Using game OSTs, idk, just wasn't really sure. Options

[Tsureiyu]

Im pretty sure this should be common knowledge but for some reason im just still not sure
is it generally acceptable to use music from another game's official OST in a non-commerical project?
Since im considering using tracks from Touhou and Armored Core in my project.

[Rast]

Common? Yes. Acceptable? Often done regardless, but that really depends on what you mean by acceptable. If the music isn't freely available(as in, it's only available with the game or can be purchased separately) I'd say that's not legal. MIDI and self-made mixes or arrangements, on the other hand, are perfectly legal.

But if you mean "acceptable" in a more general way, as long as it's not Thinker(Armored Core), UN Owen Was Her?(Touhou: EoSD) or other well known and recognizable tracks, I don't mind it much.

[Tsureiyu]

Well, I was mostly talking legally. I did record the audio from youtube videos that play the song I wanted in rare occasions; the uploader did obtain the music in some legal way, unless they directly ripped it. As for Touhou, I'm mostly wanting to use remixes by other circles, which as far as I know are freely available, though I'm not sure if they're free for private use only, or if I can use the music in non-commerical projects. I would probably be fine producing my own music, though a few remixes are just.. well, perfectly done for what I have in mind.

[nohmaan]

As long as you don't plan on selling your game, I don't think you'll run into any problems.

[Tsukihime]

which as far as I know are freely available

If by "freely" you mean the circles posted them on their website for others to download and that it doesn't cost money for you to obtain, then maybe. I know some circles do that, but I'm pretty sure most circles sell their works.

If by "freely" you mean you can easily obtain a copy through magnet links, err...

Either way, even if it's free, it's still copyright material, and it really depends on your rights and their rights.

Some people get really disappointed when others are using their work, but then again there are people that don't mind the free advertising.

This post has been edited by Tsukihime: May 21 2012, 09:16 PM

[nohmaan]

http://en.wikipedia.org/wiki/Fair_use

"The first factor is regarding whether the use in question helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public, or whether it aims to only "supersede the objects" of the original for reasons of personal profit. "

I think that as long as you are using the music in a non-commercial, learning way- you would be allowed to use the music. For example, when making a presentation at college, you would be permitted to use copyright music as part of your educational advance.

I should note, I'm not a lawyer or anything like that, but I don't think you're going to be in any trouble for using a song from Final Fantasy VII in a project that you aren't selling. If there's no money to be made, they wouldn't even litigate and the worst would be a cease and desist email from the origin.

This post has been edited by nohmaan: May 21 2012, 09:23 PM

[amerk]

The legality is a gray line for non-commercial games, but in theory as long as you are not profiting from it, nothing will happen. Still, even things like fan games have been given a C&D in the past, even when the resources were created by the fan game's developer to mimic the game it was copying from.

However, while the practice of using say commercial music in an amateur game is common, it's a bit taboo to use another indie developer's music (without permission) in the small world of RPG Maker communities, where everybody knows everybody. In other words, unless the indie developer has granted permission for use of his own work, I'd advise against it. There's plenty of free music available all over the internet you can use, some of which even allow their use in commercial projects.