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Dancers FAIR USE

Discussion in 'Copyright, Claims, Strikes & Legal Discussion' started by ThisisJericho, Oct 8, 2017.

  1. ThisisJericho
    Well-Known Member
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    Anyone a dancer, choreographer, or performer here? I want to ask how do you fair use your dance playing with a popular song without getting a copyright strike. I see some youtubers doing this, but not sure if they are monetizing. If anyone experience this before, please help
     
  2. Wreckless Eating
    YouTube Space LA Alumni
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    Most of the time it won’t fall under fair use. They simply allow the video to get claimed by the song publisher and they go without any as revenue because the claimant will receive all the money.
     
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  3. offbeatbryce
    I Love YTtalk
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    As far as I know dancing should be fair use. A dancer is essentially commenting and critiquing the song via their own interpretation.
     
  4. Wreckless Eating
    YouTube Space LA Alumni
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    True but if the artist of the song has a music video with the same dance moves, it won’t be covered under fair use since the dancer isn’t technivpcally creating something new. So it’s a gray area and one that a lot of choreographers don’t like to mess with. There was a popular choreographer in my alumni class at youtube Space and he didn’t claim fair use because it was too risky, but he had to use recent popular music to get work, so he just let the music labels claim his videos.
     
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  5. Shakycow
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    Except that a video showing a dancer and playing the full song would be in clear violation of 2 of the fair use requirements:
    • the amount and substantiality of the portion taken, and
    • the effect of the use upon the potential market.

    The video would (more than) likely present the song in it's entirety and, by watching the video, one would have no reason to purchase the song or visit the right owner's video.
     

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