DriftyGames
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Dev Diary, December 30th, 2022
🕑 Added 2022-12-30 13:12:39 +0000 UTCIt's the last post of the year, and this time I'll tell you a bit about getting music for the new game. It's more informational and meant for other AVN developers and those who wonder what's going on. Jump to the end to skip it.
Music Licensing
In all of December, I've been having talks with Premiumbeat about using their song library in my next game, u4ia, as I really wanted to get this expense on this year's budget.
I read through their terms and conditions and there was nothing there about adult content. So I contacted Premiumbeat and asked directly, telling them what my game was about. They confirmed I was ok to use their music in my game.
Though their license only cover 1,000 downloads which isn't enough, and they sent me over to their 'enterprise license' seller.
I went through the whole talk with this new guy once more, and he also confirmed that I could use the music for my game without breaking any terms. In the end, we agreed on a fixed price for 75 songs.
Later he sends me the contract for signing, and there's the usual yadayada - agree to conditions and so forth. However, I notice that the link to the terms is not the same as Premiumbeat. Instead, it's Shutterstock's terms and conditions. I also notice that the enterprise edition seller isn't from Premiumbeat at all, but Shutterstock (who ultimately owns Premiumbeat).
So I checked the terms (and the link was not clickable, I had to type the whole address into the address bar), where it states it can clearly not be used for pornographic use.
There was more back and forth between me and the seller, and at long last, I get confirmation from the Shutterstock legal department where they say it was up to me to define if my content is pornographic or not.
The legal definition of porn is "The representation in books, magazines, photographs, films, and other media of scenes of sexual behavior that are erotic or lewd and are designed to arouse sexual interest". While vague and open to interpretation or claims that the sex scenes serve the story, it further states the following: "ultimate sex acts" and "masturbation, excretory functions, and lewd exhibition of the genitals."
In other words, my games are clearly porn pr. legal definition. So is almost every other adult visual novel out there.
As a word of warning to anyone using (or planning to use) Premiumbeat, their content can not be used for adult visual novels/games. Although Premiumbeat's license terms do not have a porn clause, the enterprise edition at Shutterstock has, which would be the only viable license to use for a game. I am choosing to tell you all this because I know a lot of games use Premiumbeat for their game(s), all the way up to the highest-grossing games.
It's a whole lot of time lost discussing with a seller who is more eager to sell in order to gain his provision than actually stating facts. Much like buying a car, and the seller only answers your questions with what you want to hear.
In the end, it's back to square one on the music part, but this time I'll do the same as I did for Leap of Faith and contact every musician individually. It's more work, but the result is a more diverse and professional soundtrack.
Happy New Year!
Once again I have to give you all a thank you for supporting me while making this. If you hadn't, Leap of Faith wouldn't even be finished yet. Yesterday was also my very last day at my day job, and I am now doing this full-time.
Next week I'll be back to normal updates with render numbers and some specifics about what u4ia is all about - what you can expect from it when it comes to story and content.
Thank you for 2022, and I can't wait to show you what I got in store for you for 2023.
Take care, and stay safe out there.
// Drifty
Comments
Leo Sorits
I wish you best of luck! I just finished the Leap, and the music was fantastic, really added soo much to the game and emotional response i felt. Thank you so much for making this gem of a game. I look forward to your future games with great anticipation
Marty
This was an interesting read to find in my inbox - thanks! The music in Leap of Faith is incredible and moving, and so so well chosen. I didn't think the music would matter as much as it does ..... I also didn't expect to discover a whole slew of new artists (or to be linking their songs to my friends), or to be playing the game soundtrack at home via Spotify. I even reached out to Aaron Kellim on YouTube to thank him for allowing his music to be used in LoF. Katrina Stone and Faith Richards I also wouldn't have discovered if not for you. So the extra time invested in going direct to musicians is probably worth it in the end - for the artists too. Frankly also, if you didn't do such a good job in terms of the story you were telling the music wouldn't matter to me as much as it does. Congrats on giving up your day job!
Marty
Me too. Katrina Stone, Faith Richards. Etc. The music is significant enough to the game that I reached out to Aaron Kellim on Youtube to thank him for allowing his music to be used in Leap of Faith, and got a positive reply.
Marty
Reading between the lines, I'm pretty sure that DPC has this exact same problem lurking in his music licensing. (Unless you have any other criteria for what Drifty means by "all the way up to the highest-grossing games")
Commander Paco
Hey Drifty! As always, keep up the great work. I'm surprised about PremiumBeat and the issues you're seeing. I say this from talking to folks surrounding the testing with DPC and BaDIK: pretty sure he uses PremiumBeat. That being said, there may be specific agreements in place for certain songs? May not hurt to ask DPC to see what he's run into. You and him have been phenomenal with the music and it's thanks to you guys I listen to more independent artists. Regardless, you and your family have a Happy New Year and take care! See ya in 2023!
Devilsauce
Thr music in Leap is a huge part of the game and I am so happy you are doing something similar with u4ia! Very much looking forward to playing it! Happy New Year Drifty!
Matthew Griffin
And this is why you are one of the best...meticulous attention to the details that matter. The story is the heart, the music is the soul.
\m/ Gendrix \m/
Because of Leap of Faith, I have discovered artists such as The Talbott Brothers, Faith Richards, and among others. I have you to thank for that. It's been and still is a wonderful experience with the music you have chosen. Cheers!
Darkzara
Really appreciate the hard work Drifty. All the best.
Shane Ducharme
Have a Happy New Year Drifty! Thank you for all your amazing work and effort to create your amazing games. Thank you also for showing those of us looking to get into creating AVNs how much effort and work is involved. I cannot wait to see how and where u4ia leads your fans to. I am leaning more towards learning to program my own music after seeing the hassle you and other developers have had to endure.
ELeva8ion
Cheers Drifty! We are on the wait for that u4ia, and don't get scammed! π€£
Callisto
From professional experience I can attest that pretty much all big enterprises do not want to be associated with pornography in any way, form or shape; even if the people of those enterprises consume it personally on a daily basis. That irrational fear seems to be mostly tied to financial partners, i.e. bank class shareholders, who still live in a world where they fear sex but are perfectly okay with violence and war as long as it's profitable. I am disgusted by this world we live in. A Happy New Year to everyone! PS: I am very eager to learn more about u4ia, I guess we need to be patient.
Kuke
Thank you for putting so much effort into securing music for your game. It adds so much to the overall experience. I have trouble playing any game that doesn't include music, and you are one of the best at implementing it into your scenes.
I am working on the first release of my own game so I had been following the issues many developers seemed to have been having with music for their games. In the end I decided to just create my own. Thats added expense and time as I had to purchase a DAW to create the music and actually learn how to use it. But hopefully in the end it means less headache with music distributors. Any music I am not creating i have been doing the same as you. Contact the creator directly and getting their approval. Also saving every license doc and correspondence. Good luck in the new year and excited for your next game!
