forum.yoyogames.com
I was originally going to say the same thing...but that topic is all about tools and the like. There isn't even an actual section on just flat out resources to pick up pre-made assets(unless I missed something). Due to that lack, I left it alone.
That sounds pretty sleazy to me. If it were me, I would just avoid that person and their music specifically. You even have grounds for some public shaming if there is a comment section for the music tracks(or a forum). That's just wrong. It is one thing to have to be careful in case the music source is mis-represented, but you shouldn't have to worry about the author having regrets of releasing things on permissable licensing...that's on them!
Well, I didn't thought about public shaming and I wouldn't do it anyway. But the emails are available to anyone that might be interested... And yes better avoid than trying to prove on what license you used later...
It isn't so much about public shaming, and more just letting other potential users of said music know that this author has done this. But the term "public shaming" is such a fun word to use in situations where sleazy people deserve it.
I'm also pretty sure it's highly illegal to publish a work under a license that grants full usage rights to anyone that properly credits and then try to charge people to use it. I'd contact the admins of the site to have his content removed and send the emails where he tried to extort money as proof
As long you comply with a DMCA that provides proof it wasn't published under the license by the creator I'm sure there's a good faith defense somewhere in the law to put the liability on the source that wrongly represented it to the end-user.
I guess, it does not make any difference...
As someone said, as long as you comply and remove the thing, you personally shouldn't have any issues. There isn't any real way to fully vet this kind of thing unless you can contact the source for confirmation, which may not be possible if that source is mis-represented. It's a pretty common issue though. It's why I don't like getting music from sites that are easily abused like this. It is better to go with the site of an author directly, at the least there is more safety in such, compared to a free for all kind of thing.
I am producing educational animation for kindergarten kids and I am making educational games based on the animation series. If I upload an episode on YouTube, is practically impossible to change the audio, if there is a copyright strike, thus, the video will go down. So I contact any creator that I am interested to use his work, if I find his work in a 3rd party site, to be 100% sure. This particular case was for an episode about time of the day and healthy diet. The scene was about some vegetable characters dancing samba. That particular artist has the only samba tune with creative commons license that I managed to find, so I contacted him, he asked money, I politely told him that I will explore more options. Finally I found a funny song, not samba, but fitted better for my scene...
As I said the emails are available via PM to anyone that might be interested...
No worries, I figured it was a case of you just wanting to get good verification. And I'm guessing you would know if the guy is just trying to strongarm you or if there is a misunderstanding as far as him thinking you wanted a different license.
I mentioned the license twice. No room for misunderstanding, for sure!
Yeah, in some cases I expect it would be pretty straightforward to fix, but what if you used it in a commercial release that has already made lots of revenue?
If you can prove they released it under Creative Commons themselves they'd have little legal ground to stand on.
The law only applies if you go to court, which is something you absolutely want to avoid at all costs. You're talking 5 to 6 figures over the course of 3-10 years, win or lose. With that kind of money, you could have bought professional-quality premade assets or straight up hired someone to make all the music in your game. The best option is to report people that violate the free resource site's TOS and move on. Find something else and avoid the potential for a legal battle.
Yup, that's a sucky thing to consider. It's why I won't get assets from "free for all sites" rather directly from Author's sites, like Kevin MacLeod for example. Even that is technically a certain risk, but it is much less risk than the sites that let anyone upload stuff to.
This may or may not be true. Sites tend to not have liability with these things because the people doing the uploading are responsible. And it is a huge pain trying to track those people down. I bet if you read the Terms/Conditions of those websites, you will see specific statements talking about how the site holds no responsibility...etc....
Not normally. This kind of dispute usually escalates before a court battle.
Not if the project has already made money and they jump straight to suing for some astronomical level of damages like the entire estimated gross profits
That could happen with any project, even if you contracted out the music for your project specifically. Happened to Starr Mazer: DSP (IIRC a GM game, funnily enough).
I didn't ask, the person I replied to did I simply speculated on the sort of defense you could build
