Forum Moderators: not2easy
Now I figure a major motion picture probably secures all the rights before it uses a piece of music in its movie, but what about all these youtube videos? I find it hard to believe that every person that uses music in a little video is paying for or securing the music rights from the record companies.
Since I am not reading about a rash of lawsuits over the music in YouTube videos or against their creators I am wondering what the law here is. Can you use music in a video if you aren't using it for commercial purposes without paying for some use of it? Or is it always illegal and the record companies are just not going after all these people?
It's actually quite a market that the recording industry ignores as there is certainly people like myself that wouldn't mind coughing up a few bucks to use it on a wedding video or whatever...
Of course if its snippets of music or incidental recording "fair play" enters the picture but it's doubtful many of those videos fit that category.
But, I use "royalty free" music in my videos. I've bought several CDs of royalty free music. They are expensive, but with them I get the rights to use the music in my videos without paying royalities.
-- Roger
So if it isn't legal why aren't we reading about a rash of law suits on Google or the creators of these videos.
Google currently isn't liable as they fall under the safe harbor provision in the DMCA, their only responsibility is to remove copyrighted content when served with a DMCA notice. It's the responsibility of the copyright owner to do that.
They are being sued by Viacom, do a search for the Viacom/Google lawsuit.
As far as the creators go you'd have to find out from the copyright owners why. I'd imagine it's a combination of them playing whack-a-mole, not enough resources to sue everyone, not enough money in damages if they do and a lot of other things up to some turning a blind eye.
YouTube has signed agreements with some music publishers to allow their music to be used in videos uploaded to YouTube.
I wonder if there is a way to find out which ones they have signed agreements with. I have never heard this before.
I'd imagine it's a combination of them playing whack-a-mole, not enough resources to sue everyone, not enough money in damages if they do and a lot of other things up to some turning a blind eye.
I would agree with that if is wasn't for the massive legal action the music companies put on against Kazaa users and other file share people about music. If you want to talk about whack-a-mole that clearly had to be a case with thousands of users around the globe with illegal music on their computer. Those guys were suing 12 year old girls for copyright infringement, talk about not enough money for damages.
No, I have to believe something else is going on here. I am not sure what, but something must be different about this case.
The monetary damage these clips can cause is questionable. It's low quality audio often used as background music with other audio tracks over it. If you wanted just the audio track you have to do a lot of leg work to get it.
Doesn't make it right but to pursue them is going to have little if any benefit for the copyright holder. Probably be detrimental from bad publicity.
...hence the reason they are pursuing Google.
I wonder if there is a way to find out which ones they have signed agreements with. I have never heard this before.
I've seen several articles where they've announced deals with publishers, but I don't know if YouTube enumerates them anywhere. YouTube pays royalties when music from these publishers is used in videos, so I guess it's in their best interest not to publicize it. I have no idea how they determine what videos use the copyrighted music.
Searching Google I found articles on deals with the MCPS-PRS Alliance (UK music publishers), Universal Music Group, and Warner Music Group. I don't know if these cover just the publishing rights or all the performance rights for the music.
In any case, YouTube made these deals to help defend themselves against lawsuits and reduce the number of DMCA "take-down" requests. Which partially answers the question of why there are not many lawsuits against people who upload YouTube videos.
Also, the DMCA gives copyright holders an easy way to get offending material removed without a law suit. And, I suspect many copyright holders aren't concerned about their music in YouTube videos because it doesn't reduce the value of the music to them.
-- Roger
Which partially answers the question of why there are not many lawsuits against people who upload YouTube videos.
Now that makes sense. Using the DMCA is a way to avoiding the entire lawsuit step since I am sure Google complies immediately with DMCA requests and therefore the material is only up there for a short period of time.
So I guess the question is if you want to make a video and use this music you just do it and put it up on YouTube and hope for the best?
