OC ReMix Used in Local Commercial - eMail Needed

My housemate, drummer for The OneUps Jared, says he saw a local commercial yesterday three times. It was filmed at his work (Lokomotion Family Fun Park - Games, Go Carts, Mini Golf) and it features Adrian Holovaty's "Gypsy Jazz" arrangement from Super Mario Bros. 2.

I haven't seen it yet, but I'm going to try to get it recorded and then get it online.

I'd like to know if anyone has any contact information for Adrian so we can send it to him once online.

Pretty weird, no?

that's pretty friggin sweet.

And to think Larry wanted to reject that piece. I'm interested in seeing this ad.

according to Adrian's submission email:

"My OC Remix username is adrian. I'd rather not add my e-mail address or Web site."

Irony : /

Did they at least credit the remix in the commercial?

Of course not.

Of course not.

Yeah, I'm not surprised at that.

Would this be a copyright infringement / intellectual property / lawsuit situation that we're talking about?

First, Nintendo would sue Adrian Holovaty for infringing on their copyright. Then OCReMix for making the song publically available. Then Adrian and Nintendo would both sue American Auto Finance for using the track without permission of the arrangement or the copyright in their commerical. Maybe OCR could sue as well because the music here is not to be used for financial gain.

So the short answer is, "No, don't worry about it." It'd just be nice for Adrian to see this since he made the arrangement. I'm workin' on it.

First, Nintendo would sue Adrian Holovaty for infringing on their copyright. Then OCReMix for making the song publically available. Then Adrian and Nintendo would both sue American Auto Finance for using the track without permission of the arrangement or the copyright in their commerical. Maybe OCR could sue as well because the music here is not to be used for financial gain.

So the short answer is, "No, don't worry about it." It'd just be nice for Adrian to see this since he made the arrangement. I'm workin' on it.

umm.... UMM... WRONG!!

ok first off Nintendo cant do jack all, because Adrian is not selling this remix, or making money off of it in any way.

I'm not entirely positive, but I believe the rule is, its copyright enfringement if somebody is making money off of somebody elses song without permission, or a remix of somebody elses song without permission. Either its a rule, or people just dont care unless the other person is making money off of it.

Also, OCReMix would never get sued by anybody unless they were selling CD's of the songs on here.

again

if (person == making money from remix)

{

enfringement = true;

}

else

{

enfringement = false;

}

umm.... UMM... WRONG!!

ok first off Nintendo cant do jack all, because Adrian is not selling this remix, or making money off of it in any way.

I'm not entirely positive, but I believe the rule is, its copyright enfringement if somebody is making money off of somebody elses song without permission, or a remix of somebody elses song without permission. Either its a rule, or people just dont care unless the other person is making money off of it.

Also, OCReMix would never get sued by anybody unless they were selling CD's of the songs on here.

again

if (person == making money from remix)

{

enfringement = true;

}

else

{

enfringement = false;

}

Incorrect. You are infringing on copyrights regardless of whether or not you sell your works.

However, it is true that most people don't give a shit if you aren't making money off your works. That DOESN'T make it a good idea to widely advertise a particular remix as being 'yours,' as that is generally treading into dangerous waters, I would think.

Wasn't Adrian the one who runs a big emulation/programming site?

From the writeup- http://www.djangoproject.com/

Reminds me of something I saw on a local public access show dealing with flying planes I saw a while back. It was an ambient clip of flying around and I recognized the song as Sonic Azure by analoq. Alas no credit, but I was suprised since I lived in a moderately populated town in Iowa that tends to be backwards in anything modern.

I'm not entirely positive...

Well, I am. I've been dealing with copyrights for five years now.

Thanks!

Reminds me of something I saw on a local public access show dealing with flying planes I saw a while back. It was an ambient clip of flying around and I recognized the song as Sonic Azure by analoq. Alas no credit, but I was suprised since I lived in a moderately populated town in Iowa that tends to be backwards in anything modern.

public access? sweet.

next stop, hollywood.

Evilhead informs me he played my arrangements on a radio station in some town in rural Japan.

Evilhead informs me he played my arrangements on a radio station in some town in rural Japan.

Pretty big publicity. You must be, like, famous now!

It would be kinda weird to hear something you wrote played out of the blue in a random commercial, though.

At least he'll have something to brag about. He didn't submit that remix for profit, so why argue about that now?

Evilhead informs me he played my arrangements on a radio station in some town in rural Japan.

I bet you already have your own fanbase by now.

Arkansas, a land of opportunity and fertile Wallmart fields where humans are not raised... they are grown!

At least he'll have something to brag about. He didn't submit that remix for profit, so why argue about that now?

You'd be suprised how many people start complaining when people make any money, even incidental monies, from something someone else put out for free. It's kinda insane, yes, but they can do it.

The likelyhood of being sued over using a remix in a commercial project? Unlikely. Most OCReMixers don't have lawyers, and if they were to sue, the original composers would most likely come and sue US.

This would be so much easier without the extremely obscenely outreaching copyright laws of the U.S. and most other countries.

In case that it hasn't been found yet:

http://www.holovaty.com/contact/