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easyrider

Vimeo and Youtube music copyright

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Can someone give me a basic run down on what it takes to keep copyright music in a video online? I've read the FAQ and policies of the 2 major sites and have had a song or two pulled but then notice other cool videos with copyright music not getting canned.

 

How do they do it?

 

Do i have to buy a better plan with theses services? Do i need to purchase rights to the song?

 

Any guidance is appreciated.

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you didn't use the right copy - obviously

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Thanks for the robust and informative reply Woody.

 

Anyone else with a little more detail?

 

 

The front page had this awesome Vimeo video with fully copyrighted song. How does it not get booted?

 

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I am not a copyright lawyer but have done some consulting in the space so take what I'm about to say with a grain of salt.

 

Short answer it depends.

 

Long answer, unlike when you reproduce a recording, download it, or stream it, there is not a predetermined mechanical royalty structure in place. In these cases the royalty amounts are statutorily defined and the collection and distribution of royalties is handled by third parties like Harry Fox. Nor are there the structures in place to collect royalties on the live performance of a copyrighted work. The rights to play music like this is covered by a public performance license that is typically held by the venue and typically covers their playing of prerecorded works and any live acts. The collection and distribution of royalties is handled by third party Performing Rights Organizations (BMI and ASCAP are prime examples) who count as their clients music publishers. The PROs collect data on live performances, collect from venues, and distribute to publishers.

 

Whereas both mechanical licenses and live performance licenses are (to a point) automatically granted, what you would need to be in the clear is a synchronization (sync) license, which gives you the right to sync a copyrighted piece of music with a piece of film or other moving picture. These licenses are much more difficult to obtain as they must be individually negotiated with both the owner of the master and the owner of the composition itself. What's more, given that the video will be broadcast to the public, you technically also need a public performance license.

 

Given how onerous this is, the vast vast majority of non-professionals posting videos to Youtube and Vimeo never obtain said license. As a result they are not in compliance with copyright law. The one way around this is if Youtube and the songs publisher have entered into license agreements that allow the use of copyrighted material in exchange for a piece of the advertising revenue that video earns. A lot (most?) mainstream copyrighted works fall under the umbrella of these license agreements. On Youtube, the system used is ContentID, and it automatically determines if there is a copyrighted work in your video and then will serve ads on that video to generate revenue for the rights holder.

 

I'm going to assume you're trying to upload something on Youtube, if that's so, it may simply be the case that the music you are using is something the copyright holder does not want to be reproduced. There are some workarounds but ultimately the easiest thing to do is swap out the song you are using. You can use the Audio Library tool in Youtube to find a free work or the Music Policy tool to see the current rights status of whatever works you're using.

 

Hope that helps.

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CDBaby has excellent info on this.

The short answer from a friend who works at ASCAP is that a Sync License is required from the publisher. Otherwise the copyright holder of the music owns everything (including all ad revenue) and, if a take-down notice is filed, it must be granted.

Of course, in real life, it doesn’t quite work as it should but it is supposed to.

The good part is that, with a proper Sync License, the video producer is entitled to some of the advertising if any exists.

 

Good luck!

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Lots of royalty free music out there. Some of it comes from subscription services but some of it is actually 100% free. Google "royalty free music."

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Thank you fast bottoms.

 

Here is a scenario. My father likes Sinatra. I create a little video of him doing something like sailing or model airplane flying. If i inlay a bit of Sinatra music and post to youtube, it may get flagged and pulled. I understand why. But I see other great videos using big artist music that doesn't get pulled. Is there a higher level of youtube / Vimeo membership that I can purchase that allows this to be done? I.e., embedded copyright music within my video for certain sections, not purchased as a mass overlay.

 

I'm sure this bores some of the more skilled but it is something I cant seem to grasp how others do exactly what i wish to do but I receive the big brother buzz kill.

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you didn't use the right copy - obviously

 

 

I am not a copyright lawyer but have done some consulting in the space so take what I'm about to say with a grain of salt.

 

Short answer it depends.

 

Long answer, unlike when you reproduce a recording, download it, or stream it, there is not a predetermined mechanical royalty structure in place. In these cases the royalty amounts are statutorily defined and the collection and distribution of royalties is handled by third parties like Harry Fox. Nor are there the structures in place to collect royalties on the live performance of a copyrighted work. The rights to play music like this is covered by a public performance license that is typically held by the venue and typically covers their playing of prerecorded works and any live acts. The collection and distribution of royalties is handled by third party Performing Rights Organizations (BMI and ASCAP are prime examples) who count as their clients music publishers. The PROs collect data on live performances, collect from venues, and distribute to publishers.

 

Whereas both mechanical licenses and live performance licenses are (to a point) automatically granted, what you would need to be in the clear is a synchronization (sync) license, which gives you the right to sync a copyrighted piece of music with a piece of film or other moving picture. These licenses are much more difficult to obtain as they must be individually negotiated with both the owner of the master and the owner of the composition itself. What's more, given that the video will be broadcast to the public, you technically also need a public performance license.

 

Given how onerous this is, the vast vast majority of non-professionals posting videos to Youtube and Vimeo never obtain said license. As a result they are not in compliance with copyright law. The one way around this is if Youtube and the songs publisher have entered into license agreements that allow the use of copyrighted material in exchange for a piece of the advertising revenue that video earns. A lot (most?) mainstream copyrighted works fall under the umbrella of these license agreements. On Youtube, the system used is ContentID, and it automatically determines if there is a copyrighted work in your video and then will serve ads on that video to generate revenue for the rights holder.

