Is it legal to make and sell electronic music using game music from another game?

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Is it legal to make and sell electronic music using game music from another game?

A friend and I have started trying our hand at making electronic music, much of it using songs and sound effects from the games on the original Nintendo. Is it legal for us to continue to do so? If so, can we sell CD’s with our music?

Asked on September 12, 2011 under Business Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Humm.  Even though I am sure that you altered the music, I would hesitate to tell you to continue and to try and sell the music on CD's.  The music from the games - like the games themselves - are copyrighted.  And I am sure that the owners of the copyright have the resources necessary to make sure that their ownership is not infringed on in any way what so ever, especially in a situation that could potentially be profit making for some one else (you).  Not that you have the hang of it why don't you try coming up with an original combination of notes and see what you can do with that?  Good luck to you.


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