Gamers Rights Law

Flickr photo: http://www.flickr.com/photos/marfis75/3867466806/sizes/o/ under Creative Commons copyright.

It’s been hundreds of years since any new type of music notation has been developed.   Is the submission system of Rock Band Network (uploaded and put into the game) a new type of multimedia music notation?  Well, even if it is, it must work within the framework of the copyright system as it exists.  Here’s the nutshell version of how it works, legally and technically.

1) The legality for the user, here’s their agreement for RBN – incorporated from the main Web Site http://www.rockband.com:   

“The contents of these Sites, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Sites, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material“), are the property of the Parent Companies, and their Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. The Sites are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.”

Of course I go crazy if an analysis to an Agreement doesn’t reference the jurisdiction:  “This Agreement and your use of the Sites are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.”

And a little kicker at the end: . “IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.”

2) A shorthand version of the payment system; from third-party vendor Authority Music: 

“This is a synch download, so if a record label owns the masters (if they paid for the recordings), you would need their permission to use the songs in Rock Band. The Download Royalty income would be split between the label and the copyright owner/publisher. Usually the label splits their cut with the artist. The specifics however depend on your deal with the record label, so you would need to check your recording contract. If you (the Artist) own your own masters – you will make more money”

The official version, from http://creators.rockband.com/royalty_schedule  “Each quarter, Microsoft (or its provider) will pay the person or entity who submits the track and consents to the Program Terms (the “Submitter”) a royalty in an amount equal to 30% of the MS Points Remittance Rate”.  So that’s a 30% royalty rate for the owner; if you split that with your record company then obviously that will be reduced (50/50 for instance would be 15% for you).

3)The technical version of how it works, from http://www.midi.org,  - and you’re not alone if it is a little intense:

“Prepare .WAV stems (submixes) of your song, isolating parts such as kick drum, snare, guitar, bass, and vocals. In addition, you’ll need to make some support files, such as a dry (unprocessed) version of the vocal to generate lip sync. Harmonix provides detailed directions on its Mix and MIDI Setup page. Using Cockos Reaper (a multitrack recording and editing program) and some free authoring plug-ins, create MIDI cue events for the notes in your stem tracks. You can get all necessary software on Harmonix’s download page. Load your audio and MIDI files into Magma (another free program from Harmonix), add background information such as song name, artist name, and price, and export a Rock Band .RBA file. Load the .RBA file into an Xbox 360 and test your song for playability. (This requires Xbox Gold and XNA Creators Club Premium memberships.) When you’re satisfied, upload the file for the Rock Band Network community to evaluate. Tweak as necessary until it’s approved for sale.

Rock Band Network has a detailed FAQ at http://creators.rockband.com/docs/FAQ#Authoring. For a shorthand version; here are the required tracks to author, from http://www.tunecore.com (Tunecore a third-party vendor, so it is not an official version but it is a condensed version of what a vendor may require to assist you) 

A total of nine Audio Stems are required for the Authoring process. Specifically, you will need an individual Audio Stem for each of these:

Good luck with all this information.  I hope this helps someone out.  Of course, with any endeavor involving money and one or more third parties, you may need to involve an attorney if enough money is involved.  That’s your personal call.

Tags: Harmonix, Music games, Rock Band, Rock Band Network, Royalty