 

I'm going to assume you're trying to upload something on Youtube, if that's so, it may simply be the case that the music you are using is something the copyright holder does not want to be reproduced. There are some workarounds but ultimately the easiest thing to do is swap out the song you are using. You can use the Audio Library tool in Youtube to find a free work or the Music Policy tool to see the current rights status of whatever works you're using.

 

Hope that helps.

 

 

CDBaby has excellent info on this.

 

The short answer from a friend who works at ASCAP is that a Sync License is required from the publisher. Otherwise the copyright holder of the music owns everything (including all ad revenue) and, if a take-down notice is filed, it must be granted.

 

Of course, in real life, it doesn’t quite work as it should but it is supposed to.

 

The good part is that, with a proper Sync License, the video producer is entitled to some of the advertising if any exists.

 

Good luck!

 

That's 2 people explaining to you - what I meant by what I said

 

you don't seem to understand

 

If you are composing a video you Really should NOT use content w/o permission

 

It's the Owner of the content that doesn't want you using their work/property w/o compensation

 

You likely would not be happy if sum musician used parts of your video w/o credit / compensation +/or permission

 

but keep asking

 

You used the Wrong Bands Music & they are on top of it

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Thank you fast bottoms.

 

Here is a scenario. My father likes Sinatra. I create a little video of him doing something like sailing or model airplane flying. If i inlay a bit of Sinatra music and post to youtube, it may get flagged and pulled. I understand why. But I see other great videos using big artist music that doesn't get pulled. Is there a higher level of youtube / Vimeo membership that I can purchase that allows this to be done? I.e., embedded copyright music within my video for certain sections, not purchased as a mass overlay.

 

I'm sure this bores some of the more skilled but it is something I cant seem to grasp how others do exactly what i wish to do but I receive the big brother buzz kill.

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Thank you fast bottoms.

 

Here is a scenario. My father likes Sinatra. I create a little video of him doing something like sailing or model airplane flying. If i inlay a bit of Sinatra music and post to youtube, it may get flagged and pulled. I understand why. But I see other great videos using big artist music that doesn't get pulled. Is there a higher level of youtube / Vimeo membership that I can purchase that allows this to be done? I.e., embedded copyright music within my video for certain sections, not purchased as a mass overlay.

 

I'm sure this bores some of the more skilled but it is something I cant seem to grasp how others do exactly what i wish to do but I receive the big brother buzz kill.

It's a crap shoot. Sometimes you can get away with it, sometimes you can't.

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Sinatra you can't.

 

You can't even upload a YouTube vid privately and just share a link privately between family & friends with a Sinatra soundtrack. Your old man isn't the only fan, and there is an entire industry dedicated to marketing AND protecting the royalty rights of deceased artists.

 

Cue Fred Astaire dancing with a Dirt Devil.

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Sinatra you can't.

 

You can't even upload a YouTube vid privately and just share a link privately between family & friends with a Sinatra soundtrack. Your old man isn't the only fan, and there is an entire industry dedicated to marketing AND protecting the royalty rights of deceased artists.

 

Cue Fred Astaire dancing with a Dirt Devil.

 

I give up !!

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Haha to Dilligaf.

 

 

 

I'm not attempting to steal from artists. Unless its Woody and his pictures of floppy hats and low hanging .... He's still pissed I sent his pics to Broadsdogsandfrogs.com

 

To be clear, I don't wish to "steal" from artists. I didn't use Napster and even lectured my then young teens about artist rights.

 

I am just trying to: 1) See if/how others are doing it legally, and 2) if there is a pay for play system I can be part of where I can insert certain tunes and not get yanked.

 

Starting to sound like a broken record so I'll bow out but thanks to all who played and helped with solid information.

 

Cheers

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A few years ago I made a video of drone footage of my YC's Santa Claus parade. For music I used a track recorded by my 6 yr old grandson singing christmas come to town acapella (sp?). The production was very good ( daddy has access to studio). A real hit with all the moms and grandmoms in the club. Within days of posting to you tube I got some nasty emails from some publishing company saying I had no rights to post my grandson performing their song on you tube. I contacted the composer ( Alan Silvestri) directly to ask WTF. Never got a response so said f!?k em. If the compser/talent saw the bulk of any revenue I would be more sympathetic. In reality it is the blood sucking leeches of the middle men that get the cash so the hell with them.

Could it be that Vimeo does not serve ads so no money in it and therefore no interest from the leeches?

 

YMMV

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Crush- Thanks for the info on the Youtube Audio Library. I'm starting to do some more work with videos and it's great to have any possible resources for music.

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Hi,

Here's how the YouTube copyright algorithm works:

YouTube has a database of millions of music tracks uploaded by the copyright holders (production companies and distribution companies), this database is called 'Content ID' and it works in the same way than SHAZAM application.

When there is an unauthorized use of a track, the system detect it and warns both the copyright holder and the video publisher, so the  copyright holder can decide to block the video or to monetize it. So when the video is not blocked it is because the video is monetized or because the music is note in the database.

I don't know if there is a way to know if a song can be used (monetized and not blocked), but you can use royalty free music, and there is hundreds that are free to use in non commercial context..

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I have no idea what I’m talking about here so take it with a grain of salt. My observation on You Tube is often in the “notes” on the video I’ll see a notation “song name copyright by xyz”. I don’t know if that is somehow sufficient acknowledgement to avoid getting chased but it seems common to me. This one also has a notation “Standard You Tube Lisc.” So perhaps they are in some royalty structure. 

 

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 Here's a hack. Download an instrumental version of a song. Try it in Shazam to see if it gets identified. If it doesn't, slap it in your video.

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