Comments 4

Re: YouTuber Ends Metroid Prime Music Covers After Nintendo's Lawyers Call

pelo88

@Wexter you're totally correct, it isn't parody, it isn't fair use. I do concur also with the sentiment that this is all ***** and it's high time YouTube and other steaming platforms stepped up and automatically diverted accrued monetization to the license holder through agents. We're talkin $0.091 per 5 minute track or $0.0175/minute if it's longer. That's a one time mechanical license. I'm willing to bet ALL of these takedowns for monetized YouTubers have easily earned enough to come up with that dough, and YouTube could fricken automate it!

https://www.hypebot.com/hypebot/2017/07/the-legalities-behind-a-cover-song-draft.html
Here's an excerpt from there:
A mechanical license is a type of compulsory license, which means it is available to anyone willing to pay the established statutory royalty rate. The statutory royalty rate is determined by the Copyright Royalty Board. The current rate for a mechanical license is “9.1¢ [per track] for recordings of [a song] 5 minutes or less, and 1.75¢ per minute or fraction thereof for those [songs] over 5 minutes” per recording. This compulsory license can be obtained directly through the music publisher of the work or through a third party authorized agent, such as the Harry Fox Agency.

I don't believe copyright holders get the right to PREVENT mechanical licensing grants. The thought Nintendo somehow can prevent a cover by choosing against issuing such a license is false:

From https://syncsongwriter.com/blog/legally-releasing-cover-songs#:~:text=Remember%20that%20anyone%20can%20cover,care%20of%20the%20legal%20matters.
Remember that anyone can cover a song without permission as long as the proper license is obtained. A mechanical license is required for selling songs online or in physical format. When releasing a cover on streaming platforms, let a digital aggregator take care of the legal matters.

Should a performer do it live, however, they need a synch license which the copyright holder CAN deny and issuing those is not as easy as they require usually talking directly to them rather than going through an agent.

Re: Nightdive Studios Delays Its Enhanced Edition Of Blade Runner

pelo88

Now that the original game is fully supported by SCUMMVM there is certainly hope that this team can sort out how to make the remaster work. Personally I'd love to see a way for games that work on SCUMMVM to easily be ported. Soo many games that need to be on Switch there lol.