Does in-video advertising count as monetization?

[decendant]

I want to use songs from a reasonably popular band, for my youtube videos. I will write to their record label holder requesting permission, and want to know if I can state that I will be using the songs in my videos non commercially if my videos are not monetized on youtube but, for example, I am wearing a t-shirt in the video that I was sponsored/payed to wear and show, or a product of some sort.

How about if I use their songs non commercially, but some other videos without their songs, on my channel, are commercial, technically I am gaining subscribers from the videos with their songs, and then the subscribers see my other commercial videos, so legally am I still making profit from the copyrighted song videos? Must I pay full copyright fees?

 

[UKHypnotist]

for example, I am wearing a t-shirt in the video that I was sponsored/payed to wear and show, or a product of some sort.

If you do what I've quoted above, you will need to check the box on your submission which says "this video includes a paid product endorsement" I believe is the wording.

If you haven't gotten permission and/or paid licensing fees to the record labels to use the music in question, it doesn't matter if the use is non-commercial or not (read as monetized or non-monetized); you would be in violation of the YouTube Partner Program Rules which state you will post no content for which you don't hold sufficient rights.

The base YouTube TOS states this as well.

 

[subversiveasset]

Stepping away from the paid product promotion stuff that UKHypnotist talked about (that would probably apply here), I'd say try to look up that song and band in "Music Policies". If you can find it, you will already see what the copyright owner for that song will do to that song -- they will probably either 1) monetize it and place ads on it themselves or 2) block it in some or all countries. The Music Policies database lets you see what you can reasonably expect before you even ask the company. These policies would apply regardless of whether you intended commercial or non-commercial use -- they have the rights to monetize the video or decide if it stays up at all.