I know there has been a lot of debate about piracy, and what exactly constitues as "Copy Right Infrigiment" so let me take you down the road from a law side as it applies to the United States of America. So as I have said this only applies to the United States:
Copy Right Infirigment is actually a form of theft. Theft is simply 1. The unlawful taking. 2. Of anothers property. 3. with the intent to permantly deprive the person.
Those are the three main elments of theft and for those of you who are confused by unlawful taking I mean the taking without permission. So lets see if by using music or video of a companies if its theft.
1. The unlawful taking. ( well this is pretty easy to establish most of us are taking and most of the time without permission, and we are obiously taking it to use.)
2. Of Anothers Property (another that is easy to establish, you are using someone elses music or video in terms of applying it to a game in rpg maker.)
3. With the intent to permantly deprive the person ( Yes whether you realise it or not [ and I know a lot of people are going to argue this because if your not making any money if your not selling your game] you are depriving the company wether you paid for the music or you pirated it or if your game is free or not free because people are still hearing their work.)
The point on number 3 is the reason I say that is because you are using their music in your game for example but they are not getting any money from it which they made so they are being deprived.
Now. I'm actually going to break this down even more to a crime called Larceny which has 5 elments.
"1. The wrongful taking (again wthout permission)
2. And the carrying away
3. Of Personal property
4. Of another
5. With the intent to permantly deprive."
Ok a closer look at this one, we can already say from the previous example we meet elment 1, 3, 4, and 5.
So now what about 2? The carrying away, well your not physically carrying anything away. This could get a little troublesome to answer while my personal opinion would be no your not carrying away anything physically. The only way I could see someone even trying to charge you with this is if your music or movie was pirated.
Anyway now that we have taken a closer look let me sum up real fast. Yes you can be charged in the United States of America with theft for using someone elses music in your game. It does not matter if you purchesed the music or pirated it, it also does not matter if you plan on commercially selling your game or not making any profit from it. The elments have been met and so you can be charged with theft.
So I do warn you for those who live in the US. Personally I dont think you will ever be charged or even found with it, but I'm here to let you know it could happen and you could be held criminaly responsible.
Disclamer:
This information was found in Pearsons Criminal Justice book by Professor Roy and Criminal Justice Today an introuductory text for the 21st century elventh edition by frank schmalleger.
I'm also not an attorny and therefore cannot be held responsible for any legal advice, and any advice above is for your personal benfit only. I therefore do not claim that anyone is breaking the law, only offering my opinion on this matter and what I know as a Criminal Justice Student.