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Hive's stance on copyrighted music in custom maps?

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Level 5
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I'm sure this must have been asked by someone else before me, but I've been unable to find an answer. Apologies for that in advance.

I was wondering what the Hiveworkshop's stance on using copyrighted music and other material in your custom maps is? Assuming everything is credited, are they alright to upload? Is there anything important I need to keep in mind?

I figured it'd be best to ask before I start uploading anything.
 
Level 8
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CGAUP = Custom Game's Acceptable Use Policy
EULA = End User License Agreement.

I don't know what the Hive's internal policy says, but exercising a copyright right that you are not authorized to use (ie. public display, distribute) is copyright infringement.
You can reproduce (copy), adapt (modify), distribute (sell, donate, or rent copies to other people) and public display all those copyrighted you mentioned assets only if you have the respective license/authorization to do so. Licenses will often restrict those rigts (ie. non-commercial distribution; non-commercial display). If you don't you are messing with the owners.

Also, in the CGAUP you WARRANTED the following:
"You represent and warrant that neither the content you use to create any Custom Games or upload to the Service, nor the compilation, arrangement or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right of any third party".

I would bet that this is also the Hive's policy.

This is a good old handwashing. What this means, is that you are infringing copyrights in your modding activity you are ALSO breaching the CGAUP (contract), which also incorporates the EULA. The EULA has indemnity clauses (if Blizzard suffers, is you suffering in fact). The inclusion of copyrighted material on a map, plus the use of it in any copyrighted right form (in our case the rights would be principally distribution and public display), could be detrimental to Blizzard (the copyright owners will most likely blame them, also Blizzard thinks the custom games are their property), which can in turn, as you violate the warranty, make you paying them the expenses and other damages.

If you are going to use copyrighted material, try to use Blizzard's assets as both interests (yours and theirs) converge. You can also use public domain assets, which you can also freely modify or use as base.
 
Level 20
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I'd advise against uploading things with copyrighted music, unless you're allowed to use it.

If you really want to use custom music, you can use all Blizzard music, public domain assets (like mentioned above) or look for artists that allow the use of their work in non-profit work (e.g. BrunuhVille on YT). If you're not sure about whether you can use the music or not, you can also always try to ask the copyright holder - if it's for a non-profit video game mod, there is a solid chance that you will be given permission for free if you give proper credits. This should probably be true for smaller private creators, perhaps not so much for the bigger ones and most likely not for big corporations.

And finally - if you are going to post copyrighted music that you have permission to use, be sure to save any kind of licencing agreement that you made with the copyright holder. In fact, it would be nice if you include it in some form on your map's page on this site. You know, just to be safe.
 
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Level 2
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Jan 6, 2020
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I'd advise against uploading things with copyrighted music, unless you're allowed to use it.

If you really want to use custom music, you can use all Blizzard music, public domain assets (like mentioned above) or look for artists that allow the use of their work in non-profit work (e.g. BrunuhVille on YT). If you're not sure about whether you can use the music or not, you can also always try to ask the copyright holder - if it's for a non-profit video game mod, there is a solid chance that you will be given permission for free if you give proper credits. This should probably be true for smaller private creators, perhaps not so much for the bigger ones and most likely not for big corporations.

And finally - if you are going to post copyrighted music that you have permission to use, be sure to save any kind of licencing agreement that you made with the copyright holder. In fact, it would be nice if you include it in some form on your map's page on this site. You know, just to be safe.

True better to be safe then sorry, thanks brother.
 

deepstrasz

Map Reviewer
Level 69
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The chances for somebody whose music was "illegally" put in a Warcraft III map to find out about it and report it is low especially for music that's not mainstream.
I am not aware of Blizzard having a bot or system to detect such things and block the map from their server, not even in StarCraft II.

I got one composition (well, remake) blocked on YouTube once which was unfair as I credited the original authors and did not monetize the video. Besides, I never heard of covers being illegal. Remakes/remixes are practically that, covers.
 
Level 5
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Jul 12, 2016
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The chances for somebody whose music was "illegally" put in a Warcraft III map to find out about it and report it is low especially for music that's not mainstream.
I am not aware of Blizzard having a bot or system to detect such things and block the map from their server, not even in StarCraft II.

I got one composition (well, remake) blocked on YouTube once which was unfair as I credited the original authors and did not monetize the video. Besides, I never heard of covers being illegal. Remakes/remixes are practically that, covers.

Yeah, that's basically what I figured too. I don't expect I'd ever get into trouble with Blizzard or the original creator for putting copyrighted stuff in a map, but I figured that the Hive website might have issues about hosting maps with copyrighted stuff in it.
 
Yeah, that's basically what I figured too. I don't expect I'd ever get into trouble with Blizzard or the original creator for putting copyrighted stuff in a map, but I figured that the Hive website might have issues about hosting maps with copyrighted stuff in it.
@deepstrasz is correct in what he says;
Even less, I think since the site can take down anything if legal reports are sent.

Take a look at the rough resources rules
Resource Submission Rules (Models, skins, icons, spells)


A DMCA take down request can be sent, and then it is up to the website hosting the copyrighted material to take it down. As long as the website adheres to the DMCA take down request the website with the copyrighted material has done nothing wrong.

If the individual who uploaded the copyrighted material monetized it he/she can be sued for the amount that was earned through the original creators resources.
 
Level 2
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Nowadays the current rules act within Fair Use, which in turn as long as no DCMA or user complaint that requires a takedown said resources, it will be permitted to be used.

That's what I thought on YouTube, but was not sure, I heard different things, but thanks @Daffa for clearing that up and just confirming that for me was not sure if it changed or not.
 
Level 7
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Aug 19, 2019
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Can't you see. We're missing the obvious here.

We start a crime syndicate that sells and distributes copyrighted material through WC3 maps.

Interpol will never catch us.
 
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