using youtube clips in songs_copyright issues

[melodymessiah]

i've been wondering about something, do i risk copyright strikes if i use short clips from youtube videos in my songs without asking for permission from the content owner or those appearing in the videos, and then upload it as my own work? how does this work?

paul

[VanderBoegh]

Sounds like copyright violation to me. Or intellectual property theft. Yikes! My advice is not to do it.

What are you using other YouTube clips in your own works for in the first place? If it's a legit-enough reason, you might be able to simply reach out to the content owner and see if they'll approve it?

~~Matt

[melodymessiah]

well i doubt if i would ever be able to get a hold of the person in the video, and if i did he/she would probably say no. here it is anyway. sorry, just couldn't help myself
https://www.youtube.com/watch?v=_ZtOz-KKMhI

seems like someone already has used stills from the video and putting music to it:
https://www.youtube.com/watch?v=iCyB031X9e4


paul

[melodymessiah]

i know that, but doesn't the content owner need permission from all recognizable people in the video to publish it? and if he doesn't need permission, why would i need permission from the content owner to use clips from it?

[melodymessiah]

makes perfect sense, thanks for your reply

[VanderBoegh]

It's been a while since I've taken a mass-media law class, but from what I remember of my college courses concerning this topic (back in 2001 or so.... long before social media and YouTube), as long as a video is filmed in a public location there's, no expectation of privacy. Game Stop would qualify as a private location though, so this seems to infringe on that, and I don't know if it's necessarily legal or appropriate to post videos like this. Happens all the time though, as we well know.

However, the guy who filmed it is the actual intellectual property owner. The person going crazy in the video is just the subject material being filmed. So, the content owner is the person with the camera, not the "talent", much in the same way an actor doesn't own the rights to a movie they appear in.

As much as we'd get upset if someone "stole" our music and put it to video without our permission, the same applies in this instance with someone else's video. It's simply not okay to take things without permission or payment.

So, in all of this, anyone who uses this video without express written permission from the owner would be guilty of copyright infringement. I think.....

Could be a great topic for a Taxi TV!!

~~Matt

[ResonantTone]

I made a lo-fi song from a youtube clip of a very old movie a while ago. (basically chopped up and messed around with the samples till they were almost unrecognizable in and of themselves, then layered stuff on top of it). Even though I really enjoy the song itself, I've resigned myself to knowing it will probably just be something for me and not something I'll ever try to pitch. There is just too much of a risk involved... and not just from actual legal issues either. I think the chances of an actual dispute is pretty slim, but even if the person I pitch it to thinks there could be a potential issue and passes it by because of it, it's a loss.

Sucks, but I still enjoy the song. https://soundcloud.com/resonanttonemusi ... 11/s-82PrF

Andrew

[Len911]

youtube will take them down if they get a complaint from the content owner.

however if you want to see what might go wrong: https://youtu.be/M-mdyjjCl64

boy band member gets older, changes his name to jeremy fragrance, reviews perfumes on youtube, uses content that isn't necessarily his, wins an award for his fragrance reviews from a fragrance organization, along with questionable go fund
me for a perfume he is to introduce, and fragrance community goes crazy and attacks him with plenty of other comment videos... It's almost like a made for tv movie. I stumbled on it when searching for a fragrance review,lol,
Personally, imo it's not so much about copyright itself but mostly what can happen to your reputation, which could practically be something much worse. hth

[melodymessiah]

wouldn't it go under fair use? i just found this from the copyright office. very interesting:
https://www.copyright.gov/fair-use/more-info.html

[Len911]

wouldn't it go under fair use? i just found this from the copyright office. very interesting:
https://www.copyright.gov/fair-use/more-info.html

Off Topic

using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item).

unless you are educating a technique in songwriting or composing, it seems pretty far-fetched.