copyrighted music in the background

[Cristy Ella]

I'm a PT and have a fitness channel set up for my channel. If I take progress videos of clients (say 15 seconds or so) would there be any copyright issues with the videos? The gym plays music in the background. From what I understand copyright material can be used in small amounts but whats the rules with having the whole video have the sound in the back? I plan to keep them less then 15 seconds for advertising and progress record reasons.

 

[markkaz]

Your understanding is not correct. The amount of time is not necessarily a determining factor in what is allowed or not.

YouTube can detect as little as a few seconds. You can search the YouTube Audio Library to see what would happen if they detect the song.

https://www.youtube.com/audiolibrary/music

 

[Cristy Ella]

that just seems to be songs you can use, not songs that may play in the background of a video

 

[The NotARubicon!]

YouTube's ContentID system can, will, and often does detect incidental background music. If ContentID picks up music in the background and flags it, the copyright owner may choose to monetize the video, may do nothing, or may force you to take it down/disable the audio.
You can appeal this and either show that you have legal right to use the music either by proving you have a license, or proving its 'fair use' (or whatever) .. good luck with that last one because basically, it wont happen - if you you appeal, and lose that appeal, you get a strike.. 3 strikes (in whatever the allowed time period is) and your are OUT.

It will probably be less hassle to just turn down the audio while editing so the background music isn't audible.

THIS is the link to check the copyright status of songs: https://www.youtube.com/music_policies

 

[Cristy Ella]

Would it make a difference if I am not monitizing? We use spotify so we dont really know whats playing.

 

[The NotARubicon!]

Would it make a difference if I am not monitizing? We use spotify so we dont really know whats playing.

No. ContentID will still scan the video and may still detect the music regardless of whether or not you monetize it.

Bear in mind that most ContentID hits don't count against you. you dont get in any trouble and it does not affect your channel. Usually the copyright owner just puts ads on your video which you may, or may not care about. Some may not allow the video to be shown in certain countries (that you probably dont care about).. It's only a few copyright holders that will force to remove the audio (or delete the video).

But, what's the big deal about just turning down the audio? Do you also have dialog? If not, just turn down the audio and overlay our own copyright-free music, or just keep it silent ??

 

[UKHypnotist]

@Cristy Ella Hello again! You wouldn't only have problems with the background music here. As you are filming people whose faces might be recognizable, there are also publicity rights issues to be dealt with. I suggest you both ask the clients' permission to film, and download and print off a model release form for each person you film to fill in and sign. Without that documentation, YouTube could easily strike such a video for Community Guidelines on the basis of violation of your clients' privacy rights unless you can prove publicity rights via model releases.

(As a PT, this would also be the ethical thing to do.)

Hope this helps!

 

[Cristy Ella]

@Cristy Ella Hello again! You wouldn't only have problems with the background music here. As you are filming people whose faces might be recognizable, there are also publicity rights issues to be dealt with. I suggest you both ask the clients' permission to film, and download and print off a model release form for each person you film to fill in and sign. Without that documentation, YouTube could easily strike such a video for Community Guidelines on the basis of violation of your clients' privacy rights unless you can prove publicity rights via model releases.

(As a PT, this would also be the ethical thing to do.)

Hope this helps!

My clients who are fine with being filmed all sign a permission form when we have our first consultation. The ones who don't won't get filmed.[DOUBLEPOST=1496919944,1496919793][/DOUBLEPOST]

No. ContentID will still scan the video and may still detect the music regardless of whether or not you monetize it.

Bear in mind that most ContentID hits don't count against you. you dont get in any trouble and it does not affect your channel. Usually the copyright owner just puts ads on your video which you may, or may not care about. Some may not allow the video to be shown in certain countries (that you probably dont care about).. It's only a few copyright holders that will force to remove the audio (or delete the video).

But, what's the big deal about just turning down the audio? Do you also have dialog? If not, just turn down the audio and overlay our own copyright-free music, or just keep it silent ??

I feel a demonstration of cues etc is important for the videos so viewers can see what I'm changing in the clients position.

 

[Idec Sdawkminn]

In addition to all that was said, there is a strong case for fair use if the copyrighted content is incidental to what you are filming and also largely beyond your control. That's not to say that it won't be picked up by Content-ID and that the copyright owners won't reject disputes on the basis of that. So while there is a strong case legally that it would be fair use, that would likely only matter if one of them took you to court over it. You'd still have to put up with YouTube's system that makes it easier for copyright owners to claim videos automatically and in bulk.

 

[Cristy Ella]

I see. So if I contested then I would have a strong case? It would just be an annoyance.