Gamers Rights Law » Rock Band Network

The Best of Times; the Worst of Times

jaymoffitt — Fri, 08 Oct 2010 04:13:20 +0000

If you read the great novels you can be thankful that the great authors did not have to sit through creative writing courses. !!!!!!!!!!!! NOTE Subscribe to Gamers Rights Law Feed by Email NOTE !!!!!!!!!!!!!!!!!!!!

Photo: http://www.flickr.com/photos/cornelluniversitylibrary/4359403229/sizes/m/in/photostream/; Creative Commons, Flickr; Attribution required, Cornell University Library

The subject for today; is creativity dead or merely hiding and waiting for opportunity. I think it’s the latter. Let me explain why. After the jump some HEAVY reading on music notation…. so you can see the basis for my arguments!!

[PDF] NOTATIONAL PRACTICES IN SELECTED PIANO WORKS OF THE TWENTIETH CENTURY by JRMcKay, 1977 (Pull up in Google viewer via http://docs.google.com/viewer?a=v&q=cache:ZsMU_aVNIEwJ:https://urresearch.rochester.edu/fileDownloadForInstitutionalItem.action%3FitemId%3D5545%26itemFileId%3D8561+1974+belgium+notation+ghent+music+university&hl=en&gl=us&pid=bl&srcid=ADGEESj38iGMLbn01qGLtpf5r7v-bQE8QySjk4qAR_GFKvNf3pBoCCr1KQNE_ql0oZM9eHHUWsTtfXYX5MkNaa8c5gq1a0pot4oQAtSwvM56ORU8dWCYpsMU0x05e_fMpryt1iigCu6K&sig=AHIEtbQNepLDAvE8VVfppm2J07_ClK5Mcw)

Schoenberg: A new twelve-tone music notation system..A chapter excerpt from a 1924 book by Schoenberg

[For Background, here is a short blog-post about him by writer Rob Ainsley]

The Music Notation Wiki (Too deep for me, but I still don’t understand the Circle of Fifths)

Going all Medieval on your…. Brain by Nigel Horne; a great primer on medieval music notation

Music Modeling Language (1992?) Excellent paper by an M Casey from Dartmouth

The above examples are just so that you can be assured that music notation is not a science, nor sacred. Many changes have occurred to incorporate changes in mechanical instruments that were much more minor (haha) than the outlandishly large changes going on now in music innovation.

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Rock Band Network as a new medium in need of a new notation system…. Is it true?

A post about the keyboard portion of Rock Band 3 Web site: (The keyboard portion covers only 10 of the 15 available white keys…. when there’s a shift coming the screen indicates a “direction” that the music moves toward (up/higher keys; down/lower)

STILL the most comprehensive article about the technical side: From “Create Digital Music” blog

From Shacknews: USA Today article points out “more realistic music notation”…..

For those who tear apart watches to put them back together: this post from an XBOX 360 forum: http://rockband.scorehero.com/forum/viewtopic.php?t=1711 (It covers the line by line breakdown of a track).

Just a warning note: I’m just putting this together piece by piece; please, please, if you’re developing for the game; using Reaper a great deal, Frets on Fire website, or otherwise more knowledgeable than me (you see me looking at you), then give a comment on whether my wild theories “hold water” (obligatory My Cousin Vinnie reference)

Jay Moffitt is a Tennessee attorney. This blog is for entertainment and educational purposes only and does not consitute legal advice or create an attorney/client relationship. Jay Moffitt is not certified as a specialist in this area by Tennessee and Tennessee does not certify specialists in this practice area. All comments will be answered promptly and courteously as long as they are germane to the discussion and do not contain specific game names or incidents

Making Money on Rock Band Network (III)

jaymoffitt — Mon, 05 Jul 2010 20:41:40 +0000

Here’s some of the latest links and information I have found for Rock Band Network. (Unfortunately none of them has any extra information about a rags-to-riches on RBN… yet!)

Harmonix’s Rock Band Network partners with Distribution, Promotion Sites (Gamasutra) The article talks about cross-promotion between musician tools Tunecore, Nimbit, Reverb Nation, Indaba Music, and Topspin; while those sites are promoted to RBN users. On a related note; Rock Band Aide noted a RBN preview channel on Youtube.

A quite nice article about the difficulties of charting for Rock Band Network. (Music Think Tank)

A similar article decrying the arduousness of making the music ready for the game.

Another article, but hopeful, about a Vancouver band that is putting material on RBN. (Straight.com; Vancouver’s Music Source).

Regularly updated blog about RBN updates that has some impartial opinions. (Plastic Axe)

And last but not least; some very substantial information about Microsoft’s contribution to the RBN project that were given during the Game Developer’s Conference, but are now available for download.

Rock Band Network post-mortem (from Microsoft Website; contains a zip file of a Powerpoint and also audiocast)

Highly enjoyable critique of the above source material from professional gaming Website (Joystiq). I especially enjoyed the fact that Microsoft’s programmers were much more consumed with the language and graphic images portion of the programming; but commented very little on the copyright-clearance filtering software… which I for one thought was masterfully done.

