What would be the legal situation if a game dev released a mod for his own game that contained copyrighted material?

[AortaPlatinum]

I'm prototyping and demoing around in RPG Maker lately and considering making an indie game. Obviously I would have next to nothing in terms of budget, but I'd really like to use a few licensed tracks... which I wouldn't be able to use unless I paid the license, since I'd like to have my game for sale on Steam, and you can't sell something unless you own the rights to everything that makes up the thing you're selling.
I've made music replacement mods for other games in the past using copyrighted music and no one has taken any issue with that. So what if, after releasing this game with simple music and atmospheric tracks and free use recordings of public domain songs, I also release an "unofficial official" mod that contains the music I REALLY want to use for free?
As long as the mod isn't advertised alongside the game, and it's released for free, it should count as a transformative work that isn't making money off the content within, and would theoretically be fair use. But if the mod creator is the same person as the publisher, could that lead to unsavory things under US copyright law?

and yes I realize Steam discussions probably isn't the best place to ask for legal advice I'm just brainstorming lmao

[shoopy]

I don't think simply using music in something counts as transformative or free use.

[Fumo Bnnuy n Friends]

don't quote me on this

but

from my knowledge

while you wouldn't necessarily get sued for copyright if you say made a mod as a dev but as a person or another "person" """found""" or """""created""""" a mod that dev had "nothing" to do with then it's also tricky

it depends but so long as it's just for fun without monetary incentive or to ruin the reputation of people it won't matter unless a company is petty enough to actually go to war over a mod (in which case it'd be a publicity nightmare)

it also depends where you give out said mod on a site for modding (they'll probably take it down varies depending)
self released
yeah you're PROBABLY in the clear on some obscure site so long as it remains out of the popularity sector

which is another thing again on factors.

most important though is probably that you avoid using any assets related to the base material in terms of programming or coding.

ex: one people make a lot of mods of 2B or Neir

character = usually 2B probably okay so long as you don't drain $$$$ from them and the people make the model in the game's engine creation for the npcs or character creator.
or
middle man they just make the parts the hair the clothing the face accessories etc. Then people combine them.

soundtrack = music is usually a safer ground. Believe it or not outside of youtube music usually gets more free reign. P sure napster won that battle a while back. Again so long as you don't really get $$$$$ from that

backgrounds art = okay this can be a bit tricky. Stuff like backgrounds not so much but official art yeah you'll probably get in hot water especially concept art is a massive one

sfx sounds / voices = varies but 1 or 2 usually doesn't land you in hot water


overall unless a company thinks you're making $$$$ and a LOT of it they'll realize the cost isn't worth the legal fees lawyers and their time.

as a dev if you make a mod so long as you try your best to not 100% in any way affiliated it with you the dev vs you the regular person / player and if you don't advertise it (big one here) for your game you should be cleared.

also again if you make it for a game and don't use stolen or copyrighted assets like say a character model just straight port it from say game X to your game.


and again if you wanna avoid and be like 90% safer just make it and give it to someone else to release.

that's the beauty of modding.


the only company that actually will give you ♥♥♥♥ is Disney for anything
if i remember they stopped a couple who wanted to put a spiderman tombstone on their dead kid's gravestone and that's how scummy and/or protective of their IPs they are.

Nintendo ironically either doesn't care enough or they're in Japan based mostly so anywhere in the West won't usually reach them. They care if you post that ♥♥♥♥ on youtube with their music and if you port or emulate their Roms

[Out Of Bubblegum]

There is a lot of quality music that is available royalty free. You can also contact the rights holder to get permission to use the music.