Music Chart Videos Comes Under Fair Use

[TalhaAurakzai]

I make music chart videos where i do top 10 songs of different genres ..
points to be noted
1) i dont manipulate the orignal song in any way except for its volume
2) all sound effects are royalty free

in my opinion it does com under "criticism" of the
Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

i want your take on this and before replying do watch a video of mine for reference ....

p.s. the videos are monetized

 

[WeegieMovies]

Honestly, I'd say not. Because you haven't provided any content above and beyond just putting the songs next to each other. It would be completely different if you were reviewing a song or if you were using it to educate on something, for example how a scale works or how a beat is formed. But after watching one of your videos, it seems like all you've done is put them in sequence with a text box below.
It is extremely difficult to fight a content ID match on YouTube regardless of whether or not your video falls under fair use, but this time I'm sorry to tell you, you have no defence if someone claims that video.

 

[TalhaAurakzai]

Honestly, I'd say not. Because you haven't provided any content above and beyond just putting the songs next to each other. It would be completely different if you were reviewing a song or if you were using it to educate on something, for example how a scale works or how a beat is formed. But after watching one of your videos, it seems like all you've done is put them in sequence with a text box below.
It is extremely difficult to fight a content ID match on YouTube regardless of whether or not your video falls under fair use, but this time I'm sorry to tell you, you have no defence if someone claims that video.

Thank you for your reply
There is something called music charts where u are educated about the current trending songs so that if you may like the track you can buy it .. by your defination all the react videos must also not come under fair use but they are have you given that a thought ... also what about this channel "Top Music Mafia"
if music charts does not come under fair use how is it that this gentlemen has been doing it for 2+ years

 

[WeegieMovies]

I know what a music chart is mate. But what you're doing doesn't add anything to the value of the music itself, you're displaying it, not altering it or using it. I would disagree that it falls under 'education' as a result. The music is displayed, not described or altered.
React channels I'd say, although basically the cancer of YouTube, do fall under fair use. I hate what they do and wish it was banned, but they are providing what is essentially a review of the video they're analysing.
Also, never heard of this music mafia, but you'll most likely find that if they are a large channel, they either have permission or licence the music they use.

 

[TalhaAurakzai]

I know what a music chart is mate. But what you're doing doesn't add anything to the value of the music itself, you're displaying it, not altering it or using it. I would disagree that it falls under 'education' as a result. The music is displayed, not described or altered.
React channels I'd say, although basically the cancer of YouTube, do fall under fair use. I hate what they do and wish it was banned, but they are providing what is essentially a review of the video they're analysing.
Also, never heard of this music mafia, but you'll most likely find that if they are a large channel, they either have permission or licence the music they use.

you might be right but in my opinion either youtube's "content id" system is flawed or what i am doing falls under fair use cuz i have uploaded 31 videos and not a single copyright violation

 

[KatyAdelson]

Please note that "fair use" is a defense, not a right. Only a judge can determine what is and is not considered fair use. However, in the past, judges usually have ruled that using unedited clips of videos/music without any commentary is not considered fair use.

However, you most likely have not received copyright flags for a few reasons:

The song is not in the Content ID system. This means the copyright owner needs to manually find and flag/take down videos.
Content ID has the song in their system but was unable to match the audio in your video. (no system is perfect...)
It is matched with Content ID, but the song's Music Policies (https://www.youtube.com/music_policies) currently allow it to be uploaded without penalties.

If it's the last case, the monetization that you currently have is most likely "shared revenue" rather than regular monetization revenue. ^^

 

[TalhaAurakzai]

Please note that "fair use" is a defense, not a right. Only a judge can determine what is and is not considered fair use. However, in the past, judges usually have ruled that using unedited clips of videos/music without any commentary is not considered fair use.

However, you most likely have not received copyright flags for a few reasons:

The song is not in the Content ID system. This means the copyright owner needs to manually find and flag/take down videos.
Content ID has the song in their system but was unable to match the audio in your video. (no system is perfect...)
It is matched with Content ID, but the song's Music Policies () currently allow it to be uploaded without penalties.

If it's the last case, the monetization that you currently have is most likely "shared revenue" rather than regular monetization revenue. ^^

Now that makes sense, thank you for your reply