Copyright Minefield

[michaelstipefan777]

now work that in reverse what do you do if someone has used your audio in their videos

[Eliseharris]

You should submit a copyright claim - as long as it is really your audio and copyright the other person will have it taken down. Unless you have told Youtube you want to handle it in another way.

[Larkvall]

I don't know how to write music....

[Eliseharris]

Then find someone to collaborate with or use some Creative Commons stuff!

[Larkvall]

Oooohhhh okay!

[CampKohler]

If you write the music and have an artist record it for hire, i.e. you pay him for his work and not for his recording of the song, you will own it all.

[Eliseharris]

Yes if it's your music and you pay session musicians for their time it is still all yours. However, if you get someone to arrange it they probably have a stake in the royalties/copyright as well.

[CampKohler]

You pay the arranger the same way: pay for his time.

[Eliseharris]

Well every new arrangement is set up as a new copyright so if people want to use that new arrangement it will still be under copyright to the arranger. The arranger has rights to that arrangement for the same length of time as the original copyright holder. So the arranger might be happy to just get the money but they have rights as well.

[CampKohler]

An arranger is just like anyone else. If they agree to be hired to do your work and the terms of the employment are that you keep the rights, then the arrangement is yours. Of course if he doesn't want to do this, you get somebody who will. It's all negotiable.

[theboombody]

There are so many blatant copyright violations on youtube it's astounding. Lots of videos I like are violations. What confuses me is the Angry Video Game Nerd. He never gets in trouble, and he didn't make all those games.

[Eliseharris]

It all depends on whether the copyright holder wants to make something of it and whether they want Youtube to collect revenue or delete it! So many variables.

[theboombody]

Yeah, but if its in the public domain, no one holds the copyright. Anyone can use it at any time for any reason. Anyone can put up a video of them doing a cover of Twinkle Twinkle Little Star, because no one can collect royalties on it.

[Eliseharris]

Well public domain stuff is not under copyright any more - usually because the creators are long dead, so it's a different situation. If the creator died under 70 years ago or someone else somehow owns the copyright and is clinging on to it then you have to pay them or do whatever it is they require of you. If the creator is still alive you almost certainly have to credit them or pay them or both. Unless they have a Creative Commons licence on it. In which case check individual provisions.

[Eliseharris]

And if the copyright holder finds out, of course!

[Thoughtland]

Well I've done Lewis Carroll and Danny Boy. Both are really old source material. I wonder if they'll get me into trouble.

I've done slideshow videos using public domain photographs and that website only asks that you put a link in there.

With hindsight if Jabberwocky and Danny Bow are an issue I can delete them and do something else. I just don't need any grief.

[Eliseharris]

You are usually all right if the writer or composer has died more than 70 years ago. Fortunately both your examples are out of copyright. The lyricist for Danny Boy died in 1929 and the tune is traditional (a Londonderry Air) and Lewis Carroll died in 1898. You have to be careful with some things though (the Happy Birthday song writer died a long long time ago but it's still in copyright - as I said in my Happy Birthday video!)

[theboombody]

I'm pretty sure Lewis Carroll's stuff isn't public domain because somebody bought the rights to it after his death. Public domain stuff is usually old things that aren't famous in the least. You can use public domain stuff any way you want without giving anybody credit, but it's probably good to credit somebody out of courtesy. I credited what I used in the video description instead of the video itself.

[Eliseharris]

It's on Project Gutenberg as being not copyrighted, and free to use. Even the person that would have bought the rights after his death is very likely dead by now., Like I say it is always best to double-check as there are so many things that stop you using stuff! If in doubt don't use it, I suggest.

[theboombody]

You sure the rights aren't owned by some publishing company or other? The book is still sold quite a bit.

[Eliseharris]

I believe if any publishing company wants to publish they can - though I have heard the original illustrations are still not in the public domain so new ones would have to be commissioned if someone wanted to publish an edition.

[philipstorry]

If you take a picture of a picture, you don't own it.

You should research "fair use". It gets tricky, and it's the kind of thing that lawsuits are made of.

A picture of a picture is a form of copying, and should be avoided unless you have deep pockets and good lawyers!

[DrPEPPER2016]

Oh shutup. You fail at life.

[keenboy1310]

Everybody hates you, don't take this out on elise. It's not her fault, it's probably because you smell or insult people like so... Perhaps both.

[m0nde]

excellent explanation and analysis. good job, brah.

[Eliseharris]

Thanks. So many people have been deleted lately and I thought a few guidelines might be helpful.

[Eliseharris]

You own it if you take a picture!

[komikero]

I've got several videos with copyright issues on them. Most of them I've put on private or deleted altogether. In one particular video I'm scratching my head. I was just talking and a radio was playing a song next door. That was it. Copyright violation.

[Eliseharris]

Oh no! It shows how careful you have to be. It's so easy to do these things unwittingly.

[MadBadVoodo]

Five Stars My Friend!

[Zoot101]

There's actually a way to get your audio back if your video gets muted. The top hit for a guide is on the channel wolf003227.

[Eliseharris]

Thanks. I deleted the one in question ages ago though as there was no way to even access it to change audio.

[TheSumosammy]

Your amazing

Well said..your offically my new friend:D

[Eliseharris]

Hello friend!

[lapislazuline]

yes but every bit of music anyone makes is nicking ideas from previous people it,s

money grabbing tripe....a bunch of king canutes trying to stop the tide

[johnswackyworld]

long live our youtube music savor kevin!!

