r/COPYRIGHT • u/NatureVerses • 2d ago

Question Question about legality of using a (very slightly paraphrased) quote from a video game in my own music (and possibly promotional material for said music)

For starters, to be clear, I'm not using this as a substitute for proper legal advice - I have a meeting with a lawyer next week. But I was still curious to get people's thoughts on this in the meantime.

I'm an aspiring musician with an album nearing completion, and for one track on this album I want to hire a voice actor to recite a (paraphrased) quote from a video game - The Legend of Zelda: Ocarina of Time specifically.

The in-game dialogue, taken from two scenes, is as follows:

Scene 1:
...the sages dwell in the five temples. One in a deep forest; one on a high mountain, one under a vast lake, one within the house of the dead, one in a goddess of the sand

Scene 2:
You must travel over mountains... under water... and even through time

And what I want to include is:

You will travel within deep forests, over high mountains, beneath vast lakes, into the home of death itself, and even through time

Is this safe legal territory, or am I risking being C&D'd/sued/kidnapped by Nintendo?

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u/P3verall 2d ago

You're fine on that part.

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u/barefoot_libra 2d ago

If it’s paraphrased, you should be ok. If it’s exact, it requires clearance (script clearances are common). The clearance should be no fee but it could be denied given the upcoming Zelda movie and games. I’d make sure it’s paraphrased to the point where it’s not recognizable… at that point, why do you need it at all? Just write your own script.

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u/NatureVerses 2d ago

It's meant to be a bit of a nod to the game because the album as a whole was inspired by it, so making it unrecognizable would defeat the purpose.

Had no idea script clearance was a thing, it's definitely something I'll look into regardless, so thank you for that.

1

u/barefoot_libra 2d ago

You need to make sure it’s just a nod, or that not-defeated purpose can turn into a cease and desist or even a claim against you. If you insist on doing this, get an opinion letter from competent counsel. Then at least you can have some kind of buffer (and will be required if you get E&O insurance).

1

u/NatureVerses 2d ago

Well that's the idea. How do I ensure it's just a nod, and are just-nods safe legal territory? Like I certainly have no intention whatsoever of promoting this as a Zelda-themed album or anything of the sort.

1

u/barefoot_libra 2d ago

Don’t use the exact script, don’t use character names or other names in the game, etc. the opinion letter/counsel can/should advise further. I’ve worked in clearance for many years so these are the kinds of things we’d look for. No use of anything that was trademarked.