Issue with Enworld's Space Fight Trailer

Qwillion

First Post

• Nov 12, 2009

• #1

i would just like to point out to whoever made the Space Fight Trailer that Carl Orff did not die until March 29, 1982, that means its not public domain until 2052, the rest of trailer is fair use, but the O Fortuna score, is still owned by his estate (just ask Apotheosis), not to mention the orchestra that preformed the music.

There are a number of other classic piece that could be used that Orchestra's have released into the public domain, I would suggest making this change otherwise you are supporting violation of copyrights.

This is just my opinion, I could be wrong.

 

Last edited: Nov 12, 2009

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Aexalon

Explorer

• Nov 12, 2009

• #2

Thank you, Steamboat Willie.

Also: What?

 

Qwillion

First Post

• Nov 12, 2009

• #3

Axelon (refering to ENWorld's Space Fight Trailer)

Under the Berne Convention for the Protection of Literary and Artistic Works (United States became a signatory in 1988 ), the signatory states are required to provide copyright protection for a minimum term of the life of the author plus fifty years, but they are permitted to provide for a longer term of protection. Following the 1993 Directive on harmonising the term of copyright protection, member states of the European Union implemented protection for a term of the author's life plus seventy years (the Composer is German),

So even without the Mickey Mouse Protection Act of Sonny one still could not use it legally.

Also my bet is that this is sampled form either the Boston Pops version conducted by John Williams, the score of Excalibur, or The General's Daughter (again I could be wrong). One would still be in violation because one did not get permission of the Orchestra (or corporation that paid for the scoring)

I could be off base and wrong this could have been done by a fan, and ENWorld (ENpublishing) could have nothing to do with this trailer.

 

Last edited: Nov 12, 2009

Aexalon

Explorer

• Nov 12, 2009

• #4

The "Mickey Mouse" idiom stands for all excesses in copyright law; I was not referring to the CTEA specifically. I am well aware of EU laws in this regard, which —like US law— were and continue to be dictated by big media lobbyists, as recently as april this year when the copyright on performances was raised from 50 years to 70 years (a law my parliamentary representatives from ALDE voted against; sadly, EPP and S&D were pro).

As for "Space Flight": that what I get for barely ever reading the front page, instead diving straigth into the forums on every visit. A forum search did not reveal anything, though, something which should serve to excuse my ignorance, if only slightly. Thank you for clarifying the thread title.

 

RangerWickett

Legend

• Nov 12, 2009

• #5

Then again, this is the internet, land of YouTube videos and The Pirate Bay.

I believe whoever owns the rights can file a DMCA (or UK equivalent; how does the pond-jumping legality work here?) take down request, but until then I think he's in the clear.

Of course, I'm not a lawyer, and indeed, I think **** **** **** **** **** ****, but we should avoid politics and religion.

Most big companies probably figure a bit of small scale use of their copyrighted materials is not worth getting upset about. If I were Russ, though, I would have illegally used a recording of Holst's The Planets.

[ame]http://www.youtube.com/watch?v=OkOP0CBKtPw[/ame]

 

Treebore

First Post

• Nov 12, 2009

• #6

You are correct. At the very least they should give "credit" to the composer and performers of the music they used.

So the people in control of this song need to ask youtube to pull it, and to tell ENWorld to stop using it, that is the first step in copyright violations when the owner wishes to make it not be used in the manner in which its being used.

Or maybe ENWorld got permission and forgot to say so.

 

Qwillion

First Post

• Nov 12, 2009

• #7

Ranger Wicket

Actually Holtz died in May 1934 so the Composition is Public domain even using the 70 year after death.

Now you would just have to find a orchestra that released to the public domain, with just a quick look I found a few.

 

Last edited: Nov 12, 2009

Morrus

Well, that was fun

Staff member

• Nov 12, 2009

• #8

Thank you so much for your concern, but the music piece used is done so and paid for under license and used according to the terms specified in that license.

 

Qwillion

First Post

• Nov 12, 2009

• #9

Thanks for letting us know, I am glad I was totally wrong.

 

Morrus

Well, that was fun

Staff member

• Nov 12, 2009

• #10

RangerWickett said:

If I were Russ, though, I would have illegally used a recording of Holst's The Planets.

Click to expand...

I'm considering a - legal! - use of it in the upcoming WotBS trailer. But we may be using custom composed music. At the moment we're planning on Torrent's voice as a voiceover assuming we can find a voice actor who sounds right.