Used copyrighted music in a review.... is that allowed?

Altaranalt

Altaranalt

Active Member
Hi there! My first post, so if I posted on the wrong forum, I'm sorry!
So I did a review on a game from 2005 ("The Movies") a few days ago, and within that review I talked about how great the music was, followed by letting the audience hear 35 seconds of one of the tracks.

Now I got a message popping up saying that I used copyrighted music. Am I allowed to put in music if it's being used to review the game? Not only that, but I've gotten the message from YT saying that my account is viable for monetization. So am I allowed to make money off of the review?

Finally, (and I'm not sure if this matters) but the review does not slander the game in anyway shape or form. Infact I'm giving it praise all around. Can the nature of a review effect whether or not you can monetize it?

Sorry for all the questions, but I like to do things as legit as possible.

-Alt

p.s.
In case you need it, you can find the video on my channel "Altaranalt" (it's the recommended video) :)
 
I've had third party music before and I just acknowledged that it wasnt mine...is that an option in your videos section?
 
Yup, that option is available, but I think the review counts as Fair Use. So I'd rather not click acknowledge.
Instead I'm thinking of clicking the dispute option and selecting "The video is Fair Use", though I don't know what consequences that might have, seeing as I heard a story about someone who did that and in return YT pulled all his videos.

Plus, I´d like to find out what ´is´ and ´isn´t´ allowed ;) always good to know.
 
I am not allowed to make monetizable money off of my videos that have third-party content...the dollar sign isn't next to those ones
 
Altaranalt said:
Yup, that option is available, but I think the review counts as Fair Use. So I'd rather not click acknowledge.
Instead I'm thinking of clicking the dispute option and selecting "The video is Fair Use", though I don't know what consequences that might have, seeing as I heard a story about someone who did that and in return YT pulled all his videos.

Plus, I´d like to find out what ´is´ and ´isn´t´ allowed ;) always good to know.
Click to expand...
well you cannot use copyrighted music. This is a VERY gray area in the law as far as fair use. If someone were to sue you for using the music, you would probably win, but it is still a bad idea. Even though it is legal to upload does not mean you should though. Youtube can still remove it. They do not need a reason to suspend/strike your account and videos. They don't want to have to deal with the legal issues for it being on their site, so they could remove it. You are probably better off just removing it yourself before you get a strike on your account. Also, you cannot monetize this video. Fair use allows you to educate, and you would probably get a strike for monetizing this video. I am not a lawyer nor do I work for Youtube, but their is a good rule to follow. If you don't know if you can, you probably can't. :)
 
I've decided to simply "Acknowledge" it. In the future I'll make sure not to post any music without speech over it. I'm still 99% sure I could win if I put up Fair Use, but yeah... Not taking the chance.
 
Disputing a claim will allow the claimant to release the claim, reinstate it or file a DMCA for it to be removed instantly. Not many file DMCAs on claimed videos because they want to earn money off of it not take it down.
 
GKart64 said:
Disputing a claim will allow the claimant to release the claim, reinstate it or file a DMCA for it to be removed instantly. Not many file DMCAs on claimed videos because they want to earn money off of it not take it down.
Click to expand...
Now 'that's' good to know! Thanks. Man I wish there was a place where I could get some more info on Fair Use though. I spend a few hours reading up about it, and it seems I'm in my right to make a review and then use music from the thing I'm reviewing in the video.

It's an important lesson to learn. To counter it, I'll try having no more music without me speaking over it.
 
you could get in trouble but make sure if anything happens say you used it in fair use and also in the description of the video give credit to the music you used.
 
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