Pokemon Scarlet And Violet DLC Trailer Apparently Used Fan-Made Music Without Permission

During its Pokemon Presents segment yesterday, Nintendo used fan-made music for the Pokemon Scarlet and Violet DLC trailer, but seemingly without the creator’s permission. The reveal for Hidden Treasure of Area Zero used a unique arrangement created by ND Music, but according to the YouTuber Nintendo didn’t ask him beforehand. Hence, it seems like The Pokemon Company may have accidentally or intentionally stolen content.

I'm really surprised and quite honored to hear snippets of my Area Zero music arrangement in today's Pokémon Presents DLC trailer!

However, TPC, you could have asked me before…? 🤔 #pokemonpresentshttps://t.co/LlR9pqsjRI

— ND Music (@NDMusicChannel) August 8, 2023

Following the trailer’s showcase, ND Music took to Twitter to express his honor, and some surprise, at the use of his unofficial tune in the official DLC trailer of Pokemon Scarlet and Violet. Even though the creator said he isn’t upset, he was certainly caught off guard by the use of his arrangement in the trailer, which you can hear about three minutes into the Hidden Treasure of Area Zero trailer below. 

When you compare the music heard in the trailer to ND’s arrangement, which he linked in the tweet, the similarity between them is hard to deny. The YouTuber’s creation is a more cinematic version of the tune we hear in the trailer and even though it is used for a short time, it’s still there. Hence, not asking permission or giving credit to the creator of this theme is concerning and the wrong move from Nintendo.

Granted, ND Music’s arrangement of the Area Zero theme is based on the music present in Pokemon Scarlet and Violet. But, his version doesn’t simply give a lift to the original, it completely reconstructs it from the ground up by using different instruments, vocals, and much more. Furthermore, the creator also gave credit to Nintendo, The Pokemon Company, Game Freak, and Creatures Inc. in his original video as you can see below.

Therefore, Nintendo completely taking the credit away from someone who improved the game’s much completely illegal feels anything but right. Fans have also sided with ND Music in this situation, showing him support under the tweet and saying that what Nintendo and the Pokemon Company did was stealing and that the YouTuber should sue.

Now, we aren’t copyright law experts and many fans are saying Nintendo could get away with using ND’s arrangement in the trailer as remixes/derivates of the original work aren’t owned by their creator. But, that is just speculation and we aren’t aware of what will happen if ND Music decides to sue the Pokemon Scarlet and Violet publisher or even if he does sue.

All we know is that Nintendo used an original fan-made arrangement of Area Zero’s music in the trailer for Pokemon Scarlet and Violet DLC Hidden Treasure of Area Zero, but didn’t give the creator credit or even ask for his permission. Now, the Japanese gaming giant might not be punished for this legally, but one thing probably most of us can agree on is that utilizing fan work in such a way is morally wrong.

the new Pokemon Presents uses a stolen fan-cover of Area Zero's music without crediting the original ******* artist pic.twitter.com/SgyMIahyEm

— Lewtwo (@Lewchube) August 8, 2023

Besides a trailer that possibly infringed copyright law, there were many other announcements at yesterday’s Pokemon Presents. Detective Pikachu Returns, the sequel to the 2016 Nintendo DS title, is exclusively launching on the Nintendo Switch this October after its reveal yesterday. Moreover, the console’s online service, Nintendo Switch Online, will also feature the Trading Card Game and Pokemon Stadium 2 from today onwards.