grey area around the concepts of sampling.

          otherwise all speech recorded intentionally or unintentionally would violate such.