copyrighted music in trailers

[Reanimated]

Hi
Im working on a trailer for a game that will be sold (ie, its a commerical product). However, for the trailer itself Im thinking of using copyrighted music, ie mainstream songs. Do I have to pay royalties or anything like that? The trailer itself is free but its advertising a commercial product. Im just wondering because many flash cartoons use copyrighted music and Im sure most of them dont pay for royalties.
Thanks

[alfie]

I would have thought that you would have to get the copyright holders permission/pay royalties. When companies like Levi do adverts they use songs and therefore pay a one off or a royaltie, or a combo.

[Robert Cummings]

It's not possible to play back commercial music or host it on your site at all, let alone use it in a trailer.

Just because you are not selling the trailer it doesn't give you any rights at all to use media of any kind that isn't royalty free and paid for.

So you will need an agreement to use it.

[Reanimated]

Thanks for the info. :cool:

[Sillysoft]

At a presentation about The Witch's Yarn the creator mentioned how he was able to get some excellent jazz-type music for the game for cheap by approaching some artist who had put their stuff on the net. They got exposure and he got music. He's Musenik on these boards and maybe has some more info about it.

[Reanimated]

Just out of interest, why is it that people release counter-strike videos and things with mainstream songs, without paying? Is this because its not a form of advertising or do they know that no ones going to be bother complaining over a small video or flash cartoon?

[soniCron]

Is this because its not a form of advertising or do they know that no ones going to be bother complaining over a small video or flash cartoon?
It's a matter of exposure. Chances are, the artist or record label won't ever notice it was in there. Even if they did, you're right that it would be too expensive to sue them, and therefore not worth it. But that's not to say it's ok to do that.

[gpetersz]

Just out of interest, why is it that people release counter-strike videos and things with mainstream songs, without paying? Is this because its not a form of advertising or do they know that no ones going to be bother complaining over a small video or flash cartoon?

You want to use their creative output to advertise your product. There is a high chance that you will sell more units because of their music in a good trailer (but it does not matter). So you HAVE TO pay for that. The guys who use the musics for CS video do not sell anything, BUT they still infringe copyright, but since they do not sell anything the creators do not care about this.