Wyatt Kane
Super Poster
Here is the quick and dirty about copyright. (Again, I am not a lawyer, but I have learned a lot)
For music.
1. Always read the terms for "royalty free". A lot of them are not setup for YouTube or internet content and you can still get dinged.
2. "I bought it on iTunes" does not count. You have no rights to use that again in your own creations.
3. Creative Commons has many different licenses. Some require that you attribute the original creator, while others prevent commercial use(that includes monetization). Learn about these.
4. Just because someone says that you can use it doesn't prevent the system from attacking you. GET EVERYTHING IN WRITING (Example, an artist says you can use their music, but their record company doesn't know)
5. Keep any and all paperwork you get for music purchased. You may need the proof later.
6. Remixes don't lose the original copyright. If you use a remix and think you are safe, then think again. The remix artist should have gotten permission to use the original song, but even if they did, they can't transfer the right to you. This includes covers. So if you want to use a cover/remix, not only do you need a permission of the new artist, you need permission from the original. Fun right?
For images.
1. There are good sites with stock images where you can ask permission to use them at no cost. Same with music, make sure you get things in writing.
2. If there is a person in the image, you may need what is called a "model release". This basically covers you from being attacked by the model because you used their face/body.
3. Before you use someone else's image, think about if you can take a similar image yourself. Saves all the trouble.
For games.
1. Many game makers are open to gameplay videos and reviews, but some aren't. Take a few minutes to email the company that makes the game and get permission. Some have rules, some don't. If you don't hear back, then try to find out if they reference it on their website. If they deny you, then don't proceed. Trust me.
2. Don't show cut scenes, videos or end game material, unless you have written permission. Most game makers don't want these revealed.
3. Make sure you are talking over the game play as much as possible, so it's not just a video of the gameplay. You are an entertainer. Entertain.
For reviews.
1. Again, it's always in your best interest to ask for permission. Most companies will get back to you in a couple days. This is important especially with movies, tv shows and music. They may provide clips for your video.
2. For products, contacting the company is less important unless you want a demo unit. But still covers you incase they don't like your review.
Fair use.
1. Say it with me "Fair use doesn't exist". Ok now we can move on.
2. Fair use is a very loosely interpreted part of copyright law. There is no 6 second rule, or specific guidelines. There is precedent(previous cases), however because of how it works, it may or may not help you. Companies have the right to pursue you for damages even if it's should be "fair use". So tread carefully. No matter how unfair it feels, the system is there to protect copyright holders. Don't get into a lawsuit because you think you are in the right.
3. If you use something without permission, make sure that it has a purpose. And example of this would be using a clip of a TV show while doing a review. Keep these things few and short.
4. Basic rule here is, fair use should be your last resort for using something. Getting permission is way safer. Always.
You ask "How do people get away with using copyrighted content on YouTube?"
1. They do have permission. They don't have to list it anywhere but they may have it.
2. They are taking a risk. With the amount of video uploaded there is no way anyone, or any system can keep up. Also some copyright holders go after people more than others. Maybe they got lucky.
3. Their network has permission.
4. It might be considered "fair use" for what they are doing.
5. The copyright holder doesn't care, or are using it for marketing. An example of this would be "Harlem Shake". If they went after everyone who used the song without permission, it never would have gone viral and they would have missed out on millions of dollars of revenue. This is also why PSY's new video didn't go as viral. His record company was claiming the revenue from the parody videos, so people stopped making them. Their loss. But the Harlem Shake videos were NOT "fair use". That was a case of people using a song without permission and luckily the record company didn't care. They could still go after everyone who made one.
FAQ.
1. "Why did my video get taken down?" Really take a second and see if anything copyrighted was in it. It could be as simple as the radio being on in the background. But the is a reason most of the time.
2. "My video only had a few seconds of (copyrighted material) in it!" Say it again with me. "There is no such thing as fair use". There can be many reasons for this, but do the research. Double check. Ask permission. Don't assume.
3. "YouTube took my video down and even though I posted in every possible Google forum, they don't respond!". Think of YouTube like your employer. While they aren't, you need to build a relationship of trust. If you upload copyrighted material then spam the forums with angry messages, they aren't likely to help you...ever. I always tell people, the first 2 years on YouTube are the most crucial. Don't even touch copyrighted stuff for as long as you can. This will help them trust you. Freaking out and being unprofessional can lead to your channel being removed.
4. "I don't know why my videos keep getting taken down!" Yes you do. If you upload game play and it gets taken down, then upload another of the same game and it gets taken down. There is a problem. You need to dig further. Almost every time someone says this to me, I find the reason very quickly. So don't get mad, find the reason and fix it. Takes much less time than trying to fight the system.
This quick guide may make you want to delete your YouTube channel and believe it or not that is good!
Now you have a proper fear of copyright. The system has its flaws, but this is the game you have to play to make content. Not following the above is the reason that many smaller channels never get bigger. Also don't think the big channels can do whatever they want. They have to follow the same rules, they just know how to cheat and what they can cheat with. Doesn't make it right though, and many of them get in trouble.
Best of luck with your videos and if you have any questions, please ask below.
DISCLAIMER: Again and again I am not a copyright lawyer, but I have spent countless hours trying to educate myself so I would not get in trouble with my videos. Please seek proper legal advice if you feel that you need it. Again, nothing contained in this post should be considered legal advice or counsel.
Also check out youtube.com/yt/copyright
P.S. If you had any idea what is involved in getting a song in a TV show you would not feel so bad. They literally have to prove the start time and end time of the song, then get rights for each country, it gets worse from there, but they have to track it each time its showed. Example, "Married with Children" no longer uses the same opening song on their DVD's. Because licensing the song for DVD release was too expensive.
