HOW SO PEOPLE USE MUSICALLYS

mbherdman

mbherdman

Active Member
So I just watched a video that The Gabbie Show posted where she makes fun of her sister's Musicallys.

How is she able to do that though since the music is copy written? Is she just not monetizing the video? Help! I'm super curious.
 
This is actually a good example of fair use. She has the music, but the video is not about the music per se, but about her reaction to it and the story.
In other words, she puts the music in as a basis to what she is doing, not the content of the video itself.
 
iamvroom said:
This is actually a good example of fair use. She has the music, but the video is not about the music per se, but about her reaction to it and the story.
In other words, she puts the music in as a basis to what she is doing, not the content of the video itself.
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Ahh! Gotcha! I'm wanting to do a video involving my grandparents and top songs of today and was so confused how people are able to do that, but it makes sense!
 
Np :)

Generally you cannot just take the copyrighted content of someone and post it, but in order e.g. to make a review or a reaction you need the content to react to or review. So apart from it being fair use it is actually a win-win situation for the creator and the reviewer.
 
So.

Musical.ly by itself is a copyright disaster. Musical.ly (lipsyncing to the actual original recordings of songs) is in no way fair use at all. I have no idea how that site continues to exist. (EDIT: after looking through, it seems that the idea is that a musical.ly only uses around ~15 seconds of the original song. There is no safe harbor limit for fair use, but I guess that's better than lip syncing the entire song...that being said, that does raise questions about whether Gabbie's use is fair use.)

Gabbie's reaction to her sister's copyright infringement could potentially be fair use (but it doesn't change the fact that the musical.lys themselves are likely not a fair use), because she only uses bits and pieces (at least, I don't know -- are musical.ly's lip syncs of the entire song or just bits and pieces of a lip sync? [EDIT: see above edit. If the entire musical.ly is only 15 seconds, then Gabbie may be using "too much" of them for it to be a fair use.]), and she only uses those pieces for her criticism (or rather, her imitation).

However, since Gabbie is a pretty big YouTuber who is part of the Collab Creators MCN, it's probably that Collab handles any licensing requirements that she might have. So you can't really judge what she's doing for what you can do, because chances are, you are not part of a network that handles your licensing.
 
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subversiveasset said:
So.

Musical.ly by itself is a copyright disaster. Musical.ly (lipsyncing to the actual original recordings of songs) is in no way fair use at all. I have no idea how that site continues to exist. (EDIT: after looking through, it seems that the idea is that a musical.ly only uses around ~15 seconds of the original song. There is no safe harbor limit for fair use, but I guess that's better than lip syncing the entire song...that being said, that does raise questions about whether Gabbie's use is fair use.)

Gabbie's reaction to her sister's copyright infringement could potentially be fair use (but it doesn't change the fact that the musical.lys themselves are likely not a fair use), because she only uses bits and pieces (at least, I don't know -- are musical.ly's lip syncs of the entire song or just bits and pieces of a lip sync? [EDIT: see above edit. If the entire musical.ly is only 15 seconds, then Gabbie may be using "too much" of them for it to be a fair use.]), and she only uses those pieces for her criticism (or rather, her imitation).

However, since Gabbie is a pretty big YouTuber who is part of the Collab Creators MCN, it's probably that Collab handles any licensing requirements that she might have. So you can't really judge what she's doing for what you can do, because chances are, you are not part of a network that handles your licensing.
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See, this is a really good point and definitely something I had be thinking and just always assume when a big youtuber uses music in their videos.

Another example I can think of is Miranda sings reacting to music videos that she watches.
 
mbherdman said:
So I just watched a video that The Gabbie Show posted where she makes fun of her sister's Musicallys.

How is she able to do that though since the music is copy written? Is she just not monetizing the video? Help! I'm super curious.
Click to expand...

She's walking a tight rope there because video response content from another YT personality is fair use PERIOD. Music though... it's really difficult because they usually have big companies that don't care to work with people on their IP and fair use. Look at the WMG fiascos. If anything maybe she's paying royalties, or just taking the hit for Content ID claims that take all her money from that vid.
 
Johnny Fox Show said:
If anything maybe she's paying royalties, or just taking the hit for Content ID claims that take all her money from that vid.
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That's sortof what I was wondering and also the same boat I'm in. It's like, I have SEVERAL ideas but they all use outside music or video, but I think the video content itself would be high enough quality that I would rather just get the idea out there and not be able to monetize it. Then not being able to use the idea at all. :((
 
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