Is Beat Saber Custom Songs Legal? A Detailed Breakdown

No, downloading and playing custom Beat Saber songs constitutes copyright infringement under current law in most countries. These unofficial "song maps" are created by ripping music files from copyrighted tracks without artist permission.

However, the legal standing remains complicated given modding culture and labels taking little action so far against individual players. This article examines the nuances around Beat Saber mods and how copyright applies.

The Legal Basis for Infringement

Music piracy cases typically violate two main areas of copyright law:

• Reproduction – Making copies of a protected work
• Public performance – Playing a work publicly without a license

Both likely apply to most uses of custom Beat Saber maps based on analysis from gaming lawyer Ryan Morrison. Players download song files ripped from music they don‘t own then perform them in a virtual space.

However, Morrison notes labels seem to tolerate this violation currently to promote VR growth. We‘ll analyze those industry incentives next.

Why Don‘t Music Labels Enforce Their Rights?

"There is little motivation on the labels to go after individual players," said Morrison. "It does not make business sense for record companies to play whack-a-mole against their fans."

The recording industry takes a similar stance to fan lyric videos on YouTube – often allowing them as they can boost interest and sales around releases. Let‘s compare top 10 Beat Saber songs on sites like BeastSaber:

The vast majority are huge commercial hits. Allowing custom maps keeps major artists relevant with gaming fans. It‘s free promotion driving their streaming and sales numbers.

This gray area has let the community thrive – with sites hosting over 50,000 custom songs for the platform.

The Risks Around Monetization

Things get far more legally risky when attempting to earn money from custom songs. Advertising or charging for unlicensed maps crosses lines motivating copyright action.

Gaming lawyer Zachary Strebeck told NME:

"Companies have a duty to protect their copyrights when there is potential profit loss," said Strebeck.

He notes monetizing gameplay with a popular song alone likely qualifies as commercial use. Trying supplementary income streams like ad sponsors around it further raises stakes.

Let‘s examine protections if challenged.

The Limited Defense Of Fair Use

Fair use presents the main defense for playing songs without permission. But legal experts argue it offers questionable shelter here per analysis on IGN.

Four factors determine fair use in court:

• Purpose – Using work for news, education, commentary etc.
• Nature – If it‘s published or unpublished
• Amount – The portion of work taken
• Effect – Financial impact on rights holder

Personal entertainment fails meeting purpose standards. And unreleased mixes like DJ edits directly damage sales potential.

Overall industry patience around Beat Saber likely matters more than fair use presently. But relying on it leaves minimal protection long-term.

Artist Perspectives: The Upside Of Custom Maps

What about musical acts themselves? Views on custom tracks helping visibility versus denying revenue vary.

Quote from electronic artist Bossfight:

"Getting my music, released or unreleased, onto Beat Saber exposed me to so many new fans I wouldn‘t have reached otherwise. But it‘s still weird seeing people make ad revenue uploading tutorials with my music. I don‘t love that part but I want my stuff accessible to fans however I can."

Contrast with indie rock singer Theo Young commenting in Guitar World:

"I spend months crafting an album hoping to get 2 million streams. Then someone rips one track for Beat Saber and millions play it for free, ignoring the full artistic vision."

This divide highlights debates around promotion methods in the digital era – with monetization and copyright clashing against desires to spread art.

Comparisons: Other Games & User-Created Levels

To understand the unique Beat Saber situation, let‘s compare handling of copyright issues in other moddable games:

Guitar Hero Series

• Custom song creation actively banned and patches released by publishers to block
• Heavy litigation history against clone games with unlicensed music

Minecraft Note Block Covers

• Treated similarly to streaming game music on YouTube under agreements
• Community guidelines prohibit monetization without permissions

Friday Night Funkin‘ Rhythm Game

• Open source base game with placeholder songs encourages fan remixes
• Monetized mods must credit original artists per guidelines

The vibrant nature of VR and strong label relationships make Beat Saber a special case legally – though an uncertain one long-term without shifts in copyright law accommodating these uses.

Conclusion: Tread Carefully With Custom Content

In summary, downloading custom Beat Saber tracks likely constitutes copyright infringement. But the legal risk to individual players stays reasonably low at present under industry tolerance. Just avoid monetization attempts without artist consent to prevent motivating lawsuits.

We covered key questions like:

• Are custom songs illegal? Yes under copyright law but enforcement is lax currently.
• Can you defend with fair use? Arguments seem limited playing unlicensed music personally.
• What‘s artist perspective? Mixed – custom maps drive discovery but deny sales.
• How do other games handle it? Most forbid and patch to block unofficial songs.

I hope mapping out the legal landscape around custom Beat Saber content helps players evaluate risks. Weigh the benefits of access against denial of proper industry revenues. And proceed with caution until case precedent or guidelines establish firmer boundaries.

What questions do you still have around copyright rules and music modding? Let‘s keep the conversation going!