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Parody Is Fair Use, Satire Is Not

ytparodyrap

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I hope you're aware that three copyright takedowns will terminate your channel; so I wouldn't act so complacent about the possibility.
Once a channel is terminated, its owner is banned from YouTube for life; and prohibited from owning, accessing or creating any further channels. If the banned owner has multiple channels or accounts, each will be found and terminated eventually.

You'd therefore be much better off licensing your backing tracks.
There's hundreds of other channels that do it, so why should I be targeted? Honestly, getting banned from YouTube for life? Has that ever happened?
I have copyright infringement on three of my videos, so shut me down already.
The thing is my whole account is based off creating parodies. If I can't create them and use the background music of other artists, then what's the point of me having a YouTube?
Honestly though, if they want a witch hunt then get the other millions who do it. What's wrong with this world today is small minded people who limit creativity because I used their background music to do something creative and unrelated.
 

UKHypnotist

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There's hundreds of other channels that do it, so why should I be targeted? Honestly, getting banned from YouTube for life? Has that ever happened?
I have copyright infringement on three of my videos, so shut me down already.
The thing is my whole account is based off creating parodies. If I can't create them and use the background music of other artists, then what's the point of me having a YouTube?
Honestly though, if they want a witch hunt then get the other millions who do it. What's wrong with this world today is small minded people who limit creativity because I used their background music to do something creative and unrelated.
Just because "everybody else is doing it" doesn't make it right that you should break International Copyright Law. "Everybody else is doing it" has never been a valid defence. Ask any lawyer.

I strongly suggest that you search the pinned threads in this forum section for a post titled "The Responsibilities Of An Internet Broadcaster", which I wrote a year or two ago. Then search for an unpinned but "hot" post with many replies titled "If You Deliberately Choose To Use Copyright Media On YouTube."

YouTube has finally woken up and started to enforce its rules where copyright is concerned; and channels are terminated daily for breaking these rules, as well as Community Guidelines violations.

In the face of this knowledge you have two clear choices: 1. Continue the way you are currently producing content; "looking over your shoulder" every time you post and hoping your channel lives to present another day. 2. Obey International Copyright Law and properly license the media you use to produce content. Please read the following items taken directly from YouTube's Terms Of Service page.

"1.1 Your use of the YouTube website (the "Website") and any YouTube products, channels, software, data feeds and services, including the YouTube embeddable video player (the "YouTube Player") provided to you on or from or through the Website by YouTube (collectively the "Service") is subject to the terms of a legal agreement between you and YouTube. "YouTube" means YouTube LLC, whose principal place of business is at 901 Cherry Avenue, San Bruno, CA 94066, United States."

This means that when you create a YouTube channel, that channel is subject to the YouTube Terms Of Service, which is a legal agreement enforceable either by YouTube on its site, or if necessary, in a court of law.

"1.3 The Terms form a legally binding agreement between you and YouTube in relation to your use of the Service. It is important that you take the time to read them carefully."

Most people don't do this; then whine and moan when they violate the rules and find themselves banned from YouTube for life.

"7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. YouTube does not endorse any Content or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content.

7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable YouTube to use your Content for the purposes of the provision of the Service by YouTube, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant YouTube the licence referred to in paragraph 8.1 below.

6.2 As part of YouTube's copyright policy, YouTube will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice."

As you don't have the necessary licenses, rights, consents and permissions, you have basically presented a legal lie to YouTube in the form of your channel's videos. This is called Perjury, and is punishable by law. You therefore won't be surprised or upset if/when you end up with a terminated channel and a lifetime ban; will you? According to section 6.2, your channel is living on borrowed time already.

Yes channel terminations on the grounds of copyright do happen; and to hundreds to thousands of channel owners per day. Google "YouTube Help Forum"; go to that forum and just look at the threads posted in the last week to see how many have come looking to get people who have no power within the YouTube Admin system to try and get a termination overturned; usually after the only appeal chance they had, failed.

YouTube has also started to enforce the lifetime ban; so you should look for threads where people say that every time they start a new channel it gets terminated, or they get the error message: "Cannot create new channel due to past channel issues".
 
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ytparodyrap

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Just because "everybody else is doing it" doesn't make it right that you should break International Copyright Law. "Everybody else is doing it" has never been a valid defence. Ask any lawyer.

