I saw on GitHub, it told me that I can use TheFatRat's music as commercial use. I'm in Vietnam, though, but I like developing games, and I think TheFatRat's music is very appropriate for my game. Am I allowed to use his music? Or is it illegal?
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It is illegal to use music made by someone else in your game, unless you have their permission. (unless the artist is dead for over 70 years, but that's unlikely to apply here)
Some artists give a blanket permission to everyone to use some of their works under specific conditions by adding a permissive license to them. Kevin MacLeod, for example, is an artist who is very well known for that. You might have heard his work in quite a lot of independent games. One example of a well known game which sourced most of its soundtrack from MacLeod is Kerbal Space Program.
I only did a superficial search about the artist mentioned in the question and found that they advertise at least some of their work on YouTube as "copyright FREE on YouTube. Please credit the artists and link to this upload". But that is only a public license for one specific use-case (YouTube). It does not mean that the artist gave permission to use their work as a game soundtrack.
When the artist does not give general permission to use their work in a game, then you have to obtain their permission by asking them nicely. When they don't agree to let you use their music (at least not for a price you are willing to pay), then you are not allowed to use it. If you do it anyway, they might take legal actions to prevent you from doing so and/or get you to pay them money.
Philipp
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@ĐoànRyder he's a very chill dude though, just hit him up on twitter or something, he's known to be very easy if you credit him. – Hobbamok Jan 30 '20 at 12:40
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I tried to see if the artist TheFatRat has released any music under a free license...
He has music on YouTube as "copyright free". However, we can only be confident on that meaning that you can download it without paying.
He has not said his music is public domain, nor any creative commons or any other license.
What he has said:
I just want my music to be completely free I want everybody to be able to use it just to share it upload it download whatever also change they can remix it just because of what people to have fun with my music
-- Video Bet you heard this guys music while gaming – the story of TheFatRat
He saying he wants this, does not mean it is. Quite the contrary, it suggest that it isn't the case, and he wants it be.
I have so much freedom right now, I can release music whenever I want and I can let you guys share it and use it on YouTube
-- Video Who is TheFatRat? Q&A and face reveal (around minute 13)
Yeah, well, that he saying that he can. If we count this, it is only for YouTube.
He has "open sourced" some content, for example: https://app.box.com/s/2tt7sdwsu0wbngoqroog and https://app.box.com/s/watfpnesl8wz2sdhx4p9djf4ejrf64ci however, none of these include a license file. He is sharing that content with everybody, does not mean you can use it for any commercial purpose.
I joined his discord and looked around. I didn't find any statement from him saying his music is free. Perhaps somebody asked about a license... A few people did... There was no reply. Some third parties has said that you can do anything with his music. However, as far as I can tell, those third parties do not speak for TheFatRat.
This is the only piece of content I found with what could be considered a license:
@everyone here's an orchestral layout that I did for Warrior Songs. But it didn't fit into the final concept. Feel free to share, re-upload, remix and do whatever you want with it.
-- Published on 2018-10-04 on the channel "announcements" of the TheFatRat discord server.
However, I managed to find some legal text on "The Arcadium".
This site is home to TheFatRat and his label “The Arcadium”. All music here is free to use on YouTube and will not be silenced or monetized by any third parties.
All songs can be downloaded in several different versions depending on your needs. If you for example want to make a trailer or soundtrack a very long video we have prepared versions that should fit your needs better than the original radio edit of the track.
All we ask in return is that you give credit to the artist on your YouTube clip by a pre written text provided to you after you pick a song that you want to use.
-- About in The Arcadium
The Company, together with the artist professionally known as TheFatRat (“Artist”), have created the Site to enable private individuals to use certain musical recordings with the Artist (“Content”) for creation of user generated content in which the Content is used as a musical background (“UGC”). The Content subject to these Terms will be made available on the Site.
The Content made available on the Site is available for download free of charge. You are urged to post a copyright text with the Artist, the name of the Content along with a Spotify link to the description of your YouTube video to support the Artist.
The UGC may only be made available for non-commercial and promotional use on the YouTube service. All other uses of the Content or the UGC are strictly reserved by the Company and the Artist.
Your right to use the content is non-exclusive and at all times revocable. You may not allow others to use the Content.
The Content made available on the Site for use within UGC on the YouTube service may not be edited, remixed, mixed or otherwise adapted.
(...)
-- Terms and Conditions in The Arcadium
Note: The Arcadium site is down at the time of writing. The links above is provided via archive.org.
As you can see, you can use his music for YouTube, as background music, and not remixed.
Bottom Line:
You need to ask TheFatRat permission to use his music in a video game. And good luck with that.
Theraot
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2"Your right to use the content is non-exclusive and at all times revocable". Ouch. I wonder if the guy realize how evil that clause is. Developer: "My game sold 100,000 copies in the first week, and I expect to sell a million more over the course of the year". Musician: "I am hereby revocing your license. Pay me 50% or I write a DMCA takedown". – Philipp Jan 30 '20 at 16:02
readmeor any other file, all it matters is the license itself. – Tom Tsagkatos Jan 30 '20 at 12:18