HEY! Instrument Covers Are NOT a Copyright Infringement

UPDATE 27th FEB 09 - since posting this I have worked hard to make contact with various interested parties. I have been in personal contact with EFF and even the Personal Manager of Genesis and Phil Collins. (Cool, eh?!). I submitted formal disputes on four videos.

Anyway, four days ago, one of my videos was suddenly officially 'Dispute Successful'. Then two days ago, the other 'Dispute Pending's', suddenly vanished. They appear to have been successful as well. All my vids are back up. No copyright infringment claim anymore.

So, I THINK WMG and YouTube have decided that at least in the case of instrument covers, where a formal dispute has been lodged, the videos must be ALLOWED. Hip hip hoorah!

I have no idea what is happening to all the non-instrument cover type 'infringing' videos.


Warner Music Group and YouTube are fighting each other, and the result is that thousands of great amateur musicians on YouTube are having their educational, informative and instructional cover videos removed or muted. We are caught in the crossfire. This seems to me and to many others to be completely unreasonable, unjustifiable, senseless and incredibly sad.

Copyright Law permits the uploading of copyrighted material in cases where the upload is 'Fair Use'. There are three tests for Fair Use -

1. The video must not be 'for profit'. None of us make money from doing this. We do it because we love the acts we cover and because we love playing our drums / guitars / xylophones and triangles.

2. The video must be 'transformative'; that is the original work must be altered and transformed. Since our covers are covers, the original audio track is some 50% only of the new, uploaded cover - it is in effect in the background. Since we play the drums or guitar on top of the mix, often high in the mix, we have transformed the audio. Since our drumming / guitar playing is never 100% accurate, we have transformed the original. And since we put the video out there for the purposes of instruction, education, critique and discussion, we have transformed the original.

3. The uploaded work must not diminish the market value of the original work. Our work if anything adds value, and promotes the artists. The cover would have to be exceptionally poor to have the opposite effect. Many of our viewers go on to purchase the original material for themselves.

The community of YouTube musicians ('Living Room Rock Gods') rejects the notion that what we do is an infringment of copyright. We urge WMG and YouTube to recognise that our work is not an infringment of copyright, and that furthermore, what we do adds to the value of the original artists. We promote their work.

Please protest in whatever way you can. Spread the word. get involved. Are you are Lawyer? Then help. Are you a Journalist? Then get stuck in. We must move forwards on copyright, not slip backwards, like my clock......

Keep an eye open for a new website, jouxplan.com, so I can still show you these videos.

Thank you all for your incredible support over the last 18 months.
:-)

Category:

Music

Tags:

• Warner
• Music
• Group
• YouTube
• Copyright
• Infringment
• LRRG
• Jouxplan
• Alex
• Warwick
• Genesis
• Phil
• Collins

[DugriOfficial]

listen, i am a dj and i made a new mix, i uploaded to youtube and because of copyright claims it can't be played almost everyone except germany and israel and spain... but its my mix and its my version, that's similar to a cover and it is for non-profit use... do i have a valid reason for disputing the copyright claim?

[jouxplan]

@DugriOfficial I am not sure you do. There is a difference between what you have done and what a cover is. A cover (in theory) preserves the original artist's intent - it should sound pretty much the same. It is also educational. The only similarity with what you have done is that it is transformative. However, I suspect a new mix is simply TOO transformative, and the end result is perhaps so far from the original artist 'intent', such that the copyright holder might well object.

[lukaas1968]

jouxplan...take your drum set and be happy, many people do downloads in many share sites...this is ilegal...play songs and post here its estimulate many people to go away.congratulations, you are a great drummer and i learn to much things watching your videos.Thank you!!!



[jouxplan]

@lukaas1968 Thank you! It seems that most record companies and copyright holders are satsified with what I do, and they allow my videos - sometimes with adverts. So I am content. My only problem has been with Evergreen Associates, who have forced me to remove two Supertramp videos. Such a shame - but, in the end, they have the rights, and I do not. I count myself lucky that most of my stuff is allowed and stil on here :-)

[Pianistos]

Hi, I do piano covers of different songs. Some time ago I got a copyright strike for one of my covers and today I just looked at my account status and it was in good standing!!!

I don't know how it comes... I've sent email to the publisher but I never heard anything from them. I wonder if it is OK to do covers as long as you don't do it for money???

[jouxplan]

@Pianistos Hello, apologies for the delay in replying. One of two things has happened here - 1. Your copyright strike occurred 6 months ago and I understand that such things expire after 6 months, so long as you have not done it again, or 2. Your email to the publisher had a rather astonishing effect!

Whilst money is an issue, it does not matter that what many of us do on YouTube is not for money - we still all breach copyright with these vids and it is up to the copyright holder what they do

[TDRolandTD]

Although none of my covers have been 'pulled' by YouTube, I do have some that will not allow searches to be made nor to be played on a mobile phone. This still sucks ass as not for profit covers do not break any copyright laws. You have 100% support from TDRolandTD.

[Pianistos]

@jouxplan Thank you for the answer!

I read that copyright issues NEVER get resolved by themselves. Is this true? I'm going to reupload my piano cover of the song where I got the copyright claim on. Could this be more of a problem than the first time you think?

[guitarlovernat14]

i feel u 100% most my vids have copyright rubbish to it :(

[jouxplan]

@DavidM4725 At least you read the description before commenting on the clock - almost no one else bothered to read it, and then makes a clock comment!!!

:-)