Youtube copyrights

Tim Robbins

I made a video of friends and family and used a track from Rone - the French electronic music wizard. I gave him credit for it at the end of the video.

I don't expect to get more than 100 hits. But anyway, youtube won't let me use it.

I was looking for his email to ask him personally could I use it but can't get it anywhere. I would argue if anything my video promotes his music. It is not profit making or anything.

Any ideas?

old gregg

I'd say you are right in everything except that you used his music prior to being given permission. That sort of makes it theft.

Tim Robbins

old gregg wrote: »

I'd say you are right in everything except that you used his music prior to being given permission. That sort of makes it theft.

If I played the song when friends call around to the house is it also theft?

I am not making any money out of this video. IT is purely for friends and family.

mordeith

Tim Robbins wrote: »

If I played the song when friends call around to the house is it also theft?

I am not making any money out of this video. IT is purely for friends and family.

YouTube seems to have fairly strict policies with regard to using officially released music and this even seems to vary from country to country. I don't think the reason you're using it makes any difference. It's basically a version of the public broadcast regulation I imagine. Weird thing is I uploaded a 30 second clip from the film 'Uncle Buck' about two years ago and YouTube blocked it. Fair enough, I thought. I didn't delete it or anything and then about three months ago it was cleared for use .

Tim Robbins

mordeith wrote: »

YouTube seems to have fairly strict policies with regard to using officially released music and this even seems to vary from country to country. I don't think the reason you're using it makes any difference. It's basically a version of the public broadcast regulation I imagine. Weird thing is I uploaded a 30 second clip from the film 'Uncle Buck' about two years ago and YouTube blocked it. Fair enough, I thought. I didn't delete it or anything and then about three months ago it was cleared for use .

It has really put me off youtube. If I was trying to make money from the video, well then understandable. In fact, if anything I was promoting the song - which can hear anyway on youtube.

ghostdancer

what your intent is is really a moot point, you don't have the right to use that piece of music, so in Youtube, the record labels, and often the artist's eyes, you shouldn't be putting it up on Youtube.

Youtube can hardly be going around gauging the intent of each video using copyrighted music.

Tim Robbins

ghostdancer wrote: »

Youtube can hardly be going around gauging the intent of each video using copyrighted music.

Of course it can.

That's what community based websites do.

For other videos I have used music for, it puts links up to iTunes so you can buy the song. That seems fairer.

Tim Robbins

Does anyone know a similar based site that I could put this video on?

ghostdancer

Tim Robbins wrote: »

Of course it can.

That's what community based websites do.

For other videos I have used music for, it puts links up to iTunes so you can buy the song. That seems fairer.

no it can't, don't be ridiculous. do you have any idea how many videos are uploaded to youtube every day?
it would take armies of people to do ti, not to mention how are they to ascertain if your intent seems "fair"?

if i upload an unreleased track by an artist with their picture in the background, is that fair "promotion"?

what about if someone uploads every track from a soon to be released album and claims that they're doing it to "promote" the artist?

that's leaving aside the wishes of those who control the rights to the music.

ghostdancer

Tim Robbins wrote: »

Does anyone know a similar based site that I could put this video on?

Vimeo is used a lot.

Tim Robbins

ghostdancer wrote: »

no it can't, don't be ridiculous. do you have any idea how many videos are uploaded to youtube every day?
it would take armies of people to do ti, not to mention how are they to ascertain if your intent seems "fair"?

It would be an automated process which gave final say to the musician.

old gregg

Tim, you are taking something that does not belong to you regardless of why you are taking it. It's the same as if you stole a car to bring it to the car wash. The owner might appreciate having a cleaner car but that's not the point.

ghostdancer

Tim Robbins wrote: »

It would be an automated process which gave final say to the musician.

well for a start, often the artist doesn't own the copyright, so giving them the final say is pointless, as it's not their right to give it.

secondly, you can't automate determining the intent of someone's video, unless we're in some world where computers think logically and use judgement like humans, and no-one told me.....

frozenfrozen

I've had a few things flagged, I always reply with a well worded explanation that there will be no monetary gain for me or loss for the artist and that the track has undergone compression which irreversibly damaged the fidelity of the copy of the track, thus making it implausible that a person would use the copy at hand to replace a paid for version of the track, and that it is fair use of the track seeing as the track is not featured in it's entirety and that it is being used for educational or otherwise non-professional video.... Works every time, and to be fair, all of it is true.

Tim Robbins

frozenfrozen wrote: »

I've had a few things flagged, I always reply with a well worded explanation that there will be no monetary gain for me or loss for the artist and that the track has undergone compression which irreversibly damaged the fidelity of the copy of the track, thus making it implausible that a person would use the copy at hand to replace a paid for version of the track, and that it is fair use of the track seeing as the track is not featured in it's entirety and that it is being used for educational or otherwise non-professional video.... Works every time, and to be fair, all of it is true.

Who do you reply to?

My video was actually muted.

frozenfrozen

Tim Robbins wrote: »

Who do you reply to?

My video was actually muted.

There's always a dispute link to click next to the videos which become flagged for me.

BaZmO*

Tim Robbins wrote: »

It has really put me off youtube. If I was trying to make money from the video, well then understandable. In fact, if anything I was promoting the song - which can hear anyway on youtube.

Are YouTube not technically making money from your upload? I'd imagine that'd make it quite a grey area. Fair enough if the artist or copyright holder puts it up, they are then doing it knowing the terms and conditions that apply. You doing it on the the other hand, is theft.