Using music on Youtube

Brian_Rice

Brian_Rice

Carbonite Member
So I was flipping through some Youtube vids today and I noticed quite a few of them using copyrighted songs but then having links to the songs underneath the video. As far as I knew Youtube was still stripping audio from vids that used copyrighted music. Has something changed?
 
I uploaded a demo recently with a popular track. Youtube left the audio. Added a purchase link option to buy the song, and disabled the video for play in Germany and on mobile devices. So YT has obviously relaxed its policy.
 
Hmm. Maybe. But also YT usually doesn't do anything unless the copyright holder asks. So maybe the copyright holder just isn't bothered by you using their song (or they don't know about it)
 
I recently used a song by the band Embrace in a youtube video, and YouTube stripped it out. But usually, they just add a "buy song" to my videos.
 
DEEP: Yeah, but even with a relaxed policy there's no way I would ever post something that could have the audio stripped. If you actually had a popular video and went over a few hundred thousand views and then suddenly your audio is gone -- that would be devastating, IMO.
 
It doesn't matter. Unless you've licensed the music for the specific purpose you are using it for from the original artists, it violates the copyright.

And it is appropriating another's artist creation as your own.
 
I believe WMG (Warner Music Group) is still one of the (if not THE) strictest of the strip the music, rather than sell the music, mindset.

And while I'm not condoning using copyrighted music, David, many labels figured out it was more lucrative to link to iTunes rather than take a 14 year old kid (or his parents) to court.
 
David, many labels figured out it was more lucrative to link to iTunes rather than take a 14 year old kid (or his parents) to court
Click to expand...

Understood, but I'm wondering why anyone in the profession would have a video, reel, or demo without securing licensing rights.

I see it all the time here, and with all due respect, do not understand the choice.
 
You asked why people did it--not whether or not it was legal. Nor whether or not the law was stupid enough to ignore like the law in Missouri forbidding dancing in a butcher shop on Sundays. There are a lot of stupid laws that everybody with common sense ignores. If someone wants to use one of my songs on a personal video that they uploaded for fun rather than for profit, I'm certainly not going to get bent out of shape about it. Nor would any other self-respecting musician I know. Most of us would be tickled pink for the free advertising if they list the song name and performer. If they make money with the video, then they're going to talk with my ASCAP rep. And if they want to use my songs in their own private wedding video for family and friends, God bless 'em. I've never in my life met a musician who felt any different. If there's one or two out there who want to be hardcore about it, that's their business, but it will probably make them about as popular as Mike Love.
 
Swoopie, David has a point though. I mean, why work so hard on creating a visual work of art, then cheap out and use music you had not gotten permission for?

When people do that, their project leaves a bad taste in my mouth. It is usually not hard to secure non-exclusive rights for music. Heck the music on Indie Arms demo took a single email. There are so many talented people that would love to put their bands music on film, just for the exposure. But to do it without permission, that's plain not cool, and is Copyright Infringement. And, when I see film-makers do that, I ask myself, what other dishonest things would they do? Stealing is stealing. Would they skip out on paying me for my services too?

You want someone to place snippets or scenes from your video/hardwork in their music video? What if the subject matter is not what you intended/wanted, or against something you believe in? A music video about chopping up little puppies for fun, and there is a section of your work spliced in. Still think it's an honor just for the publicity?

Extreme yes, but it makes the point easier to understand.

And I do know a LOT of musicians that would get VERY ticked off if they were not consulted about someone using their music in a film. Just because they were not asked.
 
Last edited:
Yeah, but you're talking about, as you say, a work of art. I'm talking about joe-blow putting up a video showing his skill at shuffling cards. The vast majority of videos at Youtube are just kids being kids, and I imagine most of them don't get more than a couple of hundred hits after a year. Anyhow, that's the kind of thing I'm talking about. I don't think any musician is going to get upset about little Tommy showing his friends his new bike and using his music in the background.
 
Ahhh, ok, I get where you are coming from. But, unfortunately, aspiring film-makers here and everywhere else do it too. And that's where I do have a problem.
 
I just wish it was made easier for web-based video to purchase cheap licensing for popular songs. I personally actually prefer using unknown artists in indie productions, but there are times when a specific song suits a specific need, especially if you're talking about something from an era decades past -- and if your video is giving linked advertising to that song, you'd think the companies would have found a more seamless way to profit from online videos. Like Doc, I've never had much issue asking an indie artist if I could use their song in a video, but even someone who is extremely indie like Terra Naomi told me that I could not use one of her songs because it was *owned* by her record label (??).

Everyone's out to make a buck, except, usually, the short filmmaker. For them its about exhibition. If someone else can profit from that exhibition (even if the video is just some kid doing a hoola hoop in her basement), why not facilitate the earning of those profits?

The couple times I've gone the ASCAP route it's been intolerable. Most of the times when we make something for exhibition purposes, there is no real budget. Is it really *devaluing* some unknown song from the 40s if it's in my video? Probably not. Should someone be getting paid something (and/or potentially profit) for that song being in the video? Most certainly.

I think things are moving in the right direction; it's just moving at a snail's pace.
 
Brian,

You're exactly right about it being tough using a well known song by the original artists, and I don't see a good soultion to that except to use a knockoff of the song performed by someone else, because then you're only paying mechanical royalties, and that's much cheaper. And I've heard guys mimic hit songs so well it would be hard to tell the difference.

But if you scour the net at places like CDBaby and YouTube music videos for good songs by unsigned artists, 99% of the time they'll be quite happy to let you use a song of theirs for free as long as you credit them. Never be afraid to ask, because small guys like myself see the value of free advertising. Word of mouth is still everything in business, and the more exposure a tune gets, the better. If you just explain your situation, that your not some big company making tons of money from films, most independants will be glad to help you out. After all, some day you might be the next Hitchcock or something, and then you'll remember that nice band that let you use their songs for free way back when, and want to use them in a good paying production one day. The small guys have to help each other out if they're ever going to get anywhere, and I think most will if you just ask.

By the way, I collect old historic speeches that are in public domain, and last year I started selling a CD of what I considered to be 25 of the very best of them through CDBaby on the internet, and I made it clear in the liner notes and on the website that anyone who buys the CD can use any recording on it for any purpose, including motion pictures, as long as they didn't try to simply resell the songs. I haven't made a lot on it, but I HAVE made around $1500 so far, and a couple of the recordings (one in particular by an English artist) are going to be used in upcoming feature films, though nothing with a high budget. It might seem that I'm giving the house away, but I'm hoping these guys will remember me when it comes time to do other films some day, and then it might pay off.
 
You must log in or register to reply here.
Back
Top