Can I use Genshin Impact music?

Genshin Impact is an open-world action RPG developed and published by miHoYo. It was first released in September 2020 and quickly became one of the most popular gacha games worldwide. Genshin Impact features a massive open world, engaging storylines, and stylized anime graphics. One of the standout aspects of the game is its soundtrack featuring over 50 original compositions. The music encompasses a wide range of genres and helps bring the fantasy world of Teyvat to life. With its widespread popularity, many content creators are interested in using Genshin Impact’s music in their videos and streams. However, as with any copyrighted content, there are restrictions around how others can use Genshin’s music.

Copyright Law Basics

Copyright is a form of intellectual property that protects original works of authorship, including literary, dramatic, musical, artistic, and other creative works. Copyright law in the United States is governed by the Copyright Act of 1976, which provides the creator of an original work with certain exclusive rights, including the right to reproduce, distribute, publicly perform, publicly display, and create derivative works based on the original. Under the Copyright Act, copyright protections exist automatically once a work is fixed into a tangible medium of expression, such as writing on paper or storage in a digital file. While no registration or other formalities are required for copyright to exist, official registration of the copyright with the U.S. Copyright Office provides additional protections and benefits (https://www.copyright.gov/circs/circ01.pdf).

In the U.S., copyright protections generally last for the life of the creator plus 70 years. All works published in the U.S. prior to 1924 are in the public domain. Copyrighted works may also enter the public domain if the copyright expires or the rights holder deliberately places the work in the public domain. Works in the public domain can be freely used without permission from the original creator.

Genshin Impact Music Copyright

According to Hoyoverse’s Legal FAQ, Hoyoverse has full intellectual property rights, copyright, trade secrets and other related rights and interests to the Genshin Impact project, including but not limited to the game software, music, characters, stories, artwork, and other content [1]. This means that Hoyoverse owns the copyright to all Genshin Impact music.

Hoyoverse’s terms of use state that users cannot reproduce, distribute, modify, or make derivative works based on Hoyoverse content without permission. This includes using Genshin Impact music in videos, livestreams, and other projects [1].

In summary, Hoyoverse owns the copyright to Genshin Impact music and does not allow unauthorized usage without permission according to their terms of use [1].

Fair Use Doctrine

The fair use doctrine is an important exception to copyright law that allows limited use of copyrighted material without permission in certain circumstances. According to the U.S. Copyright Office, fair use is determined based on four factors:

The purpose and character of the use, including whether it is for commercial or nonprofit educational purposes
The nature of the copyrighted work

The amount and substantiality of the portion used
The effect of the use upon the potential market for or value of the copyrighted work

In general, using a small portion of a copyrighted work for purposes such as education, commentary, criticism, news reporting, or parody is more likely to be considered fair use. Extensive copying or commercial use is less likely to qualify as fair use [1]. For music, this often means short samples of a song may qualify as fair use, but re-posting full tracks does not.

When considering use of Genshin Impact music, one would need to evaluate based on the four factors above. Using a short clip in a video review or commentary would have a stronger fair use argument than uploading entire songs from the soundtrack. Overall, fair use is determined on a case-by-case basis, so there are no definitive rules.

Using Music in Videos

When using Genshin Impact music in videos on YouTube or other platforms, the main consideration is whether your video will be monetized or not. For monetized videos, you generally need explicit permission from the copyright holder to use the music. This is because the video will be earning ad revenue, and the copyright holder has a right to also profit from their work.

For non-monetized videos, you may be able to argue fair use, especially if you are commenting on or critiquing the game itself. However, there is still a risk of copyright claims or strikes. Some guidelines include:

Use short music clips only, not full length songs.
Credit the music appropriately in the video description.
Add commentary or visuals, don’t just play the music by itself.

Dispute claims if you believe your use qualifies as fair use.

As mentioned on Reddit, it’s generally risky to use copyrighted game music without permission in monetized videos. For non-monetized videos, fair use may apply but there is still a risk of claims. The safest option is to use royalty free music instead.

Using Music in Livestreams

When using copyrighted music in a livestream, streamers need to be aware of potential copyright issues. Game publishers usually allow gameplay to be broadcast, but that permission does not extend to the game’s soundtrack. The music in a video game is subject to separate copyright protections.

