mp3 backups of music in video games?

So, we all know that it is legal to have mp3 backups of music that you own on a non-digital format.

Lots of video games for the past decade have also included music in them. Obviously there are the Rock Band and Guitar Hero games built on that principle, but lots of sports games also have music in them.

If I have a game (in this case, I am thinking of Tony Hawk's Pro Skater 3 for Gamecube, an old game now, with bands like Ramones, Rollins Band, and Motorhead) that had songs in it, does anyone know if it is legal to have an mp3 of these songs, under the "backup" principle? Obviously I can have a ROM backup of the game as a whole, but I'm not sure with video games if the music can only be legally enjoyed in the context of playing the video game.

Are you really that concerned that a SWAT team is gonna break down your door with machine guns at the ready? Are the neighbors ratting you out? I suppose as long as you're not posting them on-line or downloading others, it's fine.

If you're feeling some guilt for illegally downloading them in the firstplace, then asking us to justify your theivery is lame. But if you paid for the original material, do what you want with it. What you listen to in whatever format in the comfort of your own home, apartment or trailor is your business.

MetalGuy71 wrote:

Are you really that concerned that a SWAT team is gonna break down your door with machine guns at the ready? Are the neighbors ratting you out? I suppose as long as you're not posting them on-line or downloading others, it's fine.

If you're feeling some guilt for illegally downloading them in the firstplace, then asking us to justify your theivery is lame. But if you paid for the original material, do what you want with it. What you listen to in whatever format in the comfort of your own home, apartment or trailor is your business.

I concur.

Stender wrote:

MetalGuy71 wrote:

Are you really that concerned that a SWAT team is gonna break down your door with machine guns at the ready? Are the neighbors ratting you out? I suppose as long as you're not posting them on-line or downloading others, it's fine.

If you're feeling some guilt for illegally downloading them in the firstplace, then asking us to justify your theivery is lame. But if you paid for the original material, do what you want with it. What you listen to in whatever format in the comfort of your own home, apartment or trailor is your business.

I concur.

as do i..

I haven't even downloaded anything and probably won't. Certainly not looking for justification. I was simply curious about a question of legalities.

Tur-Thalion wrote:

I haven't even downloaded anything and probably won't. Certainly not looking for justification. I was simply curious about a question of legalities.

Downloading music without paying for it is illegal.

Did you read the initial post? In it I stated that the question was about the circumstance when you purchase a video game that has songs included; are you then entitled to have a backup of the songs.

To answer your question: most likely not legally entitled because what you are essentially doing is 'decomposing' / 'taking apart' something that is already copyrighted. It's not the same as ripping a CD because you are not essentially modifying anything there, it's essentially the same product as the CD just that you are playing it on your computer or ipod rather than from a CD player.

However, with a game like Rock Band or Guitar Hero, the songs are part and parcel of a whole product - their purpose is not to be played independently from the game itself but rather as part of the game engine. When you go ahead take the music apart from a game like Guitar Hero, that is essentially modifying a copyright product as those GH or RB songs are not supposed to be played outside of the game.

On a similar note, if you download (from illegal sources) songs that appear on GH / RB you are still outside the boundaries of legality. Many times the songs that appear on GH / RB are not the same versions as the songs that appeared on the original source (CD, Vinly, Tape etc.). Songs destined for GH or RB are usually re-recorded or re-mixed - for various legal and non-legal / technical reasons. You'll seldom find that those games use the exact same songs and same mastering/mixing as the song that appears on the original recording.

So in that regard, you cannot justify downloading the same titled song as it is in some way or another a different version/edition altogether.

The bottom line is, music that appears in games / movies is (from a legal perspective) part and parcel of that product. Taking it apart to be played on its own still constitutes (in theory at least) a violation of copyright law. Hence we have things like official movie soundtracks and official video game soundtracks.

Ripping music CDs however is a different animal altogether. It's merely changing the physical format but not the essence of the recording. Music that appears in video games and movies is an integral part of those products and cannot be separated without licensing a separate product.

I hope this answers your question.

that's kind of what I suspected. Very helpful and thorough reply, thanks!