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5 seconds music of the radio in the car?

Discussion in 'Copyright, Claims, Strikes & Legal Discussion' started by AngelaC, Sep 29, 2017.

  1. AngelaC
    New Member
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    Hi there!

    I was wondering how so many youtubers can use copyrighted music? Example: driving in the car and singing along with the radio for a couple of seconds. Or going to a bar and in the background there is music.
    How can they use it without getting in trouble?
    I thought you are not allowed to use any copyrighted music whatsoever.

    Thanks!
     
  2. EVO
    EVO
    I Love YTtalk
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    You are not allowed to use it. The videos you speak of will eventually get flagged or if you are 'lucky' you may get away with it. Its not a risk I take.
     
  3. AngelaC
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    yeah, thats what I though too.. But then so many big youtubers, especially vloggers are still doing that..
     
  4. satiricals
    I've Got It
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    There are some incidents where copyrighted works appearing in your piece are legally okay. I can't remember the specific term but I'll use an anecdote one of my former classmates went through.

    He was doing this documentary on glass blowing. It was a student film so he was gracious just being granted the opportunity to bring his equipment in and film. The glass blowers liked having the radio play on their sound system as they were working. So some of the footage had copyrighted music in the background. It was FAIR to USE because it was a no budget student film; thus there was no expectation for him to have control over that. It isn't a focus of the clip either so that plays into as a factor.

    Now if you were a professional production and you were paying for the rights to film somewhere; there would be some expectation to have control & turn the radio off. The copyright court rooms would more likely find the creator of the documentary guilty of copyright infringement.

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    So you got to ask yourself if it's a focus of your film. If you're making a vlog and you choose to sing along to a copyrighted song then you're choosing to focus that song into the piece. Therefore you need permission to have that bit in your video.

    If you're filming you and your buddies at the skate park & some stranger has a portable speaker playing copyrighted music then that may be fair to use SINCE you have no control to make him turn it off. You are just filming in a public place where a stranger happens to play music.

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    If you want to split hairs this way then I suggest looking up the official jargon I can't recall at the moment. The content ID system may flag your video when you actually have full right to show it in that incident.
     

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