Short clips of music fair use?

Status
Not open for further replies.

WIT Thinks

Member
I was wondering if we can use short clips of popular music as fair use? I know you usually have to get some form of permission or copyright license, but I've noticed some youtubers using music while monetising their videos and I'm not so sure they have a license. I could be wrong though.

Anyone got any experience with this?

WIT Thinks
 
More than likely, it's the music license owners who are monetizing the videos, not the channel itself.

Without the needed permissions, the music companies have the right to monetize the videos and/ or block them in certain countries....no matter if it's the full song or a second's worth.
 
Sometimes YouTube doesn't recognize but eventually they get to the videos in question. It's rare you do get away with it. Most get licenses when they're large because musicians love the extra influx of fans
 
No duration of a music is "fair-use" its not clear with the law however.
The law continues to state that your only allowed to use a portion or a sample relative to your critic or review.
But then states it will still help them stab you in the back if the rights holder wants to.

It concludes with the usual: How was it used? How much was used? What is the nature of it.

Its doubtful that you want to make a video review/critic of whatever song so its not fair use at all.

Other youtubers get away with it by: Slightly changing pitch, too much noise for content ID, Content ID failes, Too many other content ID matches and up to 3 rights holders want ad's at the same time. (( Some partnership networks protect tubers or have songs they are able to use ))
Yet not all cases allow the tuber to get ads for themself
 
Very interesting stuff! I had heard about people altering the songs in some way to fool the bots.

I think I will play it safe and stick with known royalty free music for a while then until I can afford songs. I did check some sites and it is so bloody expense to buy and use a song. Here's me thinking that if I bought a CD then standard trade means I'm free to use the music on it however I like, even for commercial reasons as it my property!

WIT Thinks
 
and it is so bloody expense to buy and use a song
Wit thinks wrong lol

It is not expensive for a song, (Unless your trying to get a already liscened song)
I cant post a link in this forum? Go to www(DOT)fiverr(Dot)com music and producers section and find someone who can make a flawless custom song for you. Heck even get singers to sing the songs for you. I use it all the time
Run you about $15 bucks depending about how fancy you want it.
 
Trying to trick the CID system is illegal, so I'm locking this thread.

Having a video flagged doesn't necessarily mean you will get a copyright strike. It means that the creator of the music has control over how their content is being used on the Internet, and gives them the ability to be properly compensated. They are usually the ones who put monetization on the video, not the content creator. Trying to find a way to prevent them from being properly compensated is wrong. Imagine if people started making money from your videos just because they wanted some extra footage -- you'd want to be paid for that use.

There is a way to check to see if a song is eligible for "shared monetization." If a song is eligible for shared monetization, it means that you can use a song in your video and split the earned revenue with the song's copyright holder.

To check to see if shared revenue is eligible (along with a lot of other helpful information), I encourage you to search for the song in YouTube's Music Policy database:
https://www.youtube.com/music_policies

If the song does not appear in YouTube's music policies, you need to obtain proper permissions to use it in a video.

Please remember that "fair use" is a defense, not a right. The only people who can determine what is considered "fair use" are judges. It's best to follow YouTube's music policies in the above link and obtain proper permissions for songs that currently do not have negotiated contracts with YouTube.

I wish you the best. ^^
 
Status
Not open for further replies.
Back
Top