COPYRIGHT INFRINGEMENT

[Hollywood2NY]

Thank You For Another Way 2 Show Us How To Get Around That Hurdle

[ZoeToots]

He sure has! Back to use this again!!! ya, I know, I'm a broken record.

Happy Holidays to McD and H2NY!

[drivergeoff]

not workin for me

[ZoeToots]

Don't lie, DG..it did too! : )

[NJKatwoman]

I should have done that when YT offered me a partnership for my video, "Say Aaahh". They refused me because I used a Stephen Seifert tune behind the video. I had even emailed Stephen to let him know that I used his tune, and his music got over 6500 listens. People who had never heard of him, did because of ME! Thank you for this valuable information, TruckerMcD!!!

[TOMKNN]

Dude u totally rock!

[ZoeToots]

He does rock! Thanks for promoting his video too!!

[ZoeToots]

Back to borrow this again...ya ya..You rock!

[69rd96]

Wicked cool, I just tried it, and it worked!

[Bayonetskeelz]

Cool stuff. If they think it's tarnishing their image, screw them..... it's fun to make videos, who cares if you want to add music. My mother worked for the queen of court's bench here in canada for years, and stuff like this would never hold up in court if they tried to sue you. It's a joke really. I'm glad some people know the law and I'm even more glad people use it to their advantage.

[ZoeToots]

I finally have the chance to use this. LiL Zoe wanted to use Lollipop in her video..her first and it got MUTED! ugh! So, thanks again for doing this video!!

[TRUCKERMcD]

You're welcome Zoe and Lil Zoe

[ZoeToots]

Back again to share with ANOTHER youtuber so they can fix their video. Thanks again...how are you, mister! : )

[TRUCKERMcD]

Hey Zoe. I'm doing just great. I've been so busy this whole summer I haven't had much time to do anything other that truck! I had some really great runs to the Yukon near Alaska hauling asphalt. How bout You?

[950horsepower]

I can't think of ANY music that doesn't go well with truck drivers. Mr. Rodger's neighborhood?

The Battle Hymn of the Republic?

[950horsepower]

I totally agree with that. And I think this is exactly the way most artists feel about it. In point of fact, the music gets a free ride. It can be reused a million ways in a million videos, and simply bring the artist more fame and fortune.

>I would remove it

So would I. There is always the chance they will hate the video, or see it as tarnishing their image.

[TRUCKERMcD]

"There is always the chance they will hate the video, or see it as tarnishing their image."

True enough. For those that just put music in a video without a thought to how they are portraying the artist, they have good reason to want it pulled and should. I usually am inspired by the music I enlist and try to do it justice. I mean think about it. Who in their right mind could hate a video about truck drivers! wink...wink... lol

[950horsepower]

I know the PTO quite well. Fair use is a risky defense, not a clever stratagem. Oftentimes, if you just ask politely, the authors will grant you a license. If they say no, then you have your answer. I pay the artist for the right to use their music on YT, so there is absolutely NO chance of infringement.

Big companies have attorneys on staff, so it doesn't cost an arm and a leg to prosecute offenders. I wouldn't want them after me.

Just trying to be helpful. :)

[TRUCKERMcD]

Good advise. If they want me to remove there artists work and they feel strongly about it, I would remove it. To my way of thinking, the people that watch anything I'm putting on YT are interested in the video content and not so much the audio. They will ask me about the music at times because they don't know the artist. In such cases I'm promoting the artist and advancing their work. I know what you are saying though.

[950horsepower]

The mechanism is impressive, but I think that if you examine the content of those who actually produce copyrighted works, you will see that they do not infringe at all, and go out of their way to show that their work is their own.

Why?

Because they want to maintain their copyright. And they expect you to do the same. But if you don't make ANYTHING ORIGINAL, and rely entirely on other people's effort, then infringement doesn't mean anything to you, and the fair use defense is all you've got.

[TRUCKERMcD]

This isn't about using another's work and calling it your own or using it in a way that you will gain financially or materially. It's about using copyright material in a legal way. Much like a radio station will promote the artists works. Perhaps you should be directing your comments to the government body who make the rules, with regards to copyright infringement.

[593Films]

The other thing I worry about is that one of these big labels takes a YT user to court. I think they would do it even if they knew they would lose. The user would win but would still face lawyer fees in excess of $10-20,000!!!

[TRUCKERMcD]

You make a good point Tex. People making videos on YT who use copyrighted materials fall within the "air use" definition. As far as lawyer fees go, most if not all judges would, I believe, if asked, would make the loosing side pay the attorney fees of the winning side as a penalty for bringing such a frivolous case before them and wasting the courts time. The judge might even throw in damages for the other side as penalty and a deterrent for bringing future litigation of a similar nature. IMHO

[593Films]

Here's my thoughts on this so far: I'm still skeptical that this copyright act of 1976 still stands. Amendments have been made since. If you notice in Brians vid you copied, the vid he had re-instated is no longer available. Why? I don't know.

Typing in the legal language and submitting does bring the music back but that dosent mean the dispute is settled. It just means that the other party will now INVESTIGATE your claim rather than having Content ID auto-flag it.

I hope no one gets burned...

[rozeboosje]

Yes, I did something similar to this on one or two occasions.

[grlndklng]

Awesome! I am linking to my front page.

[TRUCKERMcD]

Cool. Thanks

[seansuth]

So all I need to do is copy and paste what you have in your discription box from "notwithstanding" to the end of "(4)" correct?

[TRUCKERMcD]

Yep. I don't know how that applies to a "Partner" though Sean.

[seansuth]

As far as I'm concerned seeings as how they have ads on my non revenue sharring videos from the past, the two that they've messed with, they best figure one or the other.

Thanks

[TRUCKERMcD]

It does mention commercial use in:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. So have a go at it.

[TimAlanPayne]

I've been using this for a couple months now and only once has it not worked.

[TRUCKERMcD]

I bet they just "HATE" us. He he he he.......

[TimberWolf212]

I've been using this for a while as well,...I did have one instance where I bump'd heads with YT. It was with a George Straight song called Run that I used on my Budweiser Clydesdale video! After all parties couldn't agree with everything. My video was muted again! So I just figured WTF & switched songs instead of going thru all of the channels & bumping heads! Kind of sad! Because that song made the video complete!

[TRUCKERMcD]

I know what you mean. Most, if not all of my videos start from a song that I really like.

[ZoeToots]

Thank you, McD!!! Good info!

[TRUCKERMcD]

Hope it help Zoe. Let us know

[dog12008]

great video

[TRUCKERMcD]

Thanks again Chris

[dog12008]

your welcome