Comment on Valve Sued By The Performing Rights Society Over Music Rights in Games Valve Doesn’t Make or Own
partofthevoice@lemmy.zip 5 days agoInteresting, but I can see how this might play into their favor too. If the developers license to the music doesn’t cover resale/relicense, and maybe they’re arguing that the music (by extension of the game) was licensed to Valve in a manner that isn’t covered by the original license?
But you still wouldn’t sue Valve over that, would you? You’d sue the developers for damages due to breach of contract?
uid0gid0@lemmy.world 4 days ago
If the games are using the music in violation of copyright and valve acquired it and is selling it, the distribution rights part of copyright law allows the copyright owner to sue anyone in the supply chain.
Once you purchase a legally distributed work, you are protected by the first sale doctrine, which allows you to do pretty much whatever you want with your single copy.
asret@lemmy.zip 4 days ago
But with Steam you haven’t purchased a copy. First sale doctrine isn’t likely to apply. You’ve purchased a license for access.
partofthevoice@lemmy.zip 4 days ago
That’s the relationship between consumer and Valve though. I’m thinking what’s more relevant is whether or not the relationship between the game developer and Valve is in breach of contract between the game developer and PBS.
asret@lemmy.zip 4 days ago
I think the issue here is that the game developers may not have any contract with PRS. Historically they wouldn’t have had to - they’d license the music from the big music labels, stamp their game onto a CD and sell a product. Now they’re not just selling a product - they’re licensing access to a “performance” of it. Valve is the playing an active part in this by “performing” the works on demand. It seems stupid to me, but that’s the world of content licensing.