Can you COPYRIGHT INFRINGEMENT ON INSTRUMENTALS TO SONGS??

ViciousCritic

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The basics of copyright law in the US are as follows:
  1. All artwork has a copyright at the time of creation. That includes all parts of all creative works: a performance, the musical notes, lyrics, books, short stories, scripts, software, sculptures, paintings, drawings, photographs and even building architecture.
  2. That copyright gives them complete and total control over who can use and for how they can use it.
  3. You cannot include anyone else's work as part of your own creative work without permission, even if you give them credit.
  4. That copyright lasts for the life of the author + 70 years. For works created for pay (i.e. a corporation), it's 95-120 years.
  5. Copyright law has changed and been extended over the years, so ALL works created before 1923 are now in the public domain. In other words, they are no longer protected by copyright. You can do with them whatever you want to.
  6. Fair use is a part of copyright law, but has several limitations. Fair use might be criticism, review, parody, but generally should be a small portion of the work. You can't just play a whole song as part of a music review, for example. Parody is a fair use, but it must be substantially different so as not to affect the commercial value of the original work.
This is just a guide. It's not meant to be all inclusive. Refer to this extremely long Wikipedia entry for the details. This one covers fair use.

Other countries have similar laws, but the length of time may be a little shorter or longer, depending on the country.
 

John Lock

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Just wondering, what is your background with copyrights? Not that I don't think your points are valid; I actually think you're giving good honest info. I just want to know I case I have any questions about copyrights you can answer.
I work for a Network where people want and would like to use a whole host of different music etc and I need to know what can, can't and shouldn't be used. Don't get me wrong I don't know everything, but I know enough to keep people out off trouble and enough to stop them racking up 3rd Party Issues.

Music can make or break your channels future.

I went a little OTT with GameUp, but I can't stand people who don't read the question in full and think they are smart.[DOUBLEPOST=1344670822,1344670674][/DOUBLEPOST]
The basics of copyright law in the US are as follows:
  1. All artwork has a copyright at the time of creation. That includes all parts of all creative works: a performance, the musical notes, lyrics, books, short stories, scripts, software, sculptures, paintings, drawings, photographs and even building architecture.
  2. That copyright gives them complete and total control over who can use and for how they can use it.
  3. You cannot include anyone else's work as part of your own creative work without permission, even if you give them credit.
  4. That copyright lasts for the life of the author + 70 years. For works created for pay (i.e. a corporation), it's 95-120 years.
  5. Copyright law has changed and been extended over the years, so ALL works created before 1923 are now in the public domain. In other words, they are no longer protected by copyright. You can do with them whatever you want to.
  6. Fair use is a part of copyright law, but has several limitations. Fair use might be criticism, review, parody, but generally should be a small portion of the work. You can't just play a whole song as part of a music review, for example. Parody is a fair use, but it must be substantially different so as not to affect the commercial value of the original work.
This is just a guide. It's not meant to be all inclusive. Refer to this extremely long Wikipedia entry for the details. This onecovers fair use.


Other countries have similar laws, but the length of time may be a little shorter or longer, depending on the country.
A great outline, I should check and see if I still have the Copyright test paper as that would be quite cool to see how many people get 100%
 
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JostenVlogs

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You can infringe on the copyrights to a song I guess it mainly depends on how its being used and If you say you do not own the rights to it in the description.
 

ViciousCritic

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You can infringe on the copyrights to a song I guess it mainly depends on how its being used and If you say you do not own the rights to it in the description.
A lot of people do this and it's a common misconception, but adding statements like "No copyright infringement intended" doesn't do anything except let them know that you knew it was copyrighted and that it did not belong to you. In copyright law, there are additional penalties if the copyright infringement is found to be willfull (you knew). See the excerpt from the law below.

"(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."
 
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GameUpOrShutUp

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Sorry Mr Smart a** - If you took the actual time to read the Thread Title

" Can you COPYRIGHT INFRINGEMENT ON INSTRUMENTALS TO SONGS?? "

This is taking into consideration the fact you can read !!!!!!!!!! He didn't state he would be doing any Parodies DID HE - NO

So my statement is valued as I am sure you work for a Network and know everything about copyright ?

If you do not the the Full Permissions from the correct Parties, do not use the Music.

