Bypassing Copyright on Youtube?
Hey guys, I have tons of covers in mind that I can't find any bassist doing on Youtube but am scared of them getting taken down to Copyright Infringement and let's all be honest here, no one wants to play with or listen to a cheezy MIDI track. Do you guys have any suggestions?
sub'd because I have no idea how youtube works.
I had a video doing an Allman Btothers cover and YouTube blocked the audio. After the video was two years old and over 1,100 views.
It depends on the artist they complain Youtube responds.
There are various laws that allow artistic interpretation, parody, and tribute. If you cite the appropriate on of these laws in your description, and make sure that your bass is substantially louder than the audio, you can generally get away with it.
I would suggest, though, that you ask one of the bassists on YouTube how they got around the copyright laws, since they have been successful.
I have a cover of The Eagles Out of Control (http://www.youtube.com/watch?v=XivUa32JKqw), that was blocked every which way I uploaded it (changed the pitch / eq / added static / had audio drop outs / had the audio as low as possible). I finally got it uploaded by choosing Fair Use under the licensing, and you just have to put a little explanation in there of why it doesn't violate it. I put that it was an instructional video for those looking to learn how to play the song. I had no problem uploading it that time. I don't think anyone reads those unless there's an actual complaint against it, as opposed to a blanket complaint by the label / artist.
I have a cover of Already Gone (http://www.youtube.com/watch?v=3SQwKNC60UU) and Midnight Flyer (http://www.youtube.com/watch?v=wkvqmgQyLoE) that both went up with no problem, so I don't know if it's the song, or something recent by the artist or label. Good luck!
Some of the other covers I have up (Descendents / ALL) say "blocked in some country" or "matched 3rd party content", but they weren't actively blocked like the Eagles one was.
claiming Fair Use doesn't make it legal - unless it really is a Fair Use exception.
Reading this on YouTube's website:
"in the United States, copyright rights are limited by the doctrine of “fair use,” under which certain uses of copyrighted material for criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair."
"The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes"
Is what I used to determine it was Fair Use. If they take it down, I'm not going to fight it legally. I just make simple videos of me playing songs I like. I don't commercialize them so I don't make any money off them.
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
Here is a link to that section of the Act: http://www.copyright.gov/title17/92chap1.html#107
I just recently starting posting some "bass covers" to YouTube and asked very similar questions. For each song I upload, I do not include the band name in the title, just the song name and the words "bass cover". I also include the following text in the description for EVERY song I upload:
Copyright Disclaimer: All copyrighted material is used under the guidelines of "fair use" in title 17 & 107 of the United States code, and under articles 29 & 29.1 of the Canadian Copyright Act. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use." Such material remains the property of the original owner of the copyright, and is here used for the purposes of education, comparison, and criticism only.
Also, when the upload completes I get a notification that says third party content has been noticed. Go into Video Manager and click the "Acknowledge third party content" link.
Best of luck with it!
Its up to whoever owns the song copyright if and where its blocked. I don't think it cares what you write in the description/video as its an automatic very sophisticated audio pattern matching program that runs on everything that is uploaded.
I have one that plays fine locally, and from the stats has been watched from all sorts of places in the world. I found out recently its blocked for anyone who wants to see it in Spain though for some reason. The copyright holder is American. Weird.
Probably the easiest way to check how restrictive things are for a certain song (I've not tried this yet but in theory it should work) would be to test it by uploading but not publishing a video with just the track on, and giving it a day or two to get flagged. Then you will have a rough idea before going to all the trouble of making a video what will happen.
Also, if you don't make a link to the tab literally the first thing in the video description (and sometimes even then) good grief will you get a lot of people asking you for the tab.
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