Are Video Game Soundfonts Legal? Arguments For and Against

Soundfonts are a popular way of making and remixing retro game music — particularly from classic ‘90s game consoles like the SNES, N64, and PlayStation. But are they legal? 

It’s a murky subject that doesn’t have a clear answer. 

As someone who sells music online, I like to err on the side of caution and avoid soundfonts altogether. But I’m not here to preach to you. 

Instead, I’ll present some arguments for and against soundfont legality, then let you make your own judgment. I’ll also suggest some alternatives to using video game soundfonts.

Are Soundfonts From Video Games Legal?

The short answer is no. But it’s more complicated than that. 

Technically, any audio asset that comes from a ROM is the property of the game publisher, so you would need their permission to use them. That said, you’re probably okay to use them for non-commercial projects. You could also make an argument for “Fair Use” under US copyright law.

Are All Soundfonts Illegal?

No. A soundfont is just a file format used to play audio samples. So whether or not it’s legal depends on who made the soundfont, where the samples come from, and what permissions are given with it.

If you need a good soundfont player, try out sforzando by Plogue. And if you want to browse soundfonts, they also have a list of banks they recommend.

Arguments In Favor of Using Video Game Soundfonts

Despite their questionable legality, ROM-hacked soundfonts are still a popular way of making retro game music. Here are a few arguments in favor of using them:

They’re Probably Okay If No Monetization Is Involved

In the grand scheme of things, making a few tracks with game samples is pretty harmless. Plenty of people write music with soundfonts simply out of enjoyment or curiosity. So if you only share your music as a hobby and aren’t monetizing it, you’ll most likely be fine.

You May Be Protected Under Fair Use

In U.S. copyright law, Fair Use promotes freedom of expression through the unlicensed use of copyrighted material in limited and transformative circumstances. When a work is transformative, it “adds something new” and “does not substitute for the original use of the work” (copyright.gov).

With that in mind, you could possibly consider music made with soundfonts as transformative work. Here’s why:

• You’re recontextualizing the sounds to create something entirely new and different.
• If you edit and modify the sounds even further, that could also be seen as transformative.
• Presumably, you’re not trying to pass off the game’s soundtrack as your own or re-sell the samples themselves.

That said, there’s no hard rule for what’s considered “transformative” and protected under Fair Use. It’s mostly left up to interpretation. You should consult an attorney before releasing music with sampled audio.

There’s No Precedent For Legal Action Against Soundfont Usage

While there are countless lawsuits about music licensing and sampling, there hasn’t been a public case specifically about using soundfonts from video games (at least to my knowledge). 

That’s not to say you should do something because no one’s been busted for it yet. But at the very least, it signals that it’s a low priority for Nintendo and other publishers.

Toby Fox and Undertale Soundfonts

Undertale is a high-profile game soundtrack that uses several soundfonts, including samples from Earthbound, Chrono Trigger, and Mega Man X. Toby Fox (the game’s creator & composer) has since worked closely with Nintendo, even providing new music for the Super Smash Bros. and Pokémon series.

That said, we don’t know everything behind the scenes. It’s very possible there were private agreements made between Toby Fox, Nintendo, and/or other game publishers.

Why You Should Avoid Using Video Game Soundfonts

The fact is, most soundfonts use assets taken straight from ROM files. As such, the sounds themselves are technically the property of the game’s rights holders. In some cases, they actually belong to other companies. You may be liable for using them without permission.

Nintendo and Other Publishers Aggressively Protect Their IP

While some studios are pretty loose with their IP, others are very protective of their properties — especially Nintendo. 

Nintendo already has a notorious history of taking down ROM sites, YouTube channels, and fan projects using their IP. And since many popular soundfonts come from SNES and N64 ROMs, they could justifiably take legal action against people using their sounds without permission.

Other publishers also have a clear stance on the issue. For example, the Square Enix Material Usage Policy specifically calls out ripping and extracting files into standalone components.

You Don’t Have the Licenses to Use Those Sounds

Many game audio assets come from other sample libraries. Presumably, the original composers and developers purchased the samples themselves and had full licenses to use them. That includes using the sounds for pretty much anything short of redistributing them.

Chances are, you don’t have those same permissions. In other words, extracting and using game ROM files would potentially violate legal policies surrounding those original samples.

Samples from Abandonware Games, Instruments, and Sample Libraries

Abandonware makes this murky subject even murkier.

There are some video games, instruments, and sample libraries that are no longer commercially available. This could be for several reasons:

• The companies that owned the rights to those products no longer exist.
• Those companies and/or assets were bought out by another corporation.
• The rights holders simply choose not to sell those products anymore.

But more often than not, abandonware is still under copyright. As such, it’s technically illegal to download the software and samples from those products.

What About Synthesized Sounds From Games?

Everything up to this point has been about sample-based sounds from consoles like SNES, N64, PlayStation, and Amiga.

But other retro game consoles synthesized their sounds using oscillators, like the NES 2A03 chip or the Sega Genesis YM2612 chip. In other words, these consoles essentially had built-in synthesizers.

Synth oscillators themselves aren’t subject to copyright, the same way a physical piano or guitar isn’t subject to copyright. So that means:

• You can sample the actual hardware and not have any issues.
• You could use existing presets from games and upload them into software synths like DefleMask and RYM2612.

That said, someone else’s original samples could be subject to copyright. For example, you’d need a license to use all the 8-bit samples from Super Audio Cart.

Alternatives To Video Game Soundfonts

So you still want to make music that stokes your nostalgia? Thankfully, there are legitimate ways to create tracks inspired by those retro sounds you love.

Using Virtual Instruments and VSTs

Some developers have taken it upon themselves to create their own retro-inspired synths and plugins. These ones in particular give you SNES-style sounds:

Using Original Instruments & Sample Libraries

It’s still possible to track down the original sounds that early game composers used. Thanks to the research and efforts of the VGM community, many of those instruments and samples have been found. 

Unfortunately, most of those synths and libraries are no longer available. However, you can find many of them on the used market. Here are just a few of them:

Using Digital Versions of Legacy Products

Likewise, some manufacturers have made digital versions of their legacy instruments and libraries. They also tend to recycle sounds into modern products.

Creating Your Own 16-bit SNES Samples

While you can use pre-packaged samples to make 16-bit SNES music, using your own sounds is also rewarding. You can do this in one of two ways:

1. Use plugins to replicate the “SNES Sound” — You can mimic the crunchy, compressed sound of SNES samples by using EQ and bitcrusher plugins. Then use a delay plugin to replicate the console’s faux-reverb effect.
   
   We go into more detail about this in our article, How To Make 16-Bit Music.
   
   
2. Upload samples into Chipsynth SFC — This VST instrument comes pre-loaded with plenty of sounds as is. But its best feature is letting you upload samples and instantly process them to sound like they came from a SNES.

Find Original Samples from Classic Games

We’ve put together a few resources to help you find sounds from specific classic games. We’ll add more as time goes on. But for now, check out these resources:

• Super Mario 64 (N64)
• Banjo-Kazooie (N64)
• GoldenEye 007 (N64)