Members jerry_picker Posted January 5, 2010 Members Share Posted January 5, 2010 Are there any copyright considerations in posting a video of a performance of songs that are under copyright, written by other artists? For example, if a garage band wanted to post a vid of them massacring a Beatles song, would the estate of Michael Jackson send out the lawyers? Link to comment Share on other sites More sharing options...
Members Sharkfin Posted January 5, 2010 Members Share Posted January 5, 2010 I think covers are legally fine, even in the context of selling a CD of covers as long as the original artists and rights holder are credited. Should be even safer on Youtube since you don't make any money off of it. Otherwise all those people posting covers of songs and bands on Youtube would soon get it up the arse from RIAA or who ever wants to leverage their legal power to make a buck. Worst they can do is take your video off or lock your account. Someone with actual legal knowledge please step in before I commit someone to a life of crime. Link to comment Share on other sites More sharing options...
Members EJD Posted January 5, 2010 Members Share Posted January 5, 2010 I've seen a few examples of covers being taken down, but I bet it was largely due to them playing the original song in the background. A lot of them seem to be fine. You could try putting up annotations/a disclaimer in the description saying that it's not yours, you own nothing and are just innocently playing along to the song, etc etc. Link to comment Share on other sites More sharing options...
Members Caleb B Posted January 5, 2010 Members Share Posted January 5, 2010 I have 5 covers that WMG claimed Copyright over. This is what it says: Link to comment Share on other sites More sharing options...
Members jerry_picker Posted January 5, 2010 Author Members Share Posted January 5, 2010 So how does "fair use" apply to cover performances posted on Youtube? Link to comment Share on other sites More sharing options...
Members Caleb B Posted January 5, 2010 Members Share Posted January 5, 2010 Pretty much what happened was WMG and other companies were taking down a lot of covers or things like that with their content in it and Youtube said, "Hey, you guys, you're taking down all of these videos that are harmless and probably do you more good than anything. Instead of taking them down how about you flag them and we can stick ads beside them and you will get revenue from the ads." So that's how it works now. I don't mind personally. EDIT: All of my covers have the song playing in the background. Link to comment Share on other sites More sharing options...
Members TheBlueStrat Posted January 5, 2010 Members Share Posted January 5, 2010 Pretty much what happened was WMG and other companies were taking down a lot of covers or things like that with their content in it and Youtube said, "Hey, you guys, you're taking down all of these videos that are harmless and probably do you more good than anything. Instead of taking them down how about you flag them and we can stick ads beside them and you will get revenue from the ads." So that's how it works now. I don't mind personally.EDIT: All of my covers have the song playing in the background. That's why. It's the song you're playing in the background that caused them to flag it, but I'm assuming this was a while ago? To answer the OP, there will be no problems, millions of people put covers up. Link to comment Share on other sites More sharing options...
Members Caleb B Posted January 5, 2010 Members Share Posted January 5, 2010 That's why. It's the song you're playing in the background that caused them to flag it, but I'm assuming this was a while ago? To answer the OP, there will be no problems, millions of people put covers up.Yea, I'm aware that's why I was flagged, I don't care though as long as my cover stays up. Link to comment Share on other sites More sharing options...
Members benzem Posted January 5, 2010 Members Share Posted January 5, 2010 My Hotel California lead lesson was removed because of a copyright claim from Cass County Music. I didn't have the original song playing in the background. In fact, no backing at all. ??? There are hundreds more, why me:cry: Link to comment Share on other sites More sharing options...
Members jpnyc Posted January 5, 2010 Members Share Posted January 5, 2010 So how does "fair use" apply to cover performances posted on Youtube? It doesn Link to comment Share on other sites More sharing options...
Members etawful Posted January 5, 2010 Members Share Posted January 5, 2010 I think covers are legally fine, even in the context of selling a CD of covers as long as the original artists and rights holder are credited. Should be even safer on Youtube since you don't make any money off of it. Otherwise all those people posting covers of songs and bands on Youtube would soon get it up the arse from RIAA or who ever wants to leverage their legal power to make a buck. Worst they can do is take your video off or lock your account.Someone with actual legal knowledge please step in before I commit someone to a life of crime. Actually, you could not legally release a CD of covers of copyrighted material without the permission of the copyright holder. Giving them credit is not sufficient. The holder of the copyright is legally entitled to the decision as to whether to let you use the material and is entitled to royalties if they so desire. Technically, royalties must be paid for public performance of copyrighted material as well (there was a thread a while back talking about bars and small venues having to pay annual license fees for that very purpose). Link to comment Share on other sites More sharing options...
