harmoinx people: please read, need contact

[MaxYoupi]

Hey, I'm trying to organize an event in my backwater country (yep, France) for some students, to play rockband.

That would help promoting the game, we don't need much besides an authorization.
So far:
- sent email to press@harmonix.com : got nothing
- tried to contact EA locally: redirected us to MTV (can't be right ?)
- sent message to hmxhenry: no reply.

I'd really, really like to get ahold of someone, anyone, any contact at harmonix. You do have PR people ? can you please PM me and we will arrange stuff ?

[mbnasir6]

They arent going to do anything.

[nova5]

Why would you even need authorization? Silly gubbermint laws?

[eclaireur]

Why would you even need authorization? Silly gubbermint laws?

More likely a sensible request to avoid a potential silly importer / reseller action...
You can't even play public radio in a public contest (ie. in a store / restaurant / waiting room) without getting an authorisation (and of course in that case paying royalty dues).

[MaxYoupi]

I need authorization because we're talking semi-public use of music and music games.

No contact, no authorization -> can't do. at least that's how it is in many parts of the world if you want to do things by the book.

[AmpRack]

While I'm not sure how French Law works, I wouldn't expect anything from the HMX guys.

Here in the states, on a very strict legal level, you can't play music in public (including bars, restaurants, etc) unless you own proper licenses for every song from every artist. Technically, it's very illegal to plug in your ipod and use it for something as simple as background music. That being said, the spirit of the law is to keep people from using that music for distinct gain; that is, using the music as their own production for their own profits. That's the gist of how it breaks down at least.

The reality is that no one ever goes to a bar, confiscates the ipod, then slaps the venue with fines (which, if P2P litigation is any barometer, could be anywhere from 100-1000+ per song). Generally, no one cares unless its something harmless like a noise complaint violation, which is a different animal entirely. Karaoke bars are different too, in that the reproduction of songs IS the main platform for their business, and they DO have to get special licenses per each song, and there's groups in place specifically for this (ascap, bmi, senac, etc).

Basically, if you personally are asking to use Rock Band in a way that could earn you substantial income, then you're going to run into issues. If you're asking permission to just play the game in public, then you shouldnt* run into any issues.

* - Again, I don't live in France, nor do I know French law. I've been looking around online everywhere to find anything about it but can't find anything specific enough. Do you know any of the specific laws about it?

[nova5]

In the info from the original post it sounds like he'd like to use it at a Frat party type setting (event/students). As long as its just there to be played and he isn't charging a covercharge or providing a prize to a "winner" I would suspect there is nothing to prevent him. hence why I was wondering if there was some odd french law causing it. I wish Karaoke were illegal! I hate the mexican resturant across the road running Drunken Mariachi Karaoke Until 11!

[hmxhenry]

Sorry for not responding to your PM, it's usually the last line of defense communications wise.

As far as the radio silence goes, it may have something to do with the fact that we're not "technically" in a position to approve public use of RB since it involves music from so many artists. The bar night program we ran was an exception, but that's sadly no longer active.

So what we usually do is say that we're thrilled that people like RB and that you're thinking of using it as part of an upcoming event and we wish you the best of luck and hope it's a ton of fun and as long as you're not charging people cash money to play our games then you probably won't get any angry letters on fancy legal stationary.

I hope that helps in a roundabout way!

[MaxYoupi]

one further thing that would help is to have a contact in Europe, preferably France, that we could talk to.

One colleague tried that approach with EA, I think they're a bit out of touch, since they replied "we're only the distributor, get in contact with MTV"...

Am I right in thinking you don't have any presence at all in France ? maybe we would be better off asking microsoft, since this is going to be on an xbox...

[AmpRack]

Well, again, it would help if you could tell us the specific laws that France has regarding public performance of music.

Also, just like it's been pointed out, Harmonix doesn't own rights/permission to the songs in the way that you're looking for. Trying to get clearance from them is a moot point. EA really is only a distributor to the game, they have ZERO to do with the actual production of the game (in terms of music selection and rights procurement). MTV 'may' be a possible way to go, but given Viacom selling Harmonix off, they (and by proxy MTV) don't retain the rights to the Harmonix/RB game tracks. It really is specific to HMX, and you just got a proper response.

So unless you know of a very specific reason why legally you can't play music in public, you're in the clear and there isn't any problem here anymore.