Clarification re youtube and music.

laurenceh · 10-05-2009, 10:20 AM

Folks, I am slightly at a loss with Youtube's policy re music and copyright.

I see alot of videos with pop songs in the background where an add for downloading the MP3 will pop up.

So are we ok to use chart music in our videos? The TOS suggest not, yet it appears to me they are advertising on videos where people do??

Christie01 · 10-05-2009, 11:49 AM

I've been wondering the same thing. My son and his friends made a "fun" (not selling anything) video and used a currently popular song for background music, and YouTube muted the sound shortly after they uploaded it. However, I see LOTS of other videos where the sound still works after several weeks/months on YouTube.

I tried seaching both on YouTube and Google for some sort of ruling on this, but couldn't find anything. Anyone know?

Jill Carpenter · 10-05-2009, 12:12 PM

I would "guess" this is what they expect users to do -

Technically that audio is available as a video for "enjoyment and entertainment" purposes. So theoretically someone could just listen to the audio versions you have created.

However, this does not give permission for someone to take that audio and use it in a commercial way - they should have to get rights from the original person who uploaded the materials. They would need to figure out how to get the rights.

Colin Palfrey · 10-05-2009, 12:18 PM

It's standard copyright law. On all music sold as CD,mp3,record, tape etc you will see it says it cant be copied or reproduced, publicly performed or in some cases even listened to. lol

Youtube are getting grief from some music publishers over unlicensed playing of there music

This would be covered in their "Public performance" clause.

Yes lots of people are getting away with it but in the long run it's best just to not do it, as legally you may well find you have a fine.

The law is constantly changing on this one but be careful

Marty S · 10-05-2009, 12:24 PM

The policy has changed over the last 12 to 18 months due to radically changing license agreements with content developers. As the norm with Google, it is hard to figure out at any given point what is ok or not.

As far as music goes however, because of (quite possibly the largest affiliate deal online ever) Youtube and iTunes coming to an agreement you are rather much allowed now, to use anything you can find on iTunes.

Youtube now has pop-up links for any song it recognizes in your video, allowing the user to go directly to iTunes. If they buy, Youtube gets a cut, not you - and justifiably so. So if you can tolerate the iTunes ads on your YouTube video, go ahead and check out what's on iTunes to help carry your message.

Keep in mind however, that as large as the iTunes library is, I have found a lot of songs NOT on there, and thus if used, your video is likely to get scrubbed of its audio, or have restricted exposure in certain countries.

Christie01 · 10-05-2009, 02:32 PM

That's great information - thanks Marty!!

10-05-2009, 10:20 AM	#1
laurenceh HyperActive Warrior War Room Member Join Date: Jul 2009 Location: Bedfordshire Posts: 449 Thanks: 98 Thanked 66 Times in 53 Posts	Clarification re youtube and music. Folks, I am slightly at a loss with Youtube's policy re music and copyright. I see alot of videos with pop songs in the background where an add for downloading the MP3 will pop up. So are we ok to use chart music in our videos? The TOS suggest not, yet it appears to me they are advertising on videos where people do??

10-05-2009, 11:49 AM	#2
Christie01 Active Warrior War Room Member Join Date: Jan 2009 Location: Wisconsin Posts: 85 Thanks: 8 Thanked 11 Times in 10 Posts Social Networking	Re: Clarification re youtube and music. I've been wondering the same thing. My son and his friends made a "fun" (not selling anything) video and used a currently popular song for background music, and YouTube muted the sound shortly after they uploaded it. However, I see LOTS of other videos where the sound still works after several weeks/months on YouTube. I tried seaching both on YouTube and Google for some sort of ruling on this, but couldn't find anything. Anyone know?

10-05-2009, 12:12 PM	#3
Jill Carpenter aka Avenuegirl War Room Member Join Date: Feb 2008 Location: Right where I want to be... Posts: 5,419 Blog Entries: 23 Thanks: 1,337 Thanked 1,862 Times in 1,078 Posts Social Networking Contact Info	Re: Clarification re youtube and music. I would "guess" this is what they expect users to do - Technically that audio is available as a video for "enjoyment and entertainment" purposes. So theoretically someone could just listen to the audio versions you have created. However, this does not give permission for someone to take that audio and use it in a commercial way - they should have to get rights from the original person who uploaded the materials. They would need to figure out how to get the rights.
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10-05-2009, 12:18 PM	#4
Colin Palfrey Author & Ghostwriter War Room Member Join Date: Sep 2009 Location: Ireland Posts: 1,046 Blog Entries: 3 Thanks: 238 Thanked 289 Times in 195 Posts Social Networking Contact Info	Re: Clarification re youtube and music. It's standard copyright law. On all music sold as CD,mp3,record, tape etc you will see it says it cant be copied or reproduced, publicly performed or in some cases even listened to. lol Youtube are getting grief from some music publishers over unlicensed playing of there music This would be covered in their "Public performance" clause. Yes lots of people are getting away with it but in the long run it's best just to not do it, as legally you may well find you have a fine. The law is constantly changing on this one but be careful
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10-05-2009, 12:24 PM	#5
Marty S Screencaster Yoda War Room Member Join Date: Feb 2009 Location: Toronto Posts: 1,455 Blog Entries: 11 Thanks: 241 Thanked 317 Times in 213 Posts Social Networking Contact Info	Re: Clarification re youtube and music. The policy has changed over the last 12 to 18 months due to radically changing license agreements with content developers. As the norm with Google, it is hard to figure out at any given point what is ok or not. As far as music goes however, because of (quite possibly the largest affiliate deal online ever) Youtube and iTunes coming to an agreement you are rather much allowed now, to use anything you can find on iTunes. Youtube now has pop-up links for any song it recognizes in your video, allowing the user to go directly to iTunes. If they buy, Youtube gets a cut, not you - and justifiably so. So if you can tolerate the iTunes ads on your YouTube video, go ahead and check out what's on iTunes to help carry your message. Keep in mind however, that as large as the iTunes library is, I have found a lot of songs NOT on there, and thus if used, your video is likely to get scrubbed of its audio, or have restricted exposure in certain countries.
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10-05-2009, 02:32 PM	#6
Christie01 Active Warrior War Room Member Join Date: Jan 2009 Location: Wisconsin Posts: 85 Thanks: 8 Thanked 11 Times in 10 Posts Social Networking	