I'm making my own video game and wanted to incorporate music from Nintendo because I have no experience in music composing. Now my question is if I can use this music if I offer the game completely free to download online, I would not get any income.
Only if you get permission.
So you would have to buy a corresponding license from GEMA.
If you use the music without such permission, you are committing a copyright infringement.
Ok, thanks for the answer… Now it's time to look for hours copyright free music xD
Offer the game as a download on a foreign server (.com extension etc.). German laws do not apply there and GEMA can't do anything.
For example on Itch.io?
As long as the server is outside of Germany (better outside the EU) then neither GEMA nor the EU can prohibit this.
Yes as far as I know this server is in America
Then the US laws take effect. GEMA can't do anything.
Ok… But what would the whorst case scenario be and the server is in the EU? What's the worst thing that could happen to me?
Don't listen to this "advice". On the one hand, unlicensed use of copyrighted works is prohibited in most countries, on the other hand, it is completely irrelevant which server it is on. If the rights holder can somehow identify you, he can also sue you in this country.
Tor hidden service.
Oh man, life is complicated…
Yes, but not in that aspect. Very simple rule: Do not use anything for which you have no rights. There's enough license-free music / graphics for hobbyists on the Internet.
OK thanks
Unfortunately, this is sometimes also compulsory.