I strongly suggest that you search the pinned threads in this forum section for a post titled "The Responsibilities Of An Internet Broadcaster", which I wrote a year or two ago. Then search for an unpinned but "hot" post with many replies titled "If You Deliberately Choose To Use Copyright Media On YouTube."

YouTube has finally woken up and started to enforce its rules where copyright is concerned; and channels are terminated daily for breaking these rules, as well as Community Guidelines violations.

In the face of this knowledge you have two clear choices: 1. Continue the way you are currently producing content; "looking over your shoulder" every time you post and hoping your channel lives to present another day. 2. Obey International Copyright Law and properly license the media you use to produce content. Please read the following items taken directly from YouTube's Terms Of Service page.

"1.1 Your use of the YouTube website (the "Website") and any YouTube products, channels, software, data feeds and services, including the YouTube embeddable video player (the "YouTube Player") provided to you on or from or through the Website by YouTube (collectively the "Service") is subject to the terms of a legal agreement between you and YouTube. "YouTube" means YouTube LLC, whose principal place of business is at 901 Cherry Avenue, San Bruno, CA 94066, United States."

This means that when you create a YouTube channel, that channel is subject to the YouTube Terms Of Service, which is a legal agreement enforceable either by YouTube on its site, or if necessary, in a court of law.

"1.3 The Terms form a legally binding agreement between you and YouTube in relation to your use of the Service. It is important that you take the time to read them carefully."

Most people don't do this; then whine and moan when they violate the rules and find themselves banned from YouTube for life.

"7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. YouTube does not endorse any Content or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content.

7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable YouTube to use your Content for the purposes of the provision of the Service by YouTube, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant YouTube the licence referred to in paragraph 8.1 below.

6.2 As part of YouTube's copyright policy, YouTube will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice."

As you don't have the necessary licenses, rights, consents and permissions, you have basically presented a legal lie to YouTube in the form of your channel's videos. This is called Perjury, and is punishable by law. You therefore won't be surprised or upset if/when you end up with a terminated channel and a lifetime ban; will you? According to section 6.2, your channel is living on borrowed time already.

Yes channel terminations on the grounds of copyright do happen; and to hundreds to thousands of channel owners per day. Google "YouTube Help Forum"; go to that forum and just look at the threads posted in the last week to see how many have come looking to get people who have no power within the YouTube Admin system to try and get a termination overturned; usually after the only appeal chance they had, failed.

YouTube has also started to enforce the lifetime ban; so you should look for threads where people say that every time they start a new channel it gets terminated, or they get the error message: "Cannot create new channel due to past channel issues".
I've been told by Youtube I reach copyright infringement but that there's nothing else I need to do because it's not severe enough or something along those lines. When Youtube tells me that specifically, I don't worry.

Honestly, it's like making a mountain out of a mole hill.

And just so you know, I don't do it because others do it, I do it because my videos NEED it. Literally my whole channel, whole youtube career is based off parodies/satire of some sort. Without it, my whole channel is gone anyway.

Youtube has recognized my status but says the copyright claim is not an issue. I'm not worried. Tons of others do it, other websites do it and taking every video off will stifle creativity. Honestly, youtube has told me the infringement I've reached needs no further action, I just reached third party content. When I get a real warning, maybe I'll do something about it, but no need to make a mountain out of a mole hill and stifle my creative vision.

You take away music from youtube due to copyright infringement, then you take away 2/3 of Youtube. I doubt that happens.
 

UKHypnotist

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Why did you even post to the thread then?

I have said all I can on this subject. The ball is in your court now, as you've obviously decided on Choice 1. I'd like one answer from you before I leave this thread however.

Why aren't you willing to license the music you use?
 

ytparodyrap

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Why did you even post to the thread then?

I have said all I can on this subject. The ball is in your court now, as you've obviously decided on Choice 1. I'd like one answer from you before I leave this thread however.

Why aren't you willing to license the music you use?
I entered this thread because I wanted to see the difference between a parody and a satire as it had to do with all of my videos. Not necessarily the copyrighting aspect. You helped me to understand this, which I appreciate, if it is indeed a true comparison.

Licensing music requires money from what I understand (unless there's a short version of why it wouldn't). I'm neither looking to pay nor asking for money in return.
 

ytparodyrap

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But one question I may ask you: How can Youtube essentially "ban" me if they post directly on my videos "we're not penalizing you for copyrighted material"?

