Calling a passion project fangame that took 7 years to release a “commercial venture” is probably one of the most brain dead and rage inducing statements I’ve ever read
Oh hey it's the policies I helped compile for Toby a few years ago -- before YouTube Content ID became chaotic, before fangames became commercial ventures, before 20k undertale covers existed.
Sound-alikes, remixes, covers that aren't covers, etc. complicate things further
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Game is free, soundtrack generates revenue; would estimate $60-80k next year. I'd call that commercial. How would you call it?
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what exactly is your problem with the devs making a buck off the soundtrack if toby gave them the go-ahead? i thought this was about protecting the wishes of creators. this doesn’t seem like that.
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Zero problem. The thread was posted as information about why using original music in fangames is chaotic. Point, case.
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Seems like there's a little bit more than zero here. Your company's FAQ was recently changed to specifically state that claims on fangame videos will remain in place, and has acted accordingly. Previous understanding was that using this music would've been fine in most contexts.
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Ok, deep dive: Let's Plays of Undertale use diegetic music; Undertale music in context. We waive claims/royalties/credit, and proactively correct incorrect claims placed by The Algorithm.
Let's Plays of Undertale Yellow use unlicensed covers (among original music), synchronized to gameplay without a license, distributed without a license, and streamed without a license. Overbearing -- perhaps, but that is how an entangled copyright and clearance mess works on platforms, and how rightsholders need to view and manage music.
In addition, the existence of the Undertale covers (and sound-alikes) in the Undertale Yellow soundtrack complicate Content ID due to conflicting metadata, id collisions, and bad matches.
Last: even if Toby gave a blanket license permission, which we're still confirming, it was not a waiver of claims or appropriate royalties.
We think it's appropriate that credit remains in place, and royalties are collected in these cases.
Regarding "Zero Problem": sure, that was hasty; there is no easy solution in music.
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Why specifically are fangame playthroughs like Yellow not allowed to have their claim removed though?
What about all the videos that use Undertale music as background music with Undertale as a game not present?
Why do specifically fangame videos get their disputes denied?
Dec 22, 2023 · 7:15 AM UTC
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