Fair Use Laws

James Quillian · Post by **James Quillian** » 1 Feb 2021 9:09 am

Do any of you guys know the ins and outs of fair use laws as they apply to YouTube and other venues?

David Mitchell · Post by **David Mitchell** » 10 Feb 2021 7:49 pm

I don't have any answers other than I've been getting notices for years but they have all said it was not a strike on my account and my video can remain but just that I lost the monetization to the publishers/writers of the songs. This guy recently said they put a strike on his account for just one song. Good rant.

https://youtu.be/E5lY_DbUsok

ajm · Post by **ajm** » 11 Feb 2021 6:59 am

David: The Rick Beato video.............

If you look over to the right you'll probably see a follow up with a story on how he fixed the issue.

James Quillian · Post by **James Quillian** » 11 Feb 2021 10:11 am

I honor folks copyrights out of courtesy. These laws are really of no help to creators other than high profile creators. So, with me it is not money or fear of consequence. This to me it is mostly a matter of respect.

Anyone can use anything I do and I don't care.

David Mitchell · Post by **David Mitchell** » 11 Feb 2021 11:30 am

ajm wrote:David: The Rick Beato video.............

If you look over to the right you'll probably see a follow up with a story on how he fixed the issue.

Thanks! I just started following Rick. He just popped in my YouTube feed one day and I clicked on it and found it to be interestingly strange that a band/publisher would do such a thing.

Pete Bailey · Post by **Pete Bailey** » 11 Feb 2021 12:54 pm

There actually are no such things as Fair Use "Laws".

Fair Use is a defense against copyright infringement, not a right enshrined by legislation.

The specifics in cases that cite Fair Use as a defense are crucial and differ in almost every case where it is invoked, as copyright infringement is a complex field of law.

The proper legal answer to questions about Fair Use is: "It depends."

Jim Fogle · Post by **Jim Fogle** » 12 Feb 2021 10:50 am

As my dear ol' mama use to say, "When in doubt, don't!"

David Mitchell · Post by **David Mitchell** » 12 Feb 2021 12:33 pm

Yes there is copyright laws but some of you I don't think understand how YouTube works. If I recorded a George Strait song written by Dean Dillion and post it on YouTube and 10 million people view it I automatically do not make any money from it and it's not because I broke the law. It is not against the law to post copyrighted material on YouTube. YouTube pays the publishers and songwriters in advance for their users to be able to do that.
Now Dean Dillion and most songwriters/publishers that I covered their song on YouTube are delighted I posted it without a copyright that was mine because it made them a couple of thousands dollars richer. With YouTube no paper work or admitting you stole someone's work is necessary because the money part is already intercepted before your first view. They send a notice in the mail letting you know their was a copyright claim but no need to do anything and your video will remain up but you won't be making any money with it. Someone else will be making the money. They also inform you that you have a right to dispute that claim. It's automatically sampled by computer audio recognition and listed with the publishers affiliated with YouTube.
In the video Rick made that I reposted here he is puzzled why a music publisher or their lawyer would want to strike him out when all they stand is to gain.
Lots bigger stars and lawyers who he copied their work had no problem with it. They were just getting richer from his videos.
Now what is illegal is posting somebody else's material elsewhere besides YouTube for profit without paying the publishers their share. It's something like 50 bucks to make 750 copies of it for sale on CD or online downloads. Prices may vary. If you don't know who the writers publishers are just contact the Harry Fox Agency online. You can do it all right there with PayPal and be 100% legal.

ajm · Post by **ajm** » 13 Feb 2021 7:59 am

I read David Mitchell's last post.
I probably need to read it again a few times to try and sort it out for myself (no fault of his).

The one comment that I have concerns the Harry Fox Agency.
I have a web site and have maybe 3-4 cover songs I've done on it.
I could not find the songs through Harry Fox, or it wasn't clear with them for lack of a better (shorter) explanation.
Somehow I ran across another agency that seems legit.
They are Easy Song Licensing, out of Minneapolis I believe.
If you are trying to license a cover you've done you may want to give them a try.

John Sluszny · Post by **John Sluszny** » 13 Feb 2021 9:02 am

What if you publish one of your own composition on YouTube ? Thanks.

David Hodan · Post by **David Hodan** » 13 Feb 2021 3:09 pm

YouTube and Facebook pay large fees to BMI, ASCAP, and SESAC. Both have scary good algorithms to detect copyrighted works. If you post quality renditions of copyrighted material on YouTube it will be quickly flagged but left up with all Ad revenue going to the copyright owner. . FB does something similar but I don't think they notify you unless you're attempting to get Ad revenue... You can't use a direct work from an artist in any way without their permission. You CAN use less than some number of seconds (56 I think) for educational or demonstration purposes. Garth Brooks used this to great effect in his live, one man, Vegas Show.

All the copyright organizations and social Media sites have statements regarding this somewhere in their FAQ's

Been there, done that.

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Fair Use Laws

Fair Use Laws

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