YOUTUBE. I'M NOT STEALING MUSIC. CHILL.

CapFeb started this discussion · 10/2/2013

So. Anastasia can have a video of her dancing to Stay. Youtube doesn't freak out. I dance to stay. Youtube freaks out about copyright crap and "you have to pick a different song" like I didn't pick those specific movements for those lyrics, break beats, etc. How do you get around this? Can someone explain the rules to me, syllable by syllable? And also Facebook's policy as well? I just want to post a video where I'm dancing to a song without Youtube flipping a b**** about it. IT'S JUST MUSIC. I'm not being paid for my videos!

41 replies

shelbsy33 · 10/2/2013
Oh my god this is my biggest pet peeve!!! Mainly because when I do demos I have a song in the background which makes it "matched third party content" and none of my clients can view it on mobile. I've recently been putting "Music:What I wouldn't do - Serena Rider I do not own the rights to this song" etc in the description and that seems to help... now only 1/5 of my videos get flagged. I'm not really sure how or why it works (it drives me nuts) but so far that's working the best for me.. any other help would be awesome!
sonicXplosion · 10/3/2013
Great topic. I'm keen to see the responses. xx
Lina Spiralyne · 10/3/2013
@shelbsy33: Does it really help to write that you don't own the rights to the song? When I upload something that gets blocked (most times in Germany), the "matched third party content"-notification usually turns up immediately, so I just doubt that someone has had the possibilities to already inspect what's in my video and read my description. I totally agree that it's very annoying to get this message when you've worked on and completed something and I don't know of any site where you can check which audio tracks will lead to some kind of a block and which will not. So for now I think we'll have to do it the hard way meaning that you do a test-upload of a video with the audio track that you're possibly interested in before you actually start working to the piece. Make the vid unlisted instead of public so that nobody finds it since it's just a test. Then see if the video gets blocked in some country or on mobile devices. If yes, then I guess you'll need to consider choosing some other song if it's important to you that you don't get a block on youtube. When doing the test, make sure that the volume of the song is high and that you include the whole track. Otherwise it can happen that youtube does not detect it and doesn't block and then you'll risk to get a disappointing surprise once you upload the real deal. Just saying. Unfortunately it's a bit time consuming to go through this, and that's also one of the reasons to why I skip adding music to most of my stretching videos.
Kira · 10/4/2013
urgh I hate this problem too. I normally upload straight to facebook if that happens but even FB pulled it down for 'copyright issues'. I disputed the claim on youtube by claiming it is fair use of the song (I did a lot of reading up about fair use copyright laws last night!) and my video can be viewed now. It's not the perfect solution but that's how a lot of cover singers/dance performances etc. get over the initial hurdle
shelbsy33 · 10/4/2013
I've also heard that you have to "dispute it". Which is not something I want to do everytime I post. I think I get frustrated because I'm not sure how it's done and what the actual problem is. Like Lina said, I've uploaded and within 3 seconds it's been flagged, though there is only a song on in the background, or just the instrumental version. Thanks for the help though!
CapFeb · 10/4/2013
Mm...I haven't bothered trying to dispute because YouTube was scary and was like, "this isn't a joke, we'll flag your account of you dispute and we don't agree with you. " but I'll try it now.
Lina Spiralyne · 10/4/2013
CapFeb - Was youtube really scary? To me they've never said anything other than "your video has been blocked in xxxxxx". About mobile device blocks they don't say anything, they just do it anyway.
PippiParnasse · 10/5/2013
Don't worry, there's totally a way around this! Here's a great little hack I learned from some friends in the biz. All you have to do is write a really great song, arrange all the instrumental parts yourself (if you want to be sure you don't have to share songwriting credit), hire professional musicians to rehearse it, find and pay for a recording studio, a producer, and sound engineers--if you're only recording one song you should only need them for a few days--hopefully you can do the recording itself in a day but it might take more depending on how well-rehearsed everyone is and how many overdubs you want to record (and don't forget you're still paying the musicians through all of this), then hire an engineer to master the recording. It'll cost you a few grand, but that's way less than the original musicians had to pay (in the form of recouping their expenses to their label) to create the recording you're using now. Of course, they'll never be able to pay that money back anyways since people keep publishing their music without paying for it (as opposed to stealing it, which is obviously different), so who's keeping track? Sorry for the sarcasm, as an ex-musician I couldn't help myself. ;) I do understand your frustration though, it is aggravating when they keep changing the licensing contracts around so we don't know what to expect. What's fine one day can get taken down the next if they renegotiate, and it's hard to navigate without a degree in intellectual property law (which I totally don't have--just an artist who's gotten burned by the devaluation of music).