Members jerry_picker Posted January 6, 2010 Author Members Share Posted January 6, 2010 It doesn Link to comment Share on other sites More sharing options...
Members benricci Posted January 6, 2010 Members Share Posted January 6, 2010 Actually, you could not legally release a CD of covers of copyrighted material without the permission of the copyright holder. Giving them credit is not sufficient. The holder of the copyright is legally entitled to the decision as to whether to let you use the material and is entitled to royalties if they so desire. This is not true, I wish people without knowledge of copyright law would stop spreading bad information. You can release covers of songs as long as you obtain a compulsory mechanical license, most often done (and most easily done) through the Harry Fox agency. The copyright owner of the composition does not need to grant permission at all if the song has already been published or recorded, they simply collect royalties for every CD you press. The statutory mechanical royalty rate is in place so the publishers and songwriters get paid when cover versions are released by other artists. They cannot prevent you from recording and selling your covers if you have obtained this license. When you need permission is when you are using the *actual* sound recording of an artist, like in a sample or when you obtain a sync license to place a song in a film. As far as YouTube goes, technically since you are not the copyright holder for the composition you are covering, you really don't have any right to distribute it over the internet. Only the copyright holder has the right to distribution (that goes for the sound recording and the underlying composition of the song), unless you have a license to do so. Now are the labels really gonna spend all their time going after 13 year old bedroom noodlers playing bad covers of Smoke On The Water? Probably not. Link to comment Share on other sites More sharing options...
Members jerry_picker Posted January 6, 2010 Author Members Share Posted January 6, 2010 This is not true, I wish people without knowledge of copyright law would stop spreading bad information.You can release covers of songs as long as you obtain a compulsory mechanical license, most often done (and most easily done) through the Harry Fox agency. The copyright owner of the composition does not need to grant permission at all if the song has already been published or recorded, they simply collect royalties for every CD you press. The statutory mechanical royalty rate is in place so the publishers and songwriters get paid when cover versions are released by other artists.They cannot prevent you from recording and selling your covers if you have obtained this license. When you need permission is when you are using the *actual* sound recording of an artist, like in a sample or when you obtain a sync license to place a song in a film. As far as YouTube goes, technically since you are not the copyright holder for the composition you are covering, you really don't have any right to distribute it over the internet. Only the copyright holder has the right to distribution (that goes for the sound recording and the underlying composition of the song), unless you have a license to do so. Now are the labels really gonna spend all their time going after 13 year old bedroom noodlers playing bad covers of Smoke On The Water?Probably not. Unless one of those bad covers goes viral and leads to a fat recording contract, maybe. Link to comment Share on other sites More sharing options...
Members benricci Posted January 6, 2010 Members Share Posted January 6, 2010 Unless one of those bad covers goes viral and leads to a fat recording contract, maybe. There are no more fat recording contracts. Unfortunately those days are behind us.... Link to comment Share on other sites More sharing options...
Members Shenaniganizer Posted January 6, 2010 Members Share Posted January 6, 2010 WMG ruins everything posted on YouTube when it comes to covers/music videos/AVIs with music dubbed in. Link to comment Share on other sites More sharing options...
Members aenemated Posted January 6, 2010 Members Share Posted January 6, 2010 There are no more fat recording contracts. Unfortunately those days are behind us.... thank god. Link to comment Share on other sites More sharing options...
Members brusky Posted February 19, 2010 Members Share Posted February 19, 2010 My teenage daughter is crying frightened and threatened by Cass County Music because she posted a cover of Eagle's Desperado on YouTube. Youtube deleted her cover because of copyright infringement reported by Cass County Music. YouTube also threatened to shut down her account if another copyright infringement is claimed. Her video is still available on Facebook:http://www.facebook.com/video/video.php?v=41627991972&ref=mf Good job Cass County Music!!! You have finally identified the real enemies of our society, the real bad guys (I mean bad girls?!?) ... Brusky Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.