Is this legal?

shadow_FIX · #1 06-24-2010, 09:36 AM

I have a quick question that those who have knowledge of the subject might be able to help me with.

I started a Youtube channel: http://www.youtube.com/user/metalbass910

For the purposes of this channel, I play metal covers. Obviously this includes third-party content (the recording I'm playing with) that's owned by someone else (the record company).

I'm thinking ahead like "If this actually, somehow, got a lot of traffic, I should set up a Google Adsense account and get paid for this." For those not familiar, Adsense places a few ads on your page and you get paid $xx for XXX number of hits.

Is it legal for me to do this? Part of me thinks that it is not, but it'd be nice to check to make sure. I mean, cover bands make money off material owned by someone else, so would that somehow apply here?

Thanks!

i_got_a_mohawk · #2 06-24-2010, 09:40 AM

I don't know about that seeing it is youtubes website.

However, you might find that the audio gets removed from the videos seeing you are playing someone elses songs (depending on what record label it is and how thoroughly they are chasing up youtube).

- Will

MatticusMania · #3 06-24-2010, 09:46 AM

Quote:

Originally Posted by i_got_a_mohawk

you might find that the audio gets removed from the videos seeing you are playing someone elses songs (depending on what record label it is and how thoroughly they are chasing up youtube).

this.

I wouldnt bother with the ads.

shadow_FIX · #4 06-24-2010, 09:46 AM

Youtube already knows it has third-party content, and it has different "consequences" depending on the company. For example, the two Lamb Of God songs I played aren't live in Germany, but they are everywhere else...

superbassman2000 · #5 06-24-2010, 09:47 AM

Quote:

Originally Posted by shadow_FIX

Is it legal for me to do this? Part of me thinks that it is not, but it'd be nice to check to make sure. I mean, cover bands make money off material owned by someone else, so would that somehow apply here?

But with cover bands, the royalties are paid, usually by the venue, that's why some venues don't allow covers to be played--so they don't have to pay the fee.

I am not sure if youtube is paying that fee...that's why the audio gets removed for a lot of videos on there.

shadow_FIX · #6 06-24-2010, 09:50 AM

Yeah, lately in my area we've been hunting the head of the ASCAP guy. My guitarist friend of mine was playing a fakebook gig in a wine bar, and apparently the venue hadn't paid their fee, something about the jazz standards, blah blah...ended up shutting the gig down and my friend didn't even get to see who this guy was. He rained on another parade at a different venue and cancelled one of my shows!

i_got_a_mohawk · #7 06-24-2010, 10:01 AM

Well if you are playing covers, play venues that have paid the fee's.

Problem solved.

Gopherbassist · #8 06-24-2010, 08:53 PM

Are you playing over the original recordings? From my understanding, record companies don't usually own the songs, they just own the recordings and the right to sell all recordings by the original artist. If you rerecord all the parts, you'll have to give money to the writers of the song if you're making money, but I don't think the label can tell you to or make Google take anything down.

If you're playing over the original recordings, then the record companies can have the video monetized or taken down. If they have it monetized I imagine they'd take all the money.

Of course, don't take my word for any of this.

fdeck · #9 06-24-2010, 10:32 PM

A friend of mine recorded a CD of jazz standards. He researched the licensing process, and decided that it wasn't prohibitively expensive or difficult. I don't know any details.

i_got_a_mohawk · #10 06-25-2010, 03:12 AM

Quote:

Originally Posted by Gopherbassist

Are you playing over the original recordings? From my understanding, record companies don't usually own the songs, they just own the recordings and the right to sell all recordings by the original artist. If you rerecord all the parts, you'll have to give money to the writers of the song if you're making money, but I don't think the label can tell you to or make Google take anything down.

If you're playing over the original recordings, then the record companies can have the video monetized or taken down. If they have it monetized I imagine they'd take all the money.

Of course, don't take my word for any of this.

Tho, surely they own the backing track the OP would be playing over?

PSPookie · #11 06-25-2010, 06:32 AM

I would have instructed the gentleman to "tell it walking".

I certainly hope he produced some credentials. He kinda sounds like a d-bag shaking down clubs for money.

shadow_FIX · #12 06-25-2010, 12:42 PM

I was seriously doubting that this was legitimate...I don't think I'll be doing it haha.

baalroo · #13 06-25-2010, 07:19 PM

Quote:

Originally Posted by shadow_FIX

Yeah, lately in my area we've been hunting the head of the ASCAP guy. My guitarist friend of mine was playing a fakebook gig in a wine bar, and apparently the venue hadn't paid their fee, something about the jazz standards, blah blah...ended up shutting the gig down and my friend didn't even get to see who this guy was. He rained on another parade at a different venue and cancelled one of my shows!

where did this happen?

SelenaBassGirl · #14 06-26-2010, 10:36 AM

I have some videos of me playing bass along with the original songs. I make sure I put in the title that I am doing a cover and also in the description I do not own the rights to the song.
I record myself to see the progress I make. Plus others to hear me play.
I have some that I am either playing bass with the band or ones of me singing-and the club I sit in at, the owner does pay something.

I tried to upload a pic but having trouble for some reason.

On some of my videos it does say this:
"Video blocked in some countries"