There are some guidelines streamers should follow when using music during a livestream:

Get permission from the copyright holder before using any copyrighted music. This is the only way to fully protect yourself against copyright claims.
Use music from stream-safe sources like Pretzel, Monstercat, or StreamBeats. These services offer stream-friendly music licenses.

Turn off in-game music and use your own licensed background tracks. This avoids having game music playing unexpectedly.
Delete VODs containing any copyrighted music not cleared for streaming. Copyright holders mainly scan archived footage.
Avoid playing extended portions of popular songs. Brief snippets are less likely to be detected.

Always mute music when temporarily stepping away or running ads/promotions. copyright bots scan all live content.

Following these tips allows streamers to incorporate music safely. However, getting express permission from labels is the only foolproof method. Unlicensed music always carries some risk of video muting or channel sanctions like losing monetization.

Using Music in Other Projects

If you want to use Genshin Impact music in other projects like podcasts, remixes, or other creative works, you need to be aware of rules around derivative works and obtain proper permissions. According to an article on Reddit, “if a copyright didn’t expire yet, you most certainly need to pay. Also: primary works (lyrics and composition), performance and recordings are separate copyrights.”

Under copyright law, a derivative work is one that is substantially copied from or based on one or more preexisting works. As explained on the Music Business Made Easy website, “The right to create a derivative work falls under the songwriting copyright, and the owner of the original underlying copyright is the only one who has the right to create derivative works.”

So if you want to use Genshin Impact music in a remix or podcast theme song, you would need permission from the copyright holders of the original composition and recording. Simply crediting the original artist is not enough. Quora discusses how “Creative works, such as songs, are under copyright protection for 95 years from first publication or 120 years from creation, whichever is shorter.” So the Genshin Impact music is still well within copyright.

Your best option is to contact MiHoYo directly to seek permission if you want to use their music in any commercial or monetized derivative projects. Using the music without permission raises the risk of copyright claims or strikes against your podcast, video, or other content.

Seeking Permission

If you want to legally use music from Genshin Impact in your videos, livestreams, or other projects, you may need to obtain permission from the copyright holder. This usually requires licensing the music through the appropriate channels.

For Genshin Impact, the copyright for the music is likely held by miHoYo, the developer of the game. You would need to reach out to them directly to inquire about licensing their music. Many game developers have licensing portals on their websites where you can submit requests.

If granted a license, you would likely need to pay a fee to use the music. This gives you legal permission to use the songs in your content within the terms of the agreement. The license may be limited to certain uses, platforms, durations or other restrictions.

Without a proper license, you risk your content being claimed, demonetized or removed for copyright infringement. Licensed music gives you peace of mind that you are following copyright law.¹

Potential Risks

Using copyrighted music without permission carries risks and consequences. According to U.S. copyright law, statutory damages for copyright infringement range from $750 to $30,000 per infringement, with harsher penalties for willful infringement (up to $150,000 per work infringed) [1]. Repeat offenders may face even higher fines. Beyond monetary damages, copyright holders can file lawsuits and obtain injunctions forcing the infringing content to be taken down.

For example, video sharing sites like YouTube have automated systems that can detect copyrighted music and mute or take down videos. YouTube’s copyright strike system can penalize channels by restricting monetization or terminating accounts after multiple strikes [2]. Live streaming platforms like Twitch also prohibit unlicensed music and will mute archived streams or suspend accounts for repeat offenses [3].

In summary, using copyrighted game music without permission, especially for commercial purposes, carries significant legal and financial risks. It is best to use original or licensed music, seek direct permission from rights holders, or only use short clipped samples under fair use.

Conclusion

In summary, the legal status of using Genshin Impact music is complex. While you technically have the right to use short portions of music under fair use, especially for videos or livestreams, there is still a risk of copyright claims or strikes. The safest option is to avoid using any copyrighted music without permission. However, you may decide the benefits outweigh the risks in certain contexts. Just be sure to limit your use, properly credit the music, and dispute any unfair claims. Overall, proceed with caution and make sure you understand the potential consequences when using Genshin Impact or any copyrighted music.

The final recommendations are:

Seek written permission if you want to avoid any risk of claims
Only use short clips of music, not full length songs
Always credit the original artist/composer

Dispute any copyright claims you believe to be invalid
Weigh risks vs rewards when deciding whether to use the music