Nintendo accused of using music without permission in Pokemon Presents showcase
Nintendo is accused of using music without permission from its creator in the Nintendo Pokemon Presents showcase, which showcases upcoming DLC expansions for the RPG games Scarlet & Violet and Glace & Glaze. The showcase highlights new region and Pokemon additions, but some fans are unhappy with the way a particular song was used.
A pair of fans created the song ‘Memories of Green’ back in 2011 as a tribute to the Pokemon games. They posted it to their own Nintendo fan site, and a few years later Nintendo used it in a Pokemon X and Y TV commercial without crediting them. Nintendo was legally cleared because the arrangement was based on their own product, but some fans felt it was a discourtesy to not even mention the creators.
Now, the song has popped up once again in the Pokemon Presents showcase. ND Music, the fan music duo behind the song, admits they are “surprised and honored” by the repeat use, but they wish Nintendo had asked for their permission.
“Around seven to eight years ago, we created a song called ‘Memories of Green,’ which was a tribute to the Pokémon games,” they say. “This song was used in a Pokémon commercial without our permission, and we unfortunately couldn’t do anything about it.”
They say they are “happy that the song was well-received and used in the game,” but they add, “If I could say one thing, it would be ‘Please ask before using our work.’ As creators, there’s nothing more we want than to see our work used, but there’s a certain level of respect that should be given to creators.”
Some fans are commiserating about the lack of credit, while others debate the moral implications of using fan-made music. Some cite the possibility of accidental use, while others simply see it as an unfortunate look for Nintendo amidst existing fanbase dissatisfaction.
In any case, the company has clearly not asked for the song’s use, and so it is technically not a copyright infringement. The arrangement is based on Nintendo’s own music and so falls under fair use.
ND Music says, “We were definitely surprised and honored that they used our song again. However, we wish they had asked for our permission.”
Nintendo is legally in the clear, but it certainly doesn’t look good for the company to keep using fan-made material without asking. The possibility of accidental use is always there, but it seems unlikely on multiple occasions.
While some of us may take umbrage at the thought of a major company like Nintendo not crediting a fan song, the fact it was used without permission in the first place sours things for many. While ND Music’s song is quite beautiful, it’s hard not to feel that it deserves more recognition than it seems to have received.
