Introduction:
Video game soundtracks have become an integral part of gaming experiences, providing players with immersive and memorable audio that enhances the overall experience. However, a common question among game developers is whether video game soundtracks are copyrighted.
Understanding Copyright Law:
Copyright law is designed to protect the rights of creators by giving them exclusive control over their work. In the United States, copyright law is governed by the Copyright Act of 1976, which grants authors exclusive rights to reproduce, distribute, perform, and display their works for a limited period after creation.
Copyright Ownership:
When creating an original video game soundtrack, the composer holds copyright ownership over their work. This means that they have the exclusive right to reproduce, distribute, perform, and display their music for a limited period after creation. However, if pre-existing music is used in a game, the rights holder of that music must be licensed for use in the game.
For example, in the case of The Legend of Zelda: Breath of the Wild, the video game’s soundtrack was composed by Koji Kondo, and he holds copyright ownership over his work. However, the game also includes a variety of pre-existing music from other games and sources that were licensed for use in the game.
Fair Use Doctrine:
The fair use doctrine is an exception to copyright law that allows limited use of copyrighted material without permission from the rights holder. Fair use can include uses such as criticism, commentary, news reporting, teaching, scholarship, or research. However, whether a use qualifies as fair use is determined by four factors:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
- The effect of the use upon the potential market for or value of the copyrighted work.
Case Studies:
There are several notable cases in which the copyright ownership of video game soundtracks has been called into question. One such case is the ongoing legal battle between Nintendo and DJ Mustard over the use of the Super Mario Bros. theme song in his music video “I Don’t Wanna Live Forever.” In this case, Nintendo has claimed that DJ Mustard’s use of the song constituted copyright infringement. However, DJ Mustard argues that his use of the song was transformative and fell under fair use.
Another notable case is the legal battle between Epic Games and Fortnite Music Label over the use of popular songs in Fortnite. In this case, Epic Games has claimed that it obtained permission from the rights holders of the songs used in the game. However, some music labels have challenged this claim, arguing that Epic Games did not have the necessary licenses to use their music.
Real-Life Examples:
There are several real-life examples of how copyright ownership can impact video game soundtracks. For example, when the popular video game Minecraft introduced a new version of its soundtrack that was created by a third-party composer, it faced backlash from fans who were used to the original music. Some fans even went so far as to create their own versions of the old soundtrack and share them online.