For music.
1. Always read the terms for "royalty free". A lot of them are not setup for YouTube or internet content and you can still get dinged.
2. "I bought it on iTunes" does not count. You have no rights to use that again in your own creations.
3. Creative Commons has many different licenses. Some require that you attribute the original creator, while others prevent commercial use(that includes monetization). Learn about these.
4. Just because someone says that you can use it doesn't prevent the system from attacking you. GET EVERYTHING IN WRITING (Example, an artist says you can use their music, but their record company doesn't know)
5. Keep any and all paperwork you get for music purchased. You may need the proof later.
6. Remixes don't lose the original copyright. If you use a remix and think you are safe, then think again. The remix artist should have gotten permission to use the original song, but even if they did, they can't transfer the right to you. This includes covers. So if you want to use a cover/remix, not only do you need a permission of the new artist, you need permission from the original. Fun right?
For images.
1. There are good sites with stock images where you can ask permission to use them at no cost. Same with music, make sure you get things in writing.
2. If there is a person in the image, you may need what is called a "model release". This basically covers you from being attacked by the model because you used their face/body.
3. Before you use someone else's image, think about if you can take a similar image yourself. Saves all the trouble.
For games.
1. Many game makers are open to gameplay videos and reviews, but some aren't. Take a few minutes to email the company that makes the game and get permission. Some have rules, some don't. If you don't hear back, then try to find out if they reference it on their website. If they deny you, then don't proceed. Trust me.
2. Don't show cut scenes, videos or end game material, unless you have written permission. Most game makers don't want these revealed.
3. Make sure you are talking over the game play as much as possible, so it's not just a video of the gameplay. You are an entertainer. Entertain.
For reviews.
1. Again, it's always in your best interest to ask for permission. Most companies will get back to you in a couple days. This is important especially with movies, tv shows and music. They may provide clips for your video.
2. For products, contacting the company is less important unless you want a demo unit. But still covers you incase they don't like your review.
Fair use.
1. Say it with me "Fair use doesn't exist". Ok now we can move on.
2. Fair use is a very loosely interpreted part of copyright law. There is no 6 second rule, or specific guidelines. There is precedent(previous cases), however because of how it works, it may or may not help you. Companies have the right to pursue you for damages even if it's should be "fair use". So tread carefully. No matter how unfair it feels, the system is there to protect copyright holders. Don't get into a lawsuit because you think you are in the right.
3. If you use something without permission, make sure that it has a purpose. And example of this would be using a clip of a TV show while doing a review. Keep these things few and short.
4. Basic rule here is, fair use should be your last resort for using something. Getting permission is way safer. Always.
You ask "How do people get away with using copyrighted content on YouTube?"
1. They do have permission. They don't have to list it anywhere but they may have it.
2. They are taking a risk. With the amount of video uploaded there is no way anyone, or any system can keep up. Also some copyright holders go after people more than others. Maybe they got lucky.
3. Their network has permission.
4. It might be considered "fair use" for what they are doing.
5. The copyright holder doesn't care, or are using it for marketing. An example of this would be "Harlem Shake". If they went after everyone who used the song without permission, it never would have gone viral and they would have missed out on millions of dollars of revenue. This is also why PSY's new video didn't go as viral. His record company was claiming the revenue from the parody videos, so people stopped making them. Their loss. But the Harlem Shake videos were NOT "fair use". That was a case of people using a song without permission and luckily the record company didn't care. They could still go after everyone who made one.
FAQ.
1. "Why did my video get taken down?" Really take a second and see if anything copyrighted was in it. It could be as simple as the radio being on in the background. But the is a reason most of the time.
2. "My video only had a few seconds of (copyrighted material) in it!" Say it again with me. "There is no such thing as fair use". There can be many reasons for this, but do the research. Double check. Ask permission. Don't assume.
3. "YouTube took my video down and even though I posted in every possible Google forum, they don't respond!". Think of YouTube like your employer. While they aren't, you need to build a relationship of trust. If you upload copyrighted material then spam the forums with angry messages, they aren't likely to help you...ever. I always tell people, the first 2 years on YouTube are the most crucial. Don't even touch copyrighted stuff for as long as you can. This will help them trust you. Freaking out and being unprofessional can lead to your channel being removed.
4. "I don't know why my videos keep getting taken down!" Yes you do. If you upload game play and it gets taken down, then upload another of the same game and it gets taken down. There is a problem. You need to dig further. Almost every time someone says this to me, I find the reason very quickly. So don't get mad, find the reason and fix it. Takes much less time than trying to fight the system.
This quick guide may make you want to delete your YouTube channel and believe it or not that is good!
Now you have a proper fear of copyright. The system has its flaws, but this is the game you have to play to make content. Not following the above is the reason that many smaller channels never get bigger. Also don't think the big channels can do whatever they want. They have to follow the same rules, they just know how to cheat and what they can cheat with. Doesn't make it right though, and many of them get in trouble.
Best of luck with your videos and if you have any questions, please ask below.
DISCLAIMER: Again and again I am not a copyright lawyer, but I have spent countless hours trying to educate myself so I would not get in trouble with my videos. Please seek proper legal advice if you feel that you need it. Again, nothing contained in this post should be considered legal advice or counsel.
Also check out youtube.com/yt/copyright
P.S. If you had any idea what is involved in getting a song in a TV show you would not feel so bad. They literally have to prove the start time and end time of the song, then get rights for each country, it gets worse from there, but they have to track it each time its showed. Example, "Married with Children" no longer uses the same opening song on their DVD's. Because licensing the song for DVD release was too expensive.