Sorry, it would not let me edit my last post...
 

UKHypnotist

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But one question I may ask you: How can Youtube essentially "ban" me if they post directly on my videos "we're not penalizing you for copyrighted material"?

Sorry, it would not let me edit my last post...
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant YouTube the licence referred to in paragraph 8.1 below.

6.2 As part of YouTube's copyright policy, YouTube will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice."
With these two clauses quoted above (in spite of the fact that YouTube has initially said your channel is not in danger), YouTube has (but may or may not choose to exercise) the right to terminate your channel.

If they choose to exercise the right, the termination will most likely be reasoned as a Terms Of Service violation, unless somehow your Content ID claims turn into actual strikes. You must note and remember that a copyright holder can choose to change the way their rights are exercised against YouTube's user created content at any time.

If you don't want to spend money to keep your channel legal (something I myself have done many times over the years), your only choice would be to write to the rights holders and ask for formal permission to use their content without paying for it. If these are major productions by notable artists attached to record labels, your chance of success is slim. This is because such artists and composers are entitled to payments known as "synch licensing fees" and "Performance Royalties" every time their music is viewed/heard by the public; whether it is the artist's own production, a cover, or a satirical rewrite by a different artist.

I can state all of the above with confidence. I've been doing Digital Audio Distribution in one form or another since 2001; and last year I formally founded my own Record Label. I simultaneously joined the Performance Rights Organization PPL UK; so I know how the rights of music artists are protected so they can be properly compensated for their work.

To check my truthfulness, simply Google Hypnotic Mindscapes Records; noting that my label has no relationship to Toronto's artist cadre Hypnotic Mindscapes.
 
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ytparodyrap

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With these two clauses quoted above (in spite of the fact that YouTube has initially said your channel is not in danger), YouTube has (but may or may not choose to exercise) the right to terminate your channel.

If they choose to exercise the right, the termination will most likely be reasoned as a Terms Of Service violation, unless somehow your Content ID claims turn into actual strikes. You must note and remember that a copyright holder can choose to change the way their rights are exercised against YouTube's user created content at any time.

If you don't want to spend money to keep your channel legal (something I myself have done many times over the years), your only choice would be to write to the rights holders and ask for formal permission to use their content without paying for it. If these are major productions by notable artists attached to record labels, your chance of success is slim. This is because such artists and composers are entitled to payments known as "synch licensing fees" and "Performance Royalties" every time their music is viewed/heard by the public; whether it is the artist's own production, a cover, or a satirical rewrite by a different artist.

I can state all of the above with confidence. I've been doing Digital Audio Distribution in one form or another since 2001; and last year I formally founded my own Record Label. I simultaneously joined the Performance Rights Organization PPL UK; so I know how the rights of music artists are protected so they can be properly compensated for their work.

To check my truthfulness, simply Google Hypnotic Mindscapes Records; noting that my label has no relationship to Toronto's artist cadre Hypnotic Mindscapes.
I believe what you say is valid, I just don't believe YouTube is so willing to terminate accounts under those guidelines. I've never seen or heard of this until now and I see hundreds use content without paying for rights. I would think the path of least resistance would be removing said content that is copyrighted. I can't honestly see a termination unless the user in violation is getting compensates in one way or another.
 

UKHypnotist

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They apparently weren't until January of this year; and please while you are at it, remember that three video removals for reasons of copyright within a 90 day period = terminated channel.

Sometime in 2017, copyright compliance was actually added to the YouTube Community Guidelines page. Since that appearance, I've maintained a bookmark folder which I call "YouTubers Bucking Banishment". That folder contains as bookmarks, channels I've found or been pointed to by Help Forum posts which either violate basic Community Guidelines, or grossly violate copyright.

Every few weeks I check these bookmarks to see which channels are still alive. Quite a few of the channels which I bookmarked due to continual copyright violation are gone now.

Believe what you wish. It's your channel and your YouTube Existence, after all. I am done here.
 
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Chiprocks

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This topic is of major interest to me. I've always wondered how certain YouTube channels are able to get away with doing Top 10 List (WatchMojo) in particular where they use movie, tv, music soundbites throughout their videos. Same goes for those 'Reaction' videos where people watch music videos or movie trailers, etc... None of these are parodies, so how are they able to get away with this and more to the point, monetize their videos? Just curious.