Fair use of a song?

[BobbyKryptonite]

Hey guys, I was wondering if there is a way to use a song without getting strikes, I want to make a cycling homage to the opening credits of Drive, so I need to use Nightcall by Kavinsky. I heard some time ago that you wouldn't get done by the copyright people if you used 10 seconds or less of the song? I also read somewhere that if you use less then either 10 or 25% of the song it is fair, is any of this true?

If I won't be able to use the song without getting strikes, can anyone recommend a song that has a similar sound to Nightcall, and would work in a Drive homage?

Thanks

 

[1bgdeal]

I think as long as you monetize the video you will get a copy right claim for using a copy righted song regardless of how much of it you use.

I would recommend using royalty free music which you can find plenty from:
incompetech
or from the following Youtube channels:
Argofox Royalty Free Music
Audio Library - No Copyright Music

 

[subversiveasset]

There is no "safe harbor" or "de minimis" rule with fair use. There is no minimum amount that is automatically fair use -- not 1 second, not 15 seconds, not 30 seconds, not 1 minute. So you can't say, "But I only used x seconds" because there is no bright line de minimis rule.

Additionally, Content ID/content matches operate automatically, regardless of if you monetize or even if your video has gone public. Copyright owners are entitled to control their copyright and be compensated for it, so even if you're not monetizing, they have the option either to monetize, or to block the video.

So, you're going to want to use songs that are licensed under Creative Commons -- keep in mind that "royalty free" music may still have an upfront cost (the "royalty" free part just means that they don't ask for continued payments...)

 

[BobbyKryptonite]

I think as long as you monetize the video you will get a copy right claim for using a copy righted song regardless of how much of it you use.

I would recommend using royalty free music which you can find plenty from:
incompetech
or from the following Youtube channels:
Argofox Royalty Free Music
Audio Library - No Copyright Music

Thank you, I shall look at those channels, I currently use a lot of music from NoCopyrightSounds

There is no "safe harbor" or "de minimis" rule with fair use. There is no minimum amount that is automatically fair use -- not 1 second, not 15 seconds, not 30 seconds, not 1 minute. So you can't say, "But I only used x seconds" because there is no bright line de minimis rule.

Additionally, Content ID/content matches operate automatically, regardless of if you monetize or even if your video has gone public. Copyright owners are entitled to control their copyright and be compensated for it, so even if you're not monetizing, they have the option either to monetize, or to block the video.

So, you're going to want to use songs that are licensed under Creative Commons -- keep in mind that "royalty free" music may still have an upfront cost (the "royalty" free part just means that they don't ask for continued payments...)

Thank you for that, I may scrap this idea or put it on the facebook page for my channel but not on the channel itself.

 

[CyberunHD]

a few more sites here if you cant find what you want music wise

..chuki music
..incompetech.com
.epidemic sounds.com
.NCS (no copyright music)
hope this helps