I know this has probably been done to death in the past but I can't find it.
If I use jam tracks which I have either bought or jam tracks have been made available to download for free from the web, can I use them in my YouTube vids?
My vids are not a money generating concern so I am not profiting, they are more of a vlog in harp playing progress.
Does anyone have a clear definition on the use of jam/backing tracks please? Don't want to get involved in legal problems.
I don't know about jam tracks specifically, but if you use a copyright track on Youtube then it is possible they will block it. It doesn't matter if you are makeing money or not. I have numerous vids of me doing covers and I get blocked all the time (specifically for WMG tracks). If the copyright owner doesn't want you using thier track then they can complain to Youtube, who will in turn block your video or remove the audio.
I'm not an attorney, but I'm very interested in this topic so here's my take. Whether or not you are technically in violation of copyright laws, from a practical standpoint you are probably safe.
A while back the RIAA (Recording Industry Association of America), a major trade group/ watchdog for the music business, said it was not going to go after individuals anymore for illegal downloading, prefering instead to focus on the enabling software makers and the hosting sites. Apparently, they finally woke up to the fact that suing potential customers on a wholesale basis was probably bad for business.
Consistent with that philosophy, Viacom sued Google (the ultimate owner of YouTube) over copyrighted videos on it's site, and ironically the results of that trial, Google winning, were reported today. Here's the link if you care:
Basically the court said as long as YouTube tells an uploader to take down anything they've been told by the copyright holder is an infringment, they're OK (Google that is).
Viacom is, of course, appealing.
I don't know of any case where somebody (a consumer) uploading a copyrighted video to YouTube has been sued by the copyright owner ( I haven't searched about this, just saying I haven't seen a media article...and I have to think it would be big news if it happened).
Regarding the actual legality of what you're planning to do, which Baker above addresses, it's kinda complex. A while back I favorited an instructional guitar video of a kid teaching how to play Sunshine of Your Love by Cream. I went back a few days later...BOOM! ..gone for...you guessed it... copyright infringment. I can't believe that did not fall under the non-profit or educational/research safe harbors Baker cites above. So who knows?
I think that the worst that happens is you get a notice from YT saying it's been taken down and you infringed. That happens enough times and you lose your account. That is, unless the copyright owners in the future gear up for a war with the consumer again.
I'm not passing any moral judgements on the above (though I have my opinion) as I've vowed to stay away from potential "cat fight" threads.
Hope this helps, once again I'm not an attorney, if you're really concerned, you should talk to one.
Bring a fat wallet.
Last Edited by on Jun 24, 2010 9:14 AM
@HOB as far as I know nothing happens when Youtube blocks your video. In fact they have a place in the account section that says "Your account is in good standing", and I have numerous blocked/removed videos.
They also have the following copyright information on the video:
Your video, "Video Name" , may include content that is owned or licensed by these content owners: Content owner: WMG Type: Audio content As a result, your video is blocked worldwide.
What should I do? No action is required on your part. Your video is still available worldwide.
What can I do about my video's status? Please note that the video's status can change, if the policies chosen by the content owners change. You may want to check back periodically to see if you have new options available to you.
Under certain circumstances, you may dispute this copyright claim. These are:
if the content is mistakenly identified and is actually completely your original creation; if you believe your use does not infringe copyright (e.g. it is fair use under US law); if you are actually licensed by the owner to use this content. I need more information. I want to learn more about the dispute process.
Please take a few minutes to visit our Help Center section on Policy and Copyright Guidelines, where you can learn more about copyright law and our Content Identification Service.
Strangely enough someone just sent me a link to this. Not sure if it helps answer your question but it is interesting how youtube spots copyrighted material and also the attitudes of some of the copyright owners.
"@HOB as far as I know nothing happens when Youtube blocks your video. In fact they have a place in the account section that says "Your account is in good standing", and I have numerous blocked/removed videos."
earlounge,
Thanks for the input. I made the statment based on the message left on deleted accounts I noticed which I thought read: Account closed due to copyright infringement.
I might be mistaken. As I have never actually uploaded anything to YouTube, your actual experience with the site should take precedence.
On BoingBoing today (the source of most of my news)
Google's won the first round of the enormous lawsuit Viacom brought against it. Viacom is suing Google for $1 billion for not having copyright lawyers inspect all the videos that get uploaded to YouTube before they're made live (they're also asking that Google eliminate private videos because these movies -- often of personal moments in YouTubers' lives -- can't be inspected by Viacom's copyright enforcers).
The lawsuit has been a circus. Filings in the case reveal that Viacom paid dozens of marketing companies to clandestinely upload its videos to YouTube (sometimes "roughing them up" to make them look like pirate-chic leaks). Viacom uploaded so much of its content to YouTube that it actually lost track of which videos were "really" pirated, and which ones it had put there, and sent legal threats to Google over videos it had placed itself.
It depends on how they deal with the copyright on each individual track. Open Commons has a whole list of different types of rights and easy ways to post which rights are granted. Encourage sites you visit to give it a look over and consider when you post something what rights you want to give away too.
Tin Lizzie, I caught that article yesterday. I don't think most people realize how huge that is just yet. Very cool.
@HOB I've read a lot of stuff about this because I am very interested in Youtube as a tool to promote myself as an artist. I've been posting since 2006. Unfortunately the information is still vague and nothing is concrete, but I will give you what I have taken from my experiences.
Anyone can complain to Youtube of a copyright violation. If you have used a copyrighted song, video, poem, book reading, or image; and they take the steps to file a complaint then Youtube will block your video. Then it is up to you to file a counter claim to reinstate your video (if the claim is wrong). I've never done this because my copyright violations are blatant.
Awhile back Youtube made deals with most of the major record labels. This was necessary because if you upload a home movie of your dog or kids and the TV or radio in the background was playing a song then technically you are in violation of copyright laws. Youtube could not come to an agreement with Warner Music Group so their content is blocked. Since Youtube tried to make a deal with them and they declined then Youtube does not hold it against you if you make the mistake of using WMG stuff.
If you use something else (other than WMG) that gets a complaint then it may be a different story. I assume that channels closed from copyright infringement are repeat offenders.
This video explains a fair use fight from a Youtubers experience. http://www.youtube.com/watch?v=hq6h7GSuncY
earlounge, the question is are your blatant ripoffs fair use? There are all sorts of fair use exceptions.
And to look at the video Baker posted from another point of view, say you use a clip of a riot at a rock concert. That clip happens to have a little music in the background. Is it fair that the band, who maybe incited the riot, gets advertising space on your news clip, especially since generally a live performance in a public venue is not considered copyrighted? (Just to play Devil's advocate for a second.)
They seem to be headed in the right direction, but copyright is a crazy complex messed up world.
