Legal notes on performing music from Nintendo Corporation

Email correspondence:

From: Ben Pushka Gib [mailto:@gmail.com]
Sent: Wednesday, January 30, 2013 6:21 AM
To: Noa Legal
Subject: Performance of Nintendo Music

My name is Benjamin Gib, I am currently developing a YouTube channel, and was wondering if it would be possible to gain permission to perform Nintendo music in YouTube videos on my channel.
Oftentimes people just use Nintendo music, or perform it without permission, but I would like to be legally sound.
I would not use Nintendo’s copyrighted music or audio files, I would be simply performing the music.
Though I’d be able to monetize the videos with advertising with further permission, I wouldn’t do so unless allowed by Nintendo.
I could link to websites of related games, and if anything, the Nintendo website (and I could display the Nintendo logo, if requested.

Thank you for your time,
I await your reply with anticipation.

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Greetings Benjamin,

Thank you for contacting us and I apologize for the delay in our response to you. I wanted to let you know that I appreciate your interest in Nintendo and all our video game products. To us, it represents a great sign of success and recognition of the Nintendo brand.

We are grateful for all the requests we receive for permission to use Nintendo properties; however, we receive thousands of requests and do not have adequate staffing to review them all. Therefore, our general policy is to decline all such requests, no exceptions. I realize this isn’t what you wanted to hear and thank you for understanding.

Although we are unable to grant permission, use of Nintendo properties without our formal permission may still be allowed depending on the circumstances. You are encouraged to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo’s authorization. This is not a comment on whether we believe your particular proposed use is permissible—Nintendo cannot provide legal advice.

Sincerely,

Dale Thompson
Nintendo of America Inc.

For the latest information on the new Wii U console, please visit our website at http://www.nintendo.com/wiiu.

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