offbeatbryce
I Love YTtalk
I just got done talking to an intellectual property lawyer who specializes in copyright law over as justanswer.com
He told me that YouTube pays a license to allow cover songs and sound recordings and you follow the policy given by YouTube you are are legally allowed to upload copyrighted content.
I have posted a few screenshots of the discussion with the lawyer as well as a blog post from the YouTube Creator Blog that confirms this.
Links
Here is the links to the blog post and discussion with the lawyer. More in depth info is below with instructions as to how YouTube works with Parody etc.
I'm hoping some lawyer who knows copyright really well can help m...
Setting the Record Straight
Also here is a FAQ posted by Kobalt Music Publishing that goes over content ID and covers and sound recordings which is all similar to other music companies.
http://www.kobaltmusic.com/page-youtube-licensing-faq.php
YOUTUBE Explanation
Here is what happens when you upload a song.
Covers and Sound Recordings
1. When you upload either a Cover song or Sound Recording Content ID detects it.
2. YouTube to pay a license once you confirm you have used the copyrighted content
3. The agreement issued by YouTube and the copyright owners will most likely remain unless you didn't follow the policy.
MORE about Covers
You can only share in revenue with cover songs via YouTube if you create the cover music yourself. It can sound similar to the existing song but it must be your own recording. You can't use a backing track.
If you change the lyrics or melody so it's a derivate work you might need permission (which I suggest seeking permission anyway for lyric and melody changes) See Parody below
How to follow the policy.
go here https://www.youtube.com/music_policies to look up the current policy for the song you want to use. It will tell you what the restrictions are. Some songs are available world wide and others aren't.
Some you can monetize to share in revenue with (at this point covers only)
Parody (gets tricky)
A 100 percent true parody is fair use. This is when you comment on the original source material. This is fair use and you have to right to dispute the content ID third party claim. NOTE: A judge can only determine fair use so if you are 100 percent sure your video is fair use you can dispute it. If you aren't then either don't upload the video or ask a lawyer first. Generally though lyric changes aren't covered by YouTubes Agreements.
SATIRE
If you have changed the words to a song that are not about the original source material of what you are using it's called SATIRE.
Satire is not fair use and this is deemed as derivative. YOUTUBE does not pay a license agreement for derivative works. Derivative works need to be pre approved with the original copyright owners and song writers and publishers before you upload to YouTube.
Example of Fair Use is "Smalls Like Nirvana" by "Weird Al" Yankovic. He's commenting on Nirvana (original source material)
Example of Satire "Eat It" by "Weird Al" Yankovic" Because Al is talking about eating food to the tune of "Beat it" by Michael Jackson this is why it's a satire as it does not mention Michael Jackson or anything original in the song.
I hope I have helped you to understand what you can and can't do on YouTube.
I've noticed many videos that get a strike are satires that people think are parodies. Even mashups gets taken down if they don't comment on the original source.
As a Side Note: If you want a bigger library of songs to choose from for covers to monetize join the YouTube Network We Are The Hits. Once you Join them you are allowed to use both YouTube's and We Are The Hits selection of music simultaneously. I manage a few musicians and have set them up on We Are The Hits
He told me that YouTube pays a license to allow cover songs and sound recordings and you follow the policy given by YouTube you are are legally allowed to upload copyrighted content.
I have posted a few screenshots of the discussion with the lawyer as well as a blog post from the YouTube Creator Blog that confirms this.
Links
Here is the links to the blog post and discussion with the lawyer. More in depth info is below with instructions as to how YouTube works with Parody etc.
I'm hoping some lawyer who knows copyright really well can help m...
Setting the Record Straight
Also here is a FAQ posted by Kobalt Music Publishing that goes over content ID and covers and sound recordings which is all similar to other music companies.
http://www.kobaltmusic.com/page-youtube-licensing-faq.php
YOUTUBE Explanation
Here is what happens when you upload a song.
Covers and Sound Recordings
1. When you upload either a Cover song or Sound Recording Content ID detects it.
2. YouTube to pay a license once you confirm you have used the copyrighted content
3. The agreement issued by YouTube and the copyright owners will most likely remain unless you didn't follow the policy.
MORE about Covers
You can only share in revenue with cover songs via YouTube if you create the cover music yourself. It can sound similar to the existing song but it must be your own recording. You can't use a backing track.
If you change the lyrics or melody so it's a derivate work you might need permission (which I suggest seeking permission anyway for lyric and melody changes) See Parody below
How to follow the policy.
go here https://www.youtube.com/music_policies to look up the current policy for the song you want to use. It will tell you what the restrictions are. Some songs are available world wide and others aren't.
Some you can monetize to share in revenue with (at this point covers only)
Parody (gets tricky)
A 100 percent true parody is fair use. This is when you comment on the original source material. This is fair use and you have to right to dispute the content ID third party claim. NOTE: A judge can only determine fair use so if you are 100 percent sure your video is fair use you can dispute it. If you aren't then either don't upload the video or ask a lawyer first. Generally though lyric changes aren't covered by YouTubes Agreements.
SATIRE
If you have changed the words to a song that are not about the original source material of what you are using it's called SATIRE.
Satire is not fair use and this is deemed as derivative. YOUTUBE does not pay a license agreement for derivative works. Derivative works need to be pre approved with the original copyright owners and song writers and publishers before you upload to YouTube.
Example of Fair Use is "Smalls Like Nirvana" by "Weird Al" Yankovic. He's commenting on Nirvana (original source material)
Example of Satire "Eat It" by "Weird Al" Yankovic" Because Al is talking about eating food to the tune of "Beat it" by Michael Jackson this is why it's a satire as it does not mention Michael Jackson or anything original in the song.
I hope I have helped you to understand what you can and can't do on YouTube.
I've noticed many videos that get a strike are satires that people think are parodies. Even mashups gets taken down if they don't comment on the original source.
As a Side Note: If you want a bigger library of songs to choose from for covers to monetize join the YouTube Network We Are The Hits. Once you Join them you are allowed to use both YouTube's and We Are The Hits selection of music simultaneously. I manage a few musicians and have set them up on We Are The Hits
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