legal issues with distorted music?

[xXxFANCYCAPYBARA36xXx]

currently trying to find out things regarding legal issues with copyrighted music in commercial and non commercial projects.

if i were to use this song in a commercial project (say a steam game selling for 3 bucks or so)

(i already marked the timestamps on both versions so you can listen real quick and hear the differences)

Spoiler

 

but i modify the original song in such a way that it sounds something like this, probably even more distorted

Spoiler

 

and dont include the entire song, but just a ~30 second or so snippet of it.

would i potentially get into legal trouble? i googled around and found some partially helpful answers but im not really satisfied.

i mainly read up about it here

https://www.nolo.com/legal-encyclopedia/permission-sampled-music-sample-clearance-30165.html

and it says there

"Sample clearance is ordinarily not required if:

(...)

• You plan to distribute copies to the public but meet one of the following: (1) an average listener would not notice the similarities between your end product and the sample, or (2) your use of the sample falls under the "fair use" doctrine. For more information on these, see "Defending a Lack of Sample Clearance," below."

 

aswell as 

 

Factors in determining fair use. When reviewing fair use questions, courts primarily look for three factors:

• You did not take a substantial amount of the original work (say, ten seconds of a song versus 60 seconds).
• You transformed the material in some way (for instance, you added new base sounds to a melody).
• You did not cause significant financial harm to the copyright owner (perhaps you are using a bit of classical music in your heavy metal rock song, which appeals to a different market).

 

i dont really understand that all too well though. for example "an average listener would not notice the similarities" how should i understand that? does it mean if he recognizes its the song, but its completely changed im good to go or does it mean that the song should absolutely not be recognizable in anyway?

also "You transformed the material in some way" the vaporwave edit is obviously extremely transformed. its slowed down, pitched down and has a reverb effect etc. plus for my case, im looking into making it even more distorted to the point where most of the singing / lyrics is irrecognizable (think of it as a disturbed kinda humming maybe?) am i then "good to go" in the sense that i can claim fair use?

i wanna play it safe. i dont make much money at all, and would be absolutely fucked in every orifice imaginable if i ever got into legal trouble with a big company. i figured there are some people on here which are really good in this field and am just wondering if yall could give some input.

[EnigmaGrey]

Fair use is a defence for a violation of copyright, basically.  The bullet points don't make your work any less a derivative product of the original, but may be sufficient to avoid being sued over it. The author may not know it exists or may choose not to enforce fhier rights, but when dealing with large record labels, I wouldn't hold my breath.

 

May help to google a bit about resampling in electronic music and find a few notable cases. It's ... weird and confusing to say the least.

 

Caveat: I'm a bored idiot on the internet, not a copyright attorney.

[Fenris_Wolf]

The laws surrounding 'fair use' vary from country to country and can often be vague. Its probably a safe bet to say if your including it in a commercial project the fair use argument becomes null and void.

Remember bands have been successfully sued because 10 seconds of a guitar rift sounds similar to something another band has produced.  The 'classical in heavy metal' point above is misleading, as most of the classical getting used in such situations would have fallen into public domain.

 

My advice: Google is not a lawyer. If having music derived from a copyrighted source is a must for your project, seek real legal advice instead of random webpages. Though its probably safer (and cheaper) to use original work that you commissioned from a 3rd party, stuff in the public domain (copy right expired) or released under a license such as Creative Commons, or from a website that sells royalty free music such as https://machinimasound.com/ they are a great source for such projects. Although they may not have the sound you're looking for, and similar sites exist. You'll have a easier time googling for music you can use legally, then you will googling for answers to a hazy and complex legal problem. 

 

In this area its better to play it safe.

 

 

 

[xXxFANCYCAPYBARA36xXx]

yeah i figured its better i just not use it altogether

the legal issues surrounding this are way to complex for me to understand lol, better play it safe. id be dead if i ever got into trouble for this. thanks for the advice though its much appreciated