Original Post
[quote name='JUSTINBAILEY' timestamp='1302483713' post='4796891']
Regarding the legality of music in general, are composers allowed to sell remixes? After doing some google-ing I read that it's okay if you don't use the original singers voice, or if you get their permission- is this true? What about video game music remixes, can they be sold, they don't usually have a singer but the tune is what makes them. I have a friend who makes really cool techno remixes of old VGM like the Palace Theme from Zelda II, If I have his permission is it cool to use his remix in games or Is this just asking to be sued?
First off if you're using this remix in your video game which is free you'll probably not get sued right off the bat. What will happen first is you'll get a Cease and Desist letter which basically explains you have to stop the offending behavior right away or risk being sued. If your game is commercial then your chances of getting sued rise dramatically. You cannot use something from an established IP (intellectual property) for use in your own IP. That's copyright infringement, which other posts have already pointed out. Odds are, since Zelda is still an active franchise, you'll never be able to convince Nintendo to give you the rights to the song for use in your video game (free or not). When a video game franchise has been dead for a long time, say for example Wing Commander, then there is a possibility that the IP owners may allow use to take elements from their IP. A good example is: http://privateer.sou....net/news.shtml which, if memory serves, Origin allowed the team to create an updated version of the game, as long as it was free.
Now regarding remixes and covers - you CAN acquire the rights to cover or remix a song and release that commercially. But there are legal hoops you have to jump through then the original creators or owners of the copyrighted material will get X amount of every dollar earned from the remix or cover. Companies like Rights Flow (http://rightsflow.com/) specialize in helping artists acquire rights to songs and then be able to legally publish them.
My advice would be to not use the Zelda theme in your game as it will only make people think of THAT game while playing yours. That's never a good thing. Make your game your own. Give it a personality of it's own.
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