TrixieLovett · 10/5/2013
Just a question: Have you paid ASCAP and BMI so you are able to use the music legally?
Krista Bocko · 10/5/2013
What do you mean, Trixie? I've only had music pulled when I announce the artist. If I announce the song title it may be blocked on mobile. I try to stay generic in descriptions.
CapFeb · 10/5/2013
After my video was flagged I thought about disputing. Is only scary if you diSpUte. But I'm afraid of the law. So that might be why
pegasusaerialfitness · 10/6/2013
You legally have to pay for the right to use any music in almost any situation except your home and car. This is Very simplified...but I have to pay for the rights to play the radio in my Pilates and Aerial fitness studio while classes are being taught. They are some exceptions to this very complicated issue.
Krista Bocko · 10/6/2013
I get that...but I thought we were talking about just playing music for personal dancing, which is why I wondered why paying fees to BMI and ASCAP was brought up, because I thought I was missing something.
pegasusaerialfitness · 10/6/2013
If you are not making video of it, and you are doing it in your own house..that's fine.. It's obsurd. I know..but that's the notice I got. I'm trying to find a loop hole in it.. But haven't found one yet. If you send me an email I will forward you the information I was set. [email protected]
Kira · 10/6/2013
http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use I really don't see what the problem is when you just want to share a video of you appreciating a piece of music if you have already paid for it. There clearly is no intention to profit from it and you respect the music (by choosing to dance to it, it obviously connected to you which is what the artist wants in the first place). Sadly there are people out there forever looking for loop holes to exploit copyrighted material which is probably how we ended up with such a strict law. Just my opinion
fairusetube.orgDeciding if Video is Fair Use
pegasusaerialfitness · 10/6/2013
I think you might misunderstand me Raven... I am only trying to find a loop hole for having to have to pay the companies that are saying you have to pay them to play your radio or your iPod. (which are songs I purchased) at your fitness studio while you have clients. And honestly, I would suspect that the artists and the companies that have produced the music are the ones who have implemented this law.
pegasusaerialfitness · 10/6/2013
I think you might misunderstand me Raven... I am only trying to find a loop hole for having to have to pay the companies that are saying you have to pay them to play your radio or your iPod. (which are songs I purchased) at your fitness studio while you have clients. And honestly, I would suspect that the artists and the companies that have produced the music are the ones who have implemented this law.
pegasusaerialfitness · 10/6/2013
Dear Ms. Deausen, I recognize that you are a fitness studio. We license group fitness as a part of our dance school license. There are hundreds of licenses that we offer, all of which whose rates are significantly higher. This is the license that best fits your business. I understand you may have never heard of ASCAP or music licensing, therefore, I will attach several links that you can use for your research. ASCAP is a performing rights organization that has been operating since 1914. We represent over 450,000 songwriters and more than 8,000,000 works. Under the U.S. Copyright Law, copyright owners are granted a number of exclusive and separate rights. Among them are the rights to perform music publicly, whether live or via mechanical means, such as compact disc, tape, radio, video or other methods, the right to record music and distribute copies of music. Music that is purchased, rented, downloaded or otherwise distributed to the public does not carry with it the right of public performance. Below are several links providing more specific information: Using Copyrighted Music Pamphlet http://www.ascap.com/~/media/655449c494b748ba89edc4864655e1b6.pdf US Copyright Law (We are mentioned Chapter 1, Sec. 114 3(c) or pages 4 & 55 http://www.copyright.gov/title17/ Dance Blog on music licensing (good wording from a studio owner) http://thedancebuzz.blogspot.com/2011/01/studio-owner-buzz-music-licensing-faq.html *If you are the owner of a business that incorporates music, the responsibility to obtain a license falls upon you as clearly defined by Congress and US Copyright Law. The annual licensing rate for a studio is determined by the amount of students and the type of dance. I will follow up with you in one week to give you plenty of time to review this information with the appropriate person. Sincerely, Alexander I. Ashworth Licensing Manager American Society of Composers, Authors, and Publishers (888) 684-6086 Office (615) 691-7016 Fax [email protected]
