A Little Question About Bard Performances

[Shaddranat]

I've been thinking about the new "Bard Performance" emotes; in particular, about the "no third party content" restriction. I can completely understand this as nobody wants an over-zealous defender of musician's rights to leap up Squenix's proverbial posterior. My question comes into play when you consider music that falls into the Public Domain. If there is no copyright on the piece of music in question (or if the piece was specifically released to the PD by the composer), what is the harm in using it for personal amusement? There can't be any legal backlash for use of any PD songs, so even though they are technically "third party content," what is the harm in using them? Do these type of songs even fall under the umbrella of the third party content restriction?

[MOZZYSTAR]

My guess is that the main issue would be if third party music were to be recorded and uploaded (e.g. to youtube). So, if you were to record your performance (or someone else record your performance), it'd have to be an FF song. Just my guess?

[Reinha]

Copyrighted and Trademarked Materials
This License applies to the following Materials: All art, text, logos, videos, screenshots, images, sounds, music and recordings from FFXIV;
<snip>
You may not use the Materials for any sales or commercial use, meaning you cannot receive license fees or advertising revenue, except as part of the partner programs operated by YouTube.com, Twitch.tv, Ustream.tv, or similar programs.
<snip>
You may not sell the Materials to third parties as original content;
<snip>
In relation to any functions within the game which allow you to perform virtual musical instruments (“performance actions”), you are strictly prohibited from performing the music of any third parties. You hereby warrant that your performance using the performance actions will not infringe the rights of any third parties and you shall indemnify us in respect of any breach of such warranty. You may record and share your performance of the FINAL FANTASY XIV original score excluding the songs entitled “Answers”, “Dragonsong” and “Revolutions” or original songs and/or melodies using the performance actions in accordance with this Agreement. Furthermore, by using the performance actions, you acknowledge and consent to any third party recording and sharing of your performance online. You also hereby agree that we may block or otherwise restrict your access to FFXIV if you do not comply with the terms of the licence contained herein.

I think public domain music is not owned by any one person so it's fine to play and upload those songs as long as you don't make money from the videos. I find one thing about the agreement peculiar though (if I'm reading it correctly), and it's that Square Enix owns any original music you create with the tool. So anyone planning to make a living with their songs might want to avoid playing them in an area they can be recorded at.

[Terrini]

If you use an old classic song like "Greensleeves" or a classic holiday tune like "Jingle Bells" I doubt anyone would bat an eye. The contention comes from new popular songs with artists/composers that are still copyrighted to them and gaining finances from them actively. Basically if it's a musical number that someone can claim copyright infringement on, then it is a nono.