How Do You Get Around Youtubes Copyright Infringement?
Posted by Copyright Law on July 9th, 2009 at 10:28am
I made a video with my friend last night with the theme song to Pink Panther playing in the background. Youtube, Facebook, none of these sites will let me post it because of the song in the background. Please don’t tell me to change the song, I’m not going to do that. But how can I get around all this copyright infringement stuff?
Tags: Around, Copyright, Infringement, Youtubes
Under copyright infringement
3 Comments for How Do You Get Around Youtubes Copyright Infringement?
1. Shannon. | July 9th, 2009 at 11:03 am
1) Go to “My Videos”.
2) Select “Resolve Copyright” on the video you are having copyright issues with. OR, go to the video itself and choose “resolve copyright” from there.
3) Scroll down and pick the option “I want to learn more about this dispute process”.
4) Scroll down and pick the option “Take me to the dispute form”.
5) Pick option #2 and PASTE the following statement into the text bar next to it;
“Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.”
6) Fill out the rest of the info on the page. Use your REAL name where it asks for it. Choose “Continue” when all information has been filled out.
7) Scroll down on the next page and select “Submit dispute”.
Within 2-3 minutes your video’s audio should be back!
If that doesn’t work write:
I am in no way associated with the content of this video, and in no form am I trying to take credit content shown.
2. inukjuak | July 9th, 2009 at 12:07 pm
Unfortunately for you, any music that’s not your own and which you
used in your video is considered “copyright infringement”. The huge
music/media corporations like UMG, Warner and Viacom don’t just
“own their music”, they also “own the rights” to them — that means
how and where “their music” can be publicly presented.
Thus, they’re seemingly 100% within their rights to claim the music
in your video as their own — especially if you have not paid them for
“distribution rights”, “licensing fees”, “royalties”, and/or “expressed
written permission” to use and “broadcast” their music on YouTube.
If you did use their music, that is considered part of the often-heard
warning: “Unauthorized duplication, reproduction, or retransmission,
whether in whole or in part, without the “expressed” written consent
of [company name] is strictly prohibited. All rights reserved.© ” The
main concern they have isn’t really you, but other people who could
conceivably download, copy or just plain listen to the music for free
and always “on-demand” (whenever they want, no commercials, no
“talk-overs”, unlike radio), without buying it. The other fear that they
may have is that your vid could also be tarnishing the artist’s image.
Even if you gave credits to the song, the artist and/or the label, that
should never be construed as an excuse or justification for you and
really YouTube to “break the law”. You could contest their blocking,
trying to claim that your video is for “personal use” only, but the big
corporation lawyers could ask some intriguing questions of you like
A) why did you upload your vid to YouTube; B) why did you, in their
minds, rip off “their music”; and C) how did you acquire that music?
Even if you bought it legally (and can prove it!), that does not entitle
you to, in their eyes, “distribute” it illegally for free — or to have your
video potentially come across as though you may be a commercial
agent or official representative of the record label.
If you are willing to take the chance and reupload your vid using the
same music, don’t write the names of the song or artist in your title,
description or tags. Also, avoid irrelevant phrases like “no copyright
infringement intended”, “I do not own the music” or “I don’t take the
credit for this song”. There are 2 key reasons for this: 1) YouTube’s
servers actually seek out song titles, artists’ names and sentences
like those. 2) That would be “admitting publicly” that you knowingly
took, used, copied, duplicated or perhaps even “stole” an artist’s or
company’s copyrighted material. In other words, you would actually
be stupidly “incriminating” yourself.
You should also consider the fact that the music-recording industry
is starting to use secret “watermarks” or “fingerprints” buried within
their music, so that they can uncover/identify their illegal use. Thus,
it is possible that no matter how many times you try to upload your
video, it may always be rejected because of “copyright infringement”.
You’d thus be better off trying to find a different version of the music
you want to use, preferably without “DRM encoding” in it. If you are
interested in doing something different, put a microphone in front of
a speaker and record the song as an analog WAV file instead of as
a digital MP3.
The only possible exception to what I’ve written above is if you were
to use music that is shorter than 30 seconds in length. If you listen
carefully to any talk-show on radio or T.V., whenever they introduce
a guest (or go into/out of commercials), they’ll never use or perform
other people’s music for more than 30 seconds. Can you guess the
reason? (Hint: it has to do with “licence fees” and “royalties”.)
I hope my info has been helpful to you.
3. music1 | July 9th, 2009 at 11:00 am
due to an entire group of people growing up and thinking that anything they can steal from the internet is “free” the music business has been hit the hardest. Its very easy to blame the rich multi national companies that own copyrights, but what you don’t know or see is all of the writers and producers and copyright owners that are not “superstars” who’s livelihood is being sucked away. People who would never steal a CD from a store don’t think twice about stealing it online, then putting it on every video they can make and sending copies to all their friends. And “fair use” has turned into a catch-all for companies wanting to take a song and use it to sell something. The fair use or “ephemeral” rule was designed to protect mainly news organizations in reporting or filming only incidentally, copyrighed music becuase it is in and part of the story! Its not meant to allow anyone to use any piece of msuic for any reason.
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