PDA

View Full Version : YouTube and copyright information



garyg
02-17-2012, 08:37 AM
Okay I've been wondering about this for awhile and posted and read some earlier threads. Yesterday I got one of those "matched third party content" messages, which was opaque as hell and there were no instructions about what to do anywhere (it turns out that you click on it but it doesn't look like it's a link). At any rate, after asking the YT forum for help someone pointed me to this great reference re. YT actions, which I thought others might find useful
https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals#content-id

cheers, g2

hoosierhiver
02-17-2012, 08:59 AM
YT has a forum?

garyg
02-17-2012, 09:04 AM
YT has a forum?

If you go to the bottom of the help page you'll find this link http://www.google.com/support/forum/p/youtube?hl=en
where you can ask a question and you'll get a response via email. There wasn't a "warning" category so I just went to the "uploading videos" category and entered my question. Got two quick and very helpful responses. cheers, g2

itsscottwilder
02-17-2012, 09:21 AM
YouTube will flag a lot of videos that way. That doesn't mean that anyone is in any rush to have it taken down.

I think very few people who post covers really understand how what they're doing relates to copyright and fair use.

I encourage anyone who does youtube covers to understand the standards of fair use and explain how your video meets the fair use guidelines in your youtube video info.

http://www.copyright.gov/fls/fl102.html

http://socialtimes.com/fair-use-youtube_b61891

It's not enough to say "Fair Use". The doctrine of fair use must "clearly apply" to be used legitimately.

garyg
02-17-2012, 11:49 AM
Thanks for posting those links Scott, but I didn't find that material particularly clear with respect to youtube. My song is an "interpretation" of another work on a totally different instrument with different chords (although the same lyrics), it's not for sale nor could it possibly affect sales of Dead albums. Given those criteria, it should never have gotten flagged and I do think that youtube is being way overzealous in it's mechanized copyright infringement detection. But then again I don't want to get sued either <g>. It's very amusing to me that my two songs are from the same album and one got flagged and the other didn't. Sheesh. cheers, g2

itsscottwilder
02-17-2012, 12:05 PM
Thanks for posting those links Scott, but I didn't find that material particularly clear with respect to youtube. My song is an "interpretation" of another work on a totally different instrument with different chords (although the same lyrics), it's not for sale nor could it possibly affect sales of Dead albums. Given those criteria, it should never have gotten flagged and I do think that youtube is being way overzealous in it's mechanized copyright infringement detection. But then again I don't want to get sued either <g>. It's very amusing to me that my two songs are from the same album and one got flagged and the other didn't. Sheesh. cheers, g2

The sale status is only part of the 4th test.

The key test is these:

Test 1: is your recording "Transformative"? Is it substantially different in it's nature and intent. Since the lyrics are the same. You're video needs to be transformative in a way that goes beyond the lyrics.

So: if the intent of the original is "entertainment" than your version's intent needs to be different a la "educational"

Test 2: The nature of the work. Since a song might cross lines from non-fiction to fiction in the same song, you're probably on safe ground here. Non-fiction falls under fair use more than fiction.

Test 3: How much original content? You're work is what might called a reharmonization. But the work that your video is based on is still copyrighted. And uses most if not all of the original words. So music is original, words are not. Tough call but I'll side with you on this one.

That's why it's fine to reharmonize old classical songs, they are no longer covered by copyright. So every classical player pulls this trick.

4: Will your work substitute for the original? Here's a test where things get dicey. if someone goes searching for the Dead version and clicks on yours, an argument can be made that your work serves as a substitue for the original.

There are no hard and fast rules for fair use. It's very subjective. Just know that these notices are just that: notices. YouTube specifically tells you that there's no need for you to do anything.