Hi honorable TouchArcade community, Im new to the iPhone games development business and Ive come here for help. For my first project, I have an idea to use a popular tune of a well-known rock band. I suppose an intellectual property right issue will arise in this case. Has anyone ever used music in their games and how such issues are usually solved and legally regulated? Thanks in advance!
You will have to contact the publisher to negotiate licensing terms. If you only want a segment, publishers often have a price per second and a minimum amount. The cost varies a lot so it would be impossible to ballpark it.
If you want to use an actual recording of a song by a well known band, then you need clearance from the record company as well as the music publisher. If you're going to reproduce the track yourself, then you just need clearance from the publisher. They'll have standard rates based on who the artist is, how well known the track is etc etc. It's really important to get all the clearances done before you try and release though, and don't forget that a song might be owned by one record company in one country, but could be owned by a different company elsewhere in the world, so if you're planning to release worldwide, you could end up having to clear the track with multiple companies.
I stumbled across this site where you can explain your musical requirements and people compete to win the prize you offer. It was interesting to listen to the submissions. Some were really good. http://www.audiodraft.com/sourcing/contests/
Astaware is mostly right: if you want the original recording, the record company gets involved, and if you want to re-record the song then it's just the publishers. But there are no "standard rates:" I once had a deal on a song for a state-wide lottery commercial and had the publisher ramp up the price ten times because they got a offer for a national spot before our spot even got produced. Also, there is no "price per second" that I've ever heard of and I've licensed a fair number of famous songs for advertising purposes. If you use any recognizable portion, then you've used the whole song as far as they're concerned. Keep in mind that the App Store is worldwide, so as Astra pointed out, you're looking at a blanket license, for the world, forever. Even a minor hit from 50 years ago can cost you tens of thousands just for a single US state for a year or two. Also, if you're thinking of using someone else's music and you "suppose" an intellectual property issue will arise, you need some schooling. Buy or borrow from your library a copy of "This Business Of Music" and pay special attention to the sections on synchronization rights. That will tell you everything about how this kind of use is legally regulated.
original music definitely don't use anything copyrighted without knowing exactly how you're allowed to use it. I don't know what kind of access you have to using original music, but that is gonna be your best bet in terms avoiding any kind of legal trouble. if you know someone who likes to do that kind of stuff or even if you have garageband or something similar, using original music is the safest route and is more interesting for the player in addition, people make a living off this stuff, don't be afraid to hire out to get some really high quality music.
Another vote for original music if you can. I've just done some new music for an update using an iPad app called studio.HD. People I have played it to are surprised by the quality of the track, because I have no music ability at all. I have arranged to work with a musician for my next game.
In "the biz" we would obtain a music sync license; the cost of which is in part determined by the requested length. Does that licensing option not exist for games?
I dabble in making music and loops for my own games http://www.djmoya.com/djmoya-music/ let me know if i can help you out.
When I said "standard rates" I wasn't very clear, I was just meaning that for regularly licensed tracks the record label and publisher will have pre-agreed rates with their artists for usage. Another book which covers the music industry is Donald Passman's All You Need to Know About The Music Business. Licensing a song for worldwide use is pretty complex and likely to be very expensive, which is why the majority of games don't use it. If you're really serious about proceeding with the idea, then maybe the Tap Tap Revenge guys may be worth approaching for help or info, as they've already been through the process. Alison
I've licensed lots of copyrighted material for advertising and events, and while the length of the spot may effect the negotiated price, I've never heard of that being translated into a "price per second." As I said, if you only play the 3-second hook, you've played the whole song/record. This thread illustrates the point I bring up every time one of these threads comes up: don't ask for legal advice on an internet forum, unless you're specifically looking for a confusing backwash of contradictory guesses. Read a book, call a lawyer, talk to the publishers to get the real information.
You would be best off trying to recreate something very similar to what you want to license...Of course, I can also put myself forward for any musical needs!