QUESTION
Legality of using Super Nintendo instruments?
Asked on Jan 14th, 2014 on Intellectual Property - Montana
More details to this question:
I am planning on starting a business and selling a game. The music of the game uses very short, low quality single note samples for most of the music (which are usually less than a second long) from Super Nintendo games for most of the instruments. (I can't stress enough that it is not a melody or harmony or what have you that is sampled but just an instrument sound.) The composition of the songs is entirely original. Will we be safe from C&D or lawsuits by doing this?
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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Part of the issue becomes, are the notes recognizable. If no one is going to be able to tell that the sounds came from Nintendo games, you are unlikely to have an issue. If people can tell, now it looks like you are related (trademark issues) and you are exploiting their musical work (copyright issues). If the work you are taking is that limited, why not just generate your own low quality single notes instead of relying on Nintendo games?
Answered on Jan 14th, 2014 at 9:23 AM