YouTube Copyright Question

[DogCatMSMac]

I know many of you must be using FCPX to make YouTube videos. I am a beginning videoist, I've made two 3-5 minute videos of vacation pictures and video clips accompanied by two rock songs you would hear on the radio, one is almost 50 years old and the other is 2 years old. I have credited the song and performers in the credits. Is it true that even if the video is demonitized and my expected viewership over the next 10 years is 10 people that the videos will be automatically tagged as infringing the copyright of the songs and that the video or my account will be penalized in some way? Thanks!

 

[kohlson]

I can't give you an official word, but can give you my experience.
I have submitted videos with music I have licensed and been flagged as "contains copyrighted info" on submission. It was published anyway - all viewed 100s to 1000s of times.

I think using the song in the manner you described is a copyright violation. 1 view or 10M views - makes no difference. But does anyone care if it's only one view? Not in my experience. Worst case - they tell you to take it down.

Karma comment: You have "bought" the music, right?

Finally, YT makes a library of music available - totally free. Sometimes the artists ask for attribution, but that's it.

 

[AZhappyjack]

I know many of you must be using FCPX to make YouTube videos. I am a beginning videoist, I've made two 3-5 minute videos of vacation pictures and video clips accompanied by two rock songs you would hear on the radio, one is almost 50 years old and the other is 2 years old. I have credited the song and performers in the credits. Is it true that even if the video is demonitized and my expected viewership over the next 10 years is 10 people that the videos will be automatically tagged as infringing the copyright of the songs and that the video or my account will be penalized in some way? Thanks!

I can't give you an official word, but can give you my experience.
I have submitted videos with music I have licensed and been flagged as "contains copyrighted info" on submission. It was published anyway - all viewed 100s to 1000s of times.

I think using the song in the manner you described is a copyright violation. 1 view or 10M views - makes no difference. But does anyone care if it's only one view? Not in my experience. Worst case - they tell you to take it down.

Karma comment: You have "bought" the music, right?

Finally, YT makes a library of music available - totally free. Sometimes the artists ask for attribution, but that's it.

In my experience, whether or not videos get pulled or flagged is pretty much up to the copyright holder.

With some music, attribution is all that is necessary. In other cases, the copyright holder can block the video or simply prevent YOU from monetizing the video. Purchasing a license to listen to the music (I "bought" the song/album/CD) does NOT allow you to use it in videos or play it in a "public performance". For commercial music, using that music in a video that is published requires additional licensing. YouTube, Facebook, Vimeo, etc may or may not recognize those licenses. They will most often err on the side of the copyright holder and limit your use to one extent (block) or another (monetizing).

And since I am not a lawyer, never played one on TV and haven't' been to a Holiday Inn Express in years, YMMV.

 

[DogCatMSMac]

I would think that many artists would like to have their music on such small scale videos. A few years ago I saw a private video with people mountain biking and bought the album because of that. Oh well, I’ll probably publish them and see what happens.

 

[ruka.snow]

You can be recording your toddler with some ambient music coming from outside and have the audio removed and a copyright strike.

 

[Puonti]

I would think that many artists would like to have their music on such small scale videos.

That's a bad default assumption. If you've asked for permission, received it and communicate it in the video, then great!

But the default assumption for "borrowing" any type of art, whether music or visual, should be that such "free exposure" is not wanted or appreciated (and not because the artists are "dumb" or anything - their stance is perfectly justified)

 

[kohlson]

I would think that many artists would like to have their music on such small scale videos.

The assumption here is that the artist controls the music you're listening too. In many cases it belongs to a publisher. The rules of copyright are pretty clear and straightforward. There is a gulf between adherence to/enforcement of such rules, and the lines are fuzzy.

The Golden Rule applies here. If you put time and effort into creating something, it's not at all clear how you would feel if someone used this, especially with a rationale of "But I'm helping you!" Maybe it does and maybe it doesn't. Without asking ("Used by permission") how would you know?

 

[Apple_Robert]

Do not use commercial music in your videos that you do not own or have the legal right to use by the copyright holder. If you want to use music, make sure it is free domain (as in creative commons license music) which there is a plethora of.

 

[Dave Braine]

I make videos of my niece riding her horse in competitions. Use music with them. I use Vimeo to put them on line as they very rarely pull them for copyright. YouTube and Facebook usually do.

 

[apple_unreal]

"Is it true that even if the video is demonitized and my expected viewership over the next 10 years is 10 people that the videos will be automatically tagged as infringing the copyright of the songs and that the video or my account will be penalized in some way?"

I am YouTube Certified. The answer is no. You will receive a message that you have a copyright infringement and the songs belongs to X. That your vide will not be affected and you can still using the song but all revenue (if you ever pass 1000 views) will go to X.

It all depends as well what sort of restrictions X applied to the song. But it is an automatic process, the same message will apear on anybody using the song. You could appeal as well for Y or Z reason. If the conflict keeps going, someone from youtube will intervene.

 

[Dave Braine]

I once uploaded a video that had birds singing in the background. YouTube pulled it for copyright.