Background Music

[TheOfficialDarren]

So, let's say we pull off "I knew you were trouble" by Taylor Swift and use it VERY low in the background for some music. What would happen? Would we get a warning strike? Will someone explain the process?

 

[GygaSHIFT]

I use Robbie Williams in my videos all the time and I get nothing. If you mix it in with your video at a low level I think it technically counts as a new piece of content because you're mixing it in with your own content. Is that in the fair use act? I can't remember. Somebody correct me.

 

[Stike96]

I use Robbie Williams in my videos all the time and I get nothing. If you mix it in with your video at a low level I think it technically counts as a new piece of content because you're mixing it in with your own content. Is that in the fair use act? I can't remember. Somebody correct me.

I don't think it is really legal, it is probably that is it is too quiet and mixed with the other sounds in your video for Youtube to catch. I am not an expert though so may be wrong.

 

[Video Game Cinema]

I've used Instrumental Version of Popular songs in my Videos before. I've never got a Content ID or Copyright Strike on any Video I've done that in. But, it was pretty quite, so maybe YouTube couldn't catch it...

 

[Gabriel]

Usually Content ID will find it regardless. I recommend just using a royalty free track or purchase a licence to one song you really like that you can use over and over with no hassle.

 

[Tarmack]

I use Robbie Williams in my videos all the time and I get nothing. If you mix it in with your video at a low level I think it technically counts as a new piece of content because you're mixing it in with your own content. Is that in the fair use act? I can't remember. Somebody correct me.

The reason it gets by the ContentID system isn't because it's ok to use at a low volume, it's because it doesn't meet the ContentID threshold for variance from the source recording. In short, the computer isn't yet smart enough to recognize that it's a match. It has nothing to do with fair use, though there are provisions in fair use for the amount and degree of content used, it wouldn't apply to background music save for in cases where extremely short durations occurred.

Same reason the audio removal tool doesn't actually remove the track (which is nigh impossible as any audio technician will tell you) but just dramatically reduces it's volume.

 

[Mithril]

So, let's say we pull off "I knew you were trouble" by Taylor Swift and use it VERY low in the background for some music. What would happen? Would we get a warning strike? Will someone explain the process?

Using the original music, unchanged, is definitely not protected under fair use. Just use some original music or find a free royalty free track.

 

[Mithril]

Covers and parodies are only sometimes protected under fair use and ONLY IF they make their own backing track and use no elements from the original sound other than the notes recreated by then and the vocals also recreated by them. The recording of the music is protected.

 

[DJzubon]

Well with background music, YouTube will file for copyright acknowledgement on the video even if it is playing lowly in the background, the original artist and label still has intellectual property rights even though you may of brought the song, it is essentially under the broadcast & playback laws.

All you have to do is not monitize the video and click on the claim and acknowledge the copyright and you will be fine, but you will make no money on the video at all.

Curiously I have made content using YouTube Capture on my Phone, using copyright free music from YouTube itself and have to file claims that I have the intellectual rights to my own video content with them, I have been waiting some weeks for them to acknowledge the video content claim for monetization.