Copyrighting To Use Commercially
Hello, I have 2 questions.
The first one is if I use a "to use commercially" licensed sheet's MIDI from MuseScore in my game, for example Star Wars theme music, would the copyright holder of Star Wars theme music copyright claim my game? Does the original song's copyright includes the MuseScore sheet music as well?
The second one is it possible for me to get copyright claimed for classical songs whose composer's have deceased more than 100 years ago?
Thanks for advice.
Comments
Legal questions like this are better asked on a forum populated by lawyers, and be aware the laws differ from country to country. But I will say, I have no idea what sort to "to use commercially" license you mean, but I have to image there are no MIDI files of Star Wars music that John Williams or Lucasfilm or whomever has given any such permission for. just because someone produces a MIDI file and says it's OK with them to use it commercially doesn't mean they had any right to make that claim. Unless they actually composed the music they almost certainly do not have any such right. But again, you'd need to consult a lawyer regarding specifics, also contact the creator of the MIDI in question see if they truly have a legal documenting granting them the rights they seem to be claiming.
I can also say that music composed by people who died over 100 years ago should be public domain pretty much everywhere. You can't prevent random people from suing anyhow, but they won't win.
Here's from musescore.com's community guidelines:
"Respect copyright. Just as you own the copyright for music you create, others own the copyright for music they create. You may transcribe other people’s copyrighted music using Musescore, but you do not necessarily own the copyright for the resulting Sheet music. You may still upload it to Musescore.com, but please use appropriate privacy settings so that you are not sharing this music any more widely than the law allows. Note that the copyrights on most “classical” compositions have expired, so posting your transcriptions of Bach, Beethoven, and so forth is fine."
Sorry to burst your bubble, but most of the arrangements of songs on .com are in infringement of copyright, at least if they are used to any profit.
So basically, if you used music from Star Warsin a video game, John Williams (or his publisher) would not be happy, especially if you made any profit from it. The good news is, he would, however, not have claim to any other part of your game. On the other hand, using music from The Planets, by Gustav Holst, would be fine, because it is now in Public Domain (at least in the USA). But sampling a particular recording of the Planets would not, because the record company holds copyright to that.
Copyright law is very confusing, and varies from country to country, so all of this applies to the US, but might be slightly different in Canada or Europe.
If you don't know it, look into The Planets as a source for your game soundtrack--it was, in many ways, the stylistic model for a lot of William's music.