haita wrote:I have a question about the license as applied to the soundtrack.
The main game is licensed under CC-NC-ND, so creating derivative works requires permission. That would include derivatives of its soundtrack, such as YouTube performances or transcriptions to sheet music. The devs don't seem to mind these sorts of derivative works, but I still feel uncomfortable doing something technically illegal, especially when it can be tied back to my real name (again, YouTube).
The devs have explicitly said they don't want anyone trying to extract audio assets from the game, but there's a separate download of just the soundtrack available. It doesn't have a stated license, so I assume it's also CC-NC-ND.
My question is whether the devs would be willing to re-license the downloadable soundtrack, and only that, to the CC-NC license. This wouldn't affect the game's licensing, but would permit legal creation of non-commercial derivative works (sheet music, performances, arrangements) based on the soundtrack.
Given that the CC licence has never been tested in court I wouldn't stress too hard...
By you coming here and asking something like "Hey can I do X"? you are effectively applying for (and being granted) a licence.
I would also be interested to read a bit more into the actual terms around a "derivative" work. In Australia it is legal to make a
cover of a song, so long as the Copyright provisions and Moral Rights of the original author are maintained.
So a cover/transcription may not actually count as a "Derivative"; because you are doing something that is essentially the same. A Derivative work would have to be a new Work (as defined in the Berne convention) that was
substantially based on the original work.
I know that this is probably confusing you too much, so please just ask the original composer (depending on the track) and see if they are happy for you to proceed.
What we were trying to avoid with the licence was people making their own versions of the game with the original assets and passing it off as "authentic" 4LS works (which is a Moral Right not to be falsely attributed). We also wanted people to feel free to share it amongst their friends without thinking that the big bad Copyright police would bash down your doors.