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How to "Licensing Music"

Discussion in 'Video Production' started by ProfKranc, Jul 29, 2014.

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    In regards to licensing music from artists in any country, the first person you have to get in contact with is the artist as they will most likely have the licence for the song. If they don't, it will probably be the label they worked under at the time. For any anime, film, video game etc. the song is licensed to the artist, but the production has been given permission to do so, usually by a contract with royalties.
    ______________________________________________________

    LONG a** ANSWER

    Putting them into monetised youtube videos or corporate productions is the same thing.
    Honestly..... It is very very very difficult. Usually if you ever see a big youtuber used a very popular song in their videos (for example: Wrecking Ball Omegle), they don't have the video monetised. And even if it isn't, Youtube have to have a reason not to take it down. In this case, it brought millions of views to the website. Either that, or they have very cheekily monetised the content.

    If the music is being used as part of a review or educational purposes, you can rule this usage under the Fair Use Act. This act allows the usage of certain properties/ productions without gaining the permission from the copyright holder for things such as: commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving, sholarship, etc.
    This is why you will see popular anime reviewers like GRArkada use anime music in his videos and not get a copyright strike.
    However, even with this, its still a risky zone as people still take these videos down and the youtube copyright bot sometimes takes them down mistakenly (which can be repealed). That's why when you review things, its good to have some sort of partnership or permission from people within the industry of the product you are reviewing.

    However, despite it being very very unlikely that you would ever be able to get this permission to use in your monetised videos excluding the usages listed above, I will take you through a simplified process of getting a song licence.

    HOW TO LICENCE A SONG

    1: Find the song that you like. Then find out who is the copyright holders. If it is a song from most western civilisation (UK/USA) then try and get in touch with the MPA (music publishers association) and they will be able to send you in the right direction.

    2: Send a mail asking for a usuage liscence. Make sure to describe EXACTLY what you are going to use it for and any future potential uses. Also advise of any profit you will make on the production and where it will go.

    3: If they believe this is worth their time, they will send back a counter offer with any sort of royalties and payment they would expect in return. You would then go back and forth until you have sorted out an offer that is satisfactory for both parties. This will then be written out in contract form by lawyers representing both parties and then all will sign.

    4: Done, you will have your song and everyone will be happy.

    (Added by nb001)
    "One thing to add.....
    Another aspect of copyrights specific to recorded music, is that there are 2 separate copyrights that need to be cleared: the copyright on the composition and the copyright on the sound recording. When it comes to licensing a recorded song, permission would need to be granted from both owners, which in a lot of cases with mainstream music would be publishers/composers and a record label. In the case of a theme song, the production company or network may hold both, or they may have licensed the song as well. You could always reach out to the production company and see if that's the case. As you can see, with all the back and forth this is why royalty free libraries are so convenient. They take care of everything in one swoop.

    lastly, If one was wanting to not use the original recording and instead perform the theme song themselves, permission would still need to be obtained but only from the composition's copyright holder.

    P.S. Here are some articles if you want to geek out more on copyright!


    "

    In regards to Japaneese songs, I have no idea. If you are going to use a song from an anime, it MUST be a fan or non-profit production. Because unless you get the license, if the video gets popular enough and the copyright holders don't like it or the way their song is being used, then they will take it down and you will get a copyright strike.

    SHORT a** ANSWER
    Don't use copyrighted music unless its for review or educational purposes. If you want to take a risk, only for absolutely non-profit. Make it simple and use stuff you can easily get the licence for (everything listed in the main post).

    EXAMPLE OF THE DANGERS OF NON-LICENSE USE

    Look at the 2014 case of Michelle Phan. She was a youtuber who did make up tutorials and had popular music in the background of her videos. She didn't get the rights and years later after she became really popular, ULTRA Records (includes contracts with DeadMouse, Calvin Harris, etc.) sued her for up to $150,000 for each copyrighted song found in her videos. So far they have found 15. Which means she may be paying up to $22.5 million.

    Hope this helps :)[/QUOTE]


    can you use a song you paid for on iTunes and monetise the video?
     
  2. ProfKranc
    Voice actor and Film-maker here to help :-D
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    No, no you can't. Buying a song on Itunes is buying the song legally so you can listen to it. It doesn't give you the licence to use in any way. Read the article and you can try and get it.
    But my advise is just to use stock music you can find in the list I have linked to.

    Getting a licence is way too expensive for someone who wants to just monetise a video. If you are desperate to get a song from an artist, try places like bandcamp and soundcloud. They have some artists providing licences with their albums.

    DON'T USE A SONG FROM ITUNES AND MONETISE IT. That isn't how it works.

    Hope this helps :)
     
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    grea
    great thank you and such a shame as i found a load of music i was going to purchase which would have fitted my vids perfectly. back to square one. i think the music on youtube is limited and not always suitable for my vids. i will follow the links you provided and check the music out there
     
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  4. Natasha Morgan
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    Frustrating isn't it - especially as so many Youtubers seem to feature famous songs in their videos without seeming to be big enough to have sought permission and consequently benefit from more views. I definitely would not want to risk any strikes now, and I'm not big enough yet, to make it worthwhile going through the legal back and forth. I'd like to use a popular song to teach grammar rules and endings.
     
  5. ProfKranc
    Voice actor and Film-maker here to help :-D
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    The best thing about being as big as the big youtubers are is because they can guarantee publicity. And as much as it is the case that sometimes they do have to pay royalties, it means free advertising to their audience. While if they know the production may stay small, they will think "I need to milk this, cause I'm not getting anything else out of this".

    Its frustrating, but in the end, there isn't much we can do. But be sure to check out the large Royalty free music sites list I compiled a while ago. I will have almost everything you will need:

    http://yttalk.com/threads/list-of-royalty-free-music-sites.107883/
     
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  6. Natasha Morgan
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    Hmm, I guess so. Thanks @ProfKranc . Just gotta chug along that road a wee longer! I will look at the post you compiled. Thanks :)
     
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  7. johnvicky
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    ok thank for website
     

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