[Eliseharris]

Indeed - finding music would be hard without him!

[jamiehasnomercy]

its weird you should report about this i just got a screen come up before the main page telling me to delete 2 of my Vids. i still have 5 as matched but the copyright panel tells me not to do anything about it! also i had a video on private and that was picked up on to as well. the thing i cant stand is that you cannot seem to contact these companys easyily through youtube, i sent a message to a company about my private one saying i was not broadcasting it but have still not heard anything back!

[jamiehasnomercy]

oh and audio swap! i swapped the audio and the same company that cliaimed copyright still claimed it as theres!

[Eliseharris]

It's an incredibly flawed system! Good luck anyway. Hope it all gets sorted.

[Larkvall]

Hey Elise!

[Eliseharris]

Hey!

[Larkvall]

How is the wheat going? Are you still okay?

[Eliseharris]

So far! I have a lot of anti-histamines anyway!

[blackturtleshow]

My understanding is that Fair Use protects the use of short excerpts from video and audio sources for parody or commentary purposes. For instance, a fifteen second clip taken from a movie, tv show, or even another YouTube video should be permissible as long as it is recontextualized in some legitimate manner. There's a lot of gray in this regards and some people tend to use "excerpts" that are way too long (YoungTurks, for instance), but don't seem to get called on it.

[Eliseharris]

Yes it's occasionally OK - but as it is such a grey area I would tend to steer clear of it altogether!

[itsallartdarlin]

Blimey! This truely is a minefield!

Out of curiousity, how are you punished whether it be innocent trespassing or not?

[Eliseharris]

There is a three strikes rule on Youtube - though many people seem to have been closed down after just one - whether or not they are actually guilty. Still, if you can prove innocence there is a chance the channel will be reinstated.

[dedicated2WHOiLove]

And what's bad, is if a person opens an account with an e-mail they forgot. You can't even ask for reinstatement from Suspension and are in limbo forever on that account.

The only thing you didn't touch upon, is that a Suspended account is effectively dead forever until you tap dance and jump through hoops for Google as shown on some Help videos.

I was under the impression that in 6 months I might be able to magically log-in again on my Suspended accounts. Not true. I have to hanker to Google

[Eliseharris]

Oh dear, I am sorry that's happening to you. I think the rules are never the same from case to case. Someone I know was suspended for six months but couldn't get his channel back at all after that, while others are only suspended for very short periods.

[xxxMrSuspendedxxx]

Well it's good that they discussed the glitch with you instead of raining hell down instantly.

I've heard that if I ever get my Suspended channels back they will be blank and it's only my user name that I'll be reclaiming, and if that's the case then they can sod-off then!

I do pray that Kevin McCloud doesn't suddenly ditch his free user-ship of his tunes and wipe-out your Vegetable series. But if that did happen, then YT would Suspend or Close your whole Channel like they did with me, maybe.

[Eliseharris]

No they didn't give me any warning or comeback - first I heard of it was when I got the email. It said I had to change the music but there was no way I could as the whole video was frozen. Had to delete it. Very wary of audioswap now.

[Brainiac1056]

... almost forgot. Great informative video. :)

Thx!

[Eliseharris]

Thanks. I hope it helps some people a bit - though it really is a minefield and you have to be so very careful.

[Brainiac1056]

There is also "free" music you can buy in your local music store. We use a lot of that, making radio.coms. Just ask in your music shop. Images and video (whith or without sound) is generaly a no no.

There is also a lot of "free" pics and vids you can use if you just CREDIT the maker. Use your search engine.

Noted: Itś rarely the artist that gets angry when you are using his/hers material, itś some company, who is acting "on behalf" of the artist.

If you want to be safe, make it your self! :)

[Eliseharris]

Yes it's usually the big companies that complain. Most smaller content producers are happy to let you use small bits of their work if you credit them and maybe link back to where you can find more of their stuff. The big companies can be very harsh, unfortunately. They don't always play fair.

[craigybus1]

Youtube are soft and spineless. The Lancashire Hotpots put a vid filmed by one of their girlfriends of them playing at Glasto & the BBC tried to claim it as theirs! It could clearly be seen as it was filmed on a camcorder....

[Eliseharris]

Yes this is another problem. When it really is your copyright some of the bigger companies still sometimes try to screw you over! All you can do is fight your corner if you have been falsely accused.

[ClampshellTheMighty]

top video 5*'s

[Eliseharris]

Thanks!

[Tinplz]

Good morning miss harris :D

Regarding copyrights: It's very rarely that the people who make the content that are active in upholding the copyrights and such. It's people who are so very righteous, for the sake of righteousness, that tattle and tell on people.

And They're Asses.

[Eliseharris]

In fact only the copyright holders can legitimately claim copyright. The others that sent false copyright claims are likely to get in trouble for doing so - though not before the people who they make the claims against have already got in trouble, unfortunately.

[Tinplz]

I don't see why the higherups aren't apt to spank the childish busybodies before punishing those who (are likely to have) trespassed by honest mistake?

[Eliseharris]

Well if someone has submitted a false claim against you you can counter claim - the person who has falsely claimed against you should be in trouble then. As I say it is a shame the person falsely flagged still has to prove their innocence. It is a very tricky thing - and it's quite harsh that the punishment is often given before there is any proof.