non copyrighted songs

[Tarmack]

I noticed on that site that a lot of them have the non-commercial stipulation on the CC license. Out of about 10 different curators I checked, I found one that at least allowed commercial use.

This is actually a very interesting point of discussion on the topic, one that I've carried through from a number of other license sources. I'm not certain, even after reading through all of the CC source material whether or not YouTube application is or would be considered commercial.

https://wiki.creativecommons.org/NonCommercial_interpretation

The thing about commercial use is that it tends to be directed primarily at a salable product or something that is behind a pay gate of some kind. On YouTube, we're not selling the content. Rather we are selling the viewer to the ad company. So where it comes to commercial and non-commercial use, especially and specifically in the world of video games for example, this actually qualifies as non-commercial by the vast majority of license terms that companies have posted.

To put it into laymans terms, the licenses will often say in effect, "you can't sell our stuff, but you can give it away freely and if ads happen along the way, meh".

Right in the CC documentation they say "However, there will always be uses that are challenging to categorize as commercial or non-commercial.". If it was merely a question of whether money was involved or not, they wouldn't need to say that.

It does mean, I think, that users of CC content should be more vigilant about the type of license. Frankly, I doubt that will ever happen because most YouTubers are extremely lazy on the law front and simply don't care. But contacting someone who has listed their material under Creative Commons is really not that hard, and asking whether they include YouTube monetization in their view of non-commercial would be very easy.

As an aside, that's one of my major gripes with this community in general. This doesn't apply to everyone or the forum specifically, but the sheer number of people who pop up, ask an incredibly complex question expecting a simple answer in their favor is mind-boggling. "Will I get a copyright strike if I use the latest Taylor Swift song?" All the while having no concept of what a copyright strike is, does or how it affects you, only knowing it is somehow bad to get. Or "what network is best" as though to assume a network over none is best, or that there could indeed actually be a best network. Irritating at best. And oh gods... the number of people who think Royalty Free is the same thing as free.

 

[Harry Of All Trades]

This is actually a very interesting point of discussion on the topic, one that I've carried through from a number of other license sources. I'm not certain, even after reading through all of the CC source material whether or not YouTube application is or would be considered commercial.

https://wiki.creativecommons.org/NonCommercial_interpretation

I'm not certain either. I try avoid any NC material if possible. So far I've been able to find something that I've liked so I don't need to worry about gray areas if I don't have to.

I would suspect that YouTube monetization is a commercial activity. I'm making a video with the intent to make money from it. I can dress up the transaction how ever I like, but I am still getting paid to make that video. This gets into a "Substance over form" debate.

Your right, the best action is to ask. Depending on the use I suspect they could make an exception, even if they did consider it a commercial activity. There are probably a variety of reasons, but I think most creators that pick the NC stipulation do so to give them more control how their IP is being used.

As an aside, that's one of my major gripes with this community in general. This doesn't apply to everyone or the forum specifically, but the sheer number of people who pop up, ask an incredibly complex question expecting a simple answer in their favor is mind-boggling. "Will I get a copyright strike if I use the latest Taylor Swift song?" All the while having no concept of what a copyright strike is, does or how it affects you, only knowing it is somehow bad to get. Or "what network is best" as though to assume a network over none is best, or that there could indeed actually be a best network. Irritating at best. And oh gods... the number of people who think Royalty Free is the same thing as free.

I'm starting to notice this too. Too bad this site doesn't have some kind of FAQ. Probably no one will ever read it. People still continue to ask what video editor people use when there is a pinned topic with a fairly long list of video editors already

 

[binky VS bunson]

Okay, someone answer me this question.... This video is currently going viral. How the hell did these girls get the rights to use all these songs? They don't have a HUGE channel.... I mean, how is this not getting flagged.... anybody know? They have similar videos like this on their channel as well...

And don't respond with "They're Hot, that's why" .... I'm aware they are attractive bahahaa that can't be the reason... like what the H? anybody know how these girls get away with stuff like this?

 

[Tarmack]

Okay, someone answer me this question.... This video is currently going viral. How the hell did these girls get the rights to use all these songs? They don't have a HUGE channel.... I mean, how is this not getting flagged.... anybody know? They have similar videos like this on their channel as well...

And don't respond with "They're Hot, that's why" .... I'm aware they are attractive bahahaa that can't be the reason... like what the H? anybody know how these girls get away with stuff like this?

