Issue with "Performance" emotes for Bards.

I wonder how SE would treat music released under the creative commons license? It might be an acceptable middle ground for people.

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Originally Posted by ColorOfSakura

Covers actually fall under "Derivative works" as part of Fair Use, so it isn't against copyright or anything to perform them or even post them online.

However, SE is a Japanese company and Japanese copyright law is ridiculous and companies like AVEX are completely INSANE about throwing out copyright claims at people that even remotely seem to be copying their work.

I know that the ToS update is most likely just a SE "covering their butt" from a legal angle but the threat to ban users for playing covers of third party music is incredibly concerning. Why even bother putting the ability to play anything in the game if you're just gonna tell people they can't play anything but FFXIV music or original works. Heck, we can't even play the three THEME SONGS because they're the property of Nobuo Uematsu. It's confusing and weird to me.

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Would it at all be worth assuming that so long as what we're playing isn't under the ownership in any way of any Japanese company, then we're under far less, if any, scrutiny?

Though then comes the need to look up virtually every song ever owned by a Japanese music company to ensure that even our original works can't be misconstrued as infringing on their songs...

I don't think anyone will be banned for this. If people abuse of this (if that is possible) the worst scenario is the removal of the performance action. Nothing more.

I think them just saying it's against the rules is a legal cover for them. I doubt they would actually put much into enforcing this.

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Originally Posted by Olivia0x25

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You did read the fine print right?

Because if you had..you'd get it.

People really need to learn to pay attention these days.

SE doesn't want you publishing/posting/streaming copyrighted material.
its a "no duh" type thing.

And 2 little words also sum this up "International Law" (With various contexts)

Just because one country doesn't mind - doesn't mean it will fly in an another. Its a holy hell of a nightmare - and SE would rather not deal with it.
I don't blame them honestly - this is normal for most MMO's

It's not like they can stop anyone from playing ________ in-game. But the moment you start broadcasting and posting on you tube...you've crossed the line. That's my read.

Nothing is going to happen, people. Other games have had this feature for years long before XIV without any problem whatsoever, you can find videos all over the internet with covers and everything.
SE is just doing their part as a company from a legal standpoint, but they won't ban anyone for playing their Naruto covers in Gridania.

Don't go waste precious GM time with this, please.

The reason why they are doing this is because Square Enix claims ownership of anything you do with/within the game. This includes videos, screenshots, and now performances.
So when you play Stairway to Heaven, Square Enix claims that what you just did belong to them... which means that they can get sued by Led Zeppelin for having the rights on an illegal reproduction of the song.

This could've been easily solved if they denied ownership of songs made with the Perform action, but no, they still want to play the greedy card and still claim everything you make with the game (which isn't even legal as they are ignoring quite a lot of aspect of the copyright laws regarding derivative/original work).

Edit: Oh, btw, this also means that you are not even allowed to play you own personal songs, because it would make you able to sue Square Enix since your song has been reproduced ingame and that they claim ownership of it. Yes, this is extremely stupid.

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Originally Posted by Fyce

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Edit: Oh, btw, this also means that you are not even allowed to play you own personal songs, because it would make you able to sue Square Enix since your song has been reproduced ingame and that they claim ownership of it. Yes, this is extremely stupid.

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That's rather humorous....

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Originally Posted by Fyce

Edit: Oh, btw, this also means that you are not even allowed to play you own personal songs, because it would make you able to sue Square Enix since your song has been reproduced ingame and that they claim ownership of it. Yes, this is extremely stupid.

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It's specifically stated you can play original works or FFXIV music (Minus the 3 themes)

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Originally Posted by Jijifli

It's specifically stated you can play original works or FFXIV music (Minus the 3 themes)

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Not what he's referring to. Let's say I create a song called "Dance to the Shirogane" and get it approved and published by a record label. If I then play "Dance to the Shirogane" in game using the harp, SE says they get copyright of it. They are then infringing on the copyright and I could sue them. Would I do that? No, but I could.