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Editorial comment: I wondered how it was that RBN was able to filter out any copyright-infringing content? The articles imply that it was because of direct input from developers/programmers at Microsoft; and that this might be an indirect or even direct reason the songs premiere first on Xbox live (or maybe just coding reasons). But I’d be interested in reading any more indepth studies of how this was done. (Any of my readers feel free to enlighten me).

Making money with Rock Band (Part II)

jaymoffitt — Sat, 10 Apr 2010 20:13:10 +0000

Here’s the continuation of my series on making REAL money with virtual games. The second part on Rock Band Network. 1st caveat: Right now it’s only for Xbox 360, though PS3 promised soon. More after the jump….

Story: Rock Band Network, Live, and out of beta. (From RockBandAide)

A community download leaderboard for DLC(not Rock Band Network): Now if only Harmonix/Activision would do an officially sanctioned list…

A “best guess” download list for Rock Band Network (from Joystiq) referencing RockBand Aide

From Escapist Magazine a list of the software you’ll need and approximate time to upload(Cheat sheet – 20-40 hours)

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Official Story: Rock Band Network Open (From Rockband.com)

Interview with a developer for the process of getting content uploaded. (Gamespot)

My commentary: still early. They (Activision/Harmonix) are not being overly greedy with the cut, but it’s still hefty. It’s still not about the cut, it’s the start-up costs (see my previous post on third-party developers). But if you get in early, as is mentioned, it is MUCH MORE LIKELY someone would randomly like your band than on myspace, itunes, or any of the monolithic sites out there. It’s just the numbers.

PHOTO ATTRIBUTION: http://www.flickr.com/photos/royblumenthal/2574363959/ (Displayed via http://www.flickr.com/creativecommons, Attribution license)

Monday miscellaneous

jaymoffitt — Mon, 15 Mar 2010 22:34:15 +0000

A couple of very important links that don’t fill up enough for a complete post.

Viewing Virtual Property Law Through the Lens of Innovation: cite as “Vacca, Ryan G., Viewing Virtual Property Ownership Through the Lens of Innovation. Tennessee Law Review, Vol. 76, p. 33, 2008. Available at SSRN: http://ssrn.com/abstract=1100302”

Other less authoritative, but still noteworthy posts from blogs, after the jump

Great article by the law firm that continues to impress me with their thoroughness

Joystiq Law of the Game looks at the Infinity Ward dispute

Trademarking Avatars (from Pixels and Policy)

Music Issues:

Joystiq talks to the RBN developers at GDC

Virtual Economy Issues:

JVW Research - latest issue (ALWAYS worth the read)

All these jump out at me, plus there are others I may have missed. Please feel free to point out in the comments… as always, I have final say on whether it’s approved – as long as it’s reasonably relevant.

Rock Band Network: A new kind of music law?

jaymoffitt — Tue, 02 Mar 2010 18:38:38 +0000

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:

1. KICK* – Kick Drum: Mono.

2. SNARE* – Snare Drum: Stereo with any effects.

3. TOMS* – Stereo: For reference when authoring.

4. DRUMS* – Kit Mix: Stereo, cymbals, rooms etc. (including Tom tracks).

5. BASS* – Playable Bass Part: Stereo.

6. GTR* – Playable Guitar Part: Stereo.

7. VOX* – Playable Vocals Part: Stereo with effects.

8. TRACK* – Any music not already part of a stem, (incl. background vocals): Stereo.

9. Reference Dry Vox*: Mono 16k (Lead Vocal File with no effects) This file is used for a vocal reference, not for playback.

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.

Rock Band Network launches

jaymoffitt — Wed, 20 Jan 2010 21:05:15 +0000

According to an article on the WSJ.com, today is the day.

Well-done piece on the technical and financial aspects of uploading your own band’s tracks to be sold on the Rock Band Network. 30 cents is not as good a deal per dollar as Itunes, (50 cents?), but then again the competition is less.

Here is the official site from Rock Band Network. Obviously a lot of effort is required to make the leap from sheet music to a fully rendered song (video/art/lip-sync/different-difficulties) but the explanations are fairly detailed. Quite naturally a cottage industry has sprung up to “assist” (for a fee) the indie artist to alert the masses of their stardom.

This company will assist your band; listed here strictly because of a really great synopsis of the steps to get a sheet music set-up fully ready to be played fully in Rock Band.

Here are the Terms of Service if you wish to upload a song from your band.

A full listing of companies that did the certified training by Harmonix can be found here.

Now if you don’t think this is huge; think of this….. can you think of a greater change in musical notation in the last 300 years??????????????????????????????????????????????? I’m serious; if you know of an intervening notation/upload system in the last couple of centuries, comment below! Here are three excellent articles about this subject, from Wired; and Kotaku, and from Edge-online.

Here is an older article from Gigaom which gets to the nuts-and-bolts of how Rock Band Network works, and it’s potential.

Just on a related note, here is the link to the PSN blog, which explains the latest update and how that helps Rock Band players. A procedural note about the uploads, they will not be allowed to be downloaded until there is “sufficient content”. Just like with regular DLC, the PS3 content would be available a couple of days after Xbox, and Wii (through Wiiware) sometime later.