How do you know that it hasn't been flagged? ContentID has three basic settings for material. Track, Monetize and Block. As long as the content owner hasn't selected block, the video will remain online. If they select Monetize, they simply take the ad revenue and the viewer will never know the difference.

Music distributors are more and more frequently merely taking the monetization rather than pulling videos down because it is more profitable.

 

[binky VS bunson]

How do you know that it hasn't been flagged? ContentID has three basic settings for material. Track, Monetize and Block. As long as the content owner hasn't selected block, the video will remain online. If they select Monetize, they simply take the ad revenue and the viewer will never know the difference.

Music distributors are more and more frequently merely taking the monetization rather than pulling videos down because it is more profitable.

Really? hhhhhmmmmmmmmmmmmmmm and all this time I've been so worried about using mainstream songs? ....... Do they get a strike against their channel? My channel isn't even monetized because I'm so small I don't want viewers getting ads before they actually view my content.... That would open up some content creation doors for me if I could use mainstream music....

Interesting....

 

[Tarmack]

Really? hhhhhmmmmmmmmmmmmmmm and all this time I've been so worried about using mainstream songs? ....... Do they get a strike against their channel? My channel isn't even monetized because I'm so small I don't want viewers getting ads before they actually view my content.... That would open up some content creation doors for me if I could use mainstream music....

Interesting....

Oh, I never said using music was safe. Copyright strikes are a manual thing that must be done by the content owner. So they are by default less likely than a ContentID match. Just because some distributors don't bring down music doesn't mean all of them don't. Building your channel on top of copyright infringement is a mistake. You may get away with it for a while, but it doesn't take much to lose your channel.

 

[binky VS bunson]

I just don't understand how those girls are getting away with that and not one copyright owners of a song in that montage isn't okay with it.... I mean, wtf..... I always wonder that when I see people using copyrighted music in their videos.... it's like, how are you getting away with this? I guess it just went viral a short time ago but..... still... I don't get it[DOUBLEPOST=1427985693,1427985301][/DOUBLEPOST]You know what we need... A Lawyer on this Forum that specializes in Copyright Law with music on YouTube.... there has to be lawyers that are specialized in that niche. I mean, I'm so sick of this being a grey area. Why can't they just give us set rules to follow or not to follow.... it's bull and I'm sick of getting one answer here and another here.... this website says this, this one says this.... This YouTuber said this, this one says that.... so sick of the confusion.... and if the answer is "it's a grey area in every situation" well they should come up with a set of laws and rules so it isn't a grey area and a gamble... give us some guidelines

 

[Tarmack]

You know what we need... A Lawyer on this Forum that specializes in Copyright Law with music on YouTube.... there has to be lawyers that are specialized in that niche. I mean, I'm so sick of this being a grey area. Why can't they just give us set rules to follow or not to follow.... it's bull and I'm sick of getting one answer here and another here.... this website says this, this one says this.... This YouTuber said this, this one says that.... so sick of the confusion.... and if the answer is "it's a grey area in every situation" well they should come up with a set of laws and rules so it isn't a grey area and a gamble... give us some guidelines

It's not a grey area at all. Getting away with copyright infringement doesn't mean in any respect that the law is vague on the topic. The basics of copyright law for the average joe is very simple. Get the rights to the material, or risk potential punishment if you don't. A lawyer on the forum isn't going to change that.

 

[binky VS bunson]

It's not a grey area at all. Getting away with copyright infringement doesn't mean in any respect that the law is vague on the topic. The basics of copyright law for the average joe is very simple. Get the rights to the material, or risk potential punishment if you don't. A lawyer on the forum isn't going to change that.

cool dude, fine. F it then... I'll do without, would be nice to use songs people can relate to or use it as a discussion topic.... but screw it for now

 

[Harry Of All Trades]

Okay, someone answer me this question.... This video is currently going viral. How the hell did these girls get the rights to use all these songs? They don't have a HUGE channel.... I mean, how is this not getting flagged.... anybody know? They have similar videos like this on their channel as well...

And don't respond with "They're Hot, that's why" .... I'm aware they are attractive bahahaa that can't be the reason... like what the H? anybody know how these girls get away with stuff like this?

They could have gotten a mechanical or synchronization license. I doubt that they did, but it is possible. Harry fox's eSynch can't be used for YouTube videos, so you might have to go directly to the copyright holder (or their agent). See the link below for more details.

https://www.harryfox.com/license_music/what_type_license.html