copyright.govCopyright Law of the United States | U.S. Copyright OfficeCopyright Law of the United States
pegasusaerialfitness · 10/6/2013
Here is the email I received. Sorry for the length
Krista Bocko · 10/6/2013
just gotta say...thank goodness for youtube, as opposed to fb! I uploaded a short video to fb--twice--and both times it was taken down due to copyright violation. Youtube has NEVER taken down one of my videos.
pantherchild · 10/7/2013
Oooh ooh, a topic I can comment on. Some background: I work at a music company and this is a topic that my department deals with loosely. I can give you more details if you PM me. Or find me on Facebook. Here's what happening on YouTube. YT has a catalog of songs and artists who have set certain 'permissions' on their music. Some say 'anyone can use my music'. Some say 'you have to show ads on anything using my songs and give me the profit'. Some say 'no one may upload my songs. Remove them if this happens'. There's more granualr permissions, but that's the jist of it. So, they have a system that 'listens' to your music when you upload it and it matches it to the catalog of songs that they have. When you give 'clues' to the song (title/artist) it can make their job easier. Then, they take the action they've been instructed to by the owner of the copyright. This is a money thing. Artists need to make money from their music and if they're not licensing their stuff to you and you're just using it...then they're not making money. If you upload the video to YT, it's no longer 'personal use'. You've put it out there in the world and have the potential to make a profit from that. It's now a public performance (think about that for a minute--any video you post to YT is a public performance.) If you're making money and not giving to the artist that made the song (or their record company, but we'll pretend that doesn't happen), then that's kind of a bad situation. ASCAP, BMI, Sentric, and the Canadian versions which escape me at the moment work to collect royalties on music and hold them for the artist. So, you license music from BMI for a fee and they hold that money until the artist comes to collect it. It's crazy fascinating. The stuff that we can do these days is so impressive. And, like Pippi said, if it's something that upsets you, set down and write your own. Or, even better, find a local indie band and dance to their music. Contact them and see if they'd do a cover of something you love. Work with your local musicians to make something unique. Hope that's useful!
Meg Smith · 10/20/2013
I have found a way. Tad naughty but it works. Find cover versions or remixes on YouTube and use them. Pref ones wil lower views. As YouTube has a system automatically picking up copyright music. Or go onto jamendo website. It's people uploading copyright free stuff (conditions vary to each track/artist) hope this helps :-) xx
Meg Smith · 10/20/2013
I have found a way. Tad naughty but it works. Find cover versions or remixes on YouTube and use them. Pref ones wil lower views. As YouTube has a system automatically picking up copyright music. Or go onto jamendo website. It's people uploading copyright free stuff (conditions vary to each track/artist) hope this helps :-) xx
PippiParnasse · 10/20/2013
FYI royalties are owed on cover songs as well. Because when we're talking about rights to a song, there are actually 2 different products: the recording of the song, and the songwriting. (You can think of this as sheet music, like you would play on piano or guitar, but even if there is no sheet music published the person who wrote the song still owns it.) So if you are a band and you play a cover song, even if you're indie and don't care if people broadcast your recording for free, you still have to play the songwriter for that. For example, if Neil Diamond wrote a song, and Metallica covered it (haha I know), and local indie band was like "We're gonna cover this awesome Metallica song," they would still owe money to Neil Diamond, not Metallica. That was a long explanation to say that publishing cover songs without paying is still stealing from the songwriter.
Meg Smith · 10/20/2013
Yes I know that's why I said it's naughty but it works. You tube does not notice you have any music on your video etc so can upload and be viewed anywhere....

Load more replies (page 2 of 2)