Learn to READ and UNDERSTAND THE FULL QUESTION BEFORE YOU RUN YOUR STUPID a** MOUTH.
The reason I post on this Forum is because theres alot of cool people on here, but you didnt have to be a jackass about it, just like how you are replying to my comment. BUT THANK YOU FOR YOUR OWN PERSONAL OPINION :)[DOUBLEPOST=1344931742,1344931504][/DOUBLEPOST]
I work for a Network where people want and would like to use a whole host of different music etc and I need to know what can, can't and shouldn't be used. Don't get me wrong I don't know everything, but I know enough to keep people out off trouble and enough to stop them racking up 3rd Party Issues.

Music can make or break your channels future.

I went a little OTT with GameUp, but I can't stand people who don't read the question in full and think they are smart.[DOUBLEPOST=1344670822,1344670674][/DOUBLEPOST]

A great outline, I should check and see if I still have the Copyright test paper as that would be quite cool to see how many people get 100%
I never tried to be a smart a** to you, I personally didnt like the way you said what you said becuase it sounded like you were being a smart a**, By you calling me stupid is just ignorant dude, Thats why i posted the topic and i was rushing but again thank you for your feedback
 

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So re-creations of instrumentals to songs is still consider copyright infringement? Although you re-created it yourself, it just has to be substantially different?
 

John Lock

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The reason I post on this Forum is because theres alot of cool people on here, but you didnt have to be a jackass about it, just like how you are replying to my comment. BUT THANK YOU FOR YOUR OWN PERSONAL OPINION :)[DOUBLEPOST=1344931742,1344931504][/DOUBLEPOST]
I never tried to be a smart a** to you, I personally didnt like the way you said what you said becuase it sounded like you were being a smart a**, By you calling me stupid is just ignorant dude, Thats why i posted the topic and i was rushing but again thank you for your feedback
And didn't like your SMART a** way in which you replied, I post on this forum as I wish to help and my post was spot on, too many people don't understand the Coypright or why you need permissions, with regards to the way I posted my reply - Being straight to the point saves time and people picking up strikes which would hurt a channel in so many ways.

The only ignorant person is you for being so jumped up, and saying you never tried to be a smart a**e, perhaps you should read your comment and the way you used english to construct the reply.
 

stratafm

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This is NOT true.

Whether you monetize or not, copyright is copyright. Fair use is not a right, it's a defense in a lawsuit that you'd have to prove in court if the copyright holder chooses to sue.

Even if you are legally using someone's stuff under legitimate fair use, I doubt you'd want to take on the costs of defending yourself in court.
Agree.

Fair use doesn't apply to full songs. That's pure copyright infringement. I also call it stealing. I've already had to deal with it on YouTube, and I'm a next to nobody. lol

Fair Use is a thing, however.

http://www.copyright.gov/fls/fl102.html

It's the copyright owners decision as to allow it or not.

feedback?
If you don't monetize it then you have fair use.
Fair use applies to short clips used in parody, commentary, criticism, news, that sort of thing. It calls for "limited use" in doing so.

So full videos, songs, etc. are out.

Now, if you feel ballsy and do upload a copyrighted song, Google has this thing called CMS. It's their content manager. You upload a song by, say, Madonna (lol). She has her stuff in the CMS and their system matches your upload to hers. There's algorithms involved, blah blah. Technology. Gotta love it. :) She then has the option to allow it but tie it to her own account so she can make money off it, have it taken down, or whatever they decide to do.

A slippery slope.

I've said it once, and I'll say it a million times. It's better to just leave copyrighted songs, video, all that stuff alone. It's a big headache.

If you're going to use fair use though, make sure you research it first. Know what you could potentially be getting yourself into.

Hope this helps a little. :)
 

GameUpOrShutUp

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And didn't like your SMART a** way in which you replied, I post on this forum as I wish to help and my post was spot on, too many people don't understand the Coypright or why you need permissions, with regards to the way I posted my reply - Being straight to the point saves time and people picking up strikes which would hurt a channel in so many ways.

The only ignorant person is you for being so jumped up, and saying you never tried to be a smart a**e, perhaps you should read your comment and the way you used english to construct the reply.
Dude so old already lol