There may be some legal issues with me using the song Nightcall, this is because it is copyrighted and I may come under fire from lawyers for using the song without permission. I could also come under scrutiny for using the concept of Hotline Miami which is a game that uses a very similar style and is what I am basing my idea off.
However because I am not directly re-uploading the song and the product I am making is trans-formative in nature it falls under fair use. This means that I cannot be sued because I am not just taking the video and reposting it. Even if I did, because the YouTube copyright system is broken, it would not really affect me as I am not relying on the revenue from this video.
This video wouldn’t be put on TV simply because I won’t be able to make an animation for the whole song, so it wouldn’t be able to be put on like MTV or something. The violent themes that I intend on using would also prevent it from coming on before the watershed which prevents graphic content airing before 9 PM.