Is it copyright infringement if I create a game based around music beats but allow the players to use their own mp3 files?
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2\$\begingroup\$ Where exactly do you see an infringement if you do not provide the music? \$\endgroup\$– Philip AllgaierCommented Nov 26, 2014 at 7:02
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2 Answers
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When in doubt, always talk to a lawyer. People on this website are not qualified to give legal advice. That includes me, so don't come back and sue me for giving you incorrect information.
That said, you have to copy something to be breaking any copyright laws. If you're using the music files in-place on the player's computer, you can't be infringing on any copyrights. (There have been arguments made that, when you open a file, you are copying the file to memory and should be subject to those copyright laws. I don't think they were taken very seriously, though.)
Even if you copy the files to another location on the same device, I can't see that being a problem.
Just don't move the player's music collection to the cloud. That can get you in trouble.
answered Nov 26, 2014 at 5:45
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1\$\begingroup\$ There actually is a protection for providers who are only hosting user-uploaded files, but that protection requires that you comply with various requirements and appropriately handle DMCA takedown request. Definitely talk to a lawyer and get some professional advice from experienced cloud developers. \$\endgroup\$ Commented Nov 26, 2014 at 19:42
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Your use of music should stay within the boundaries of personal use. Your case is not very different from listening to music while reading a book. Even the book can suggest to go get and listen a music track while reading one of its chapters.
The game should act like a local music player. It shouldn't publicize the gameplay on social media, multiplayer modes shouldn't broadcast music to other peers, you shouldn't keep the data in cloud where the user can grant access to other users...etc Then there should be no problem.
BUT! It is always a good practice to take legal advice from a lawyer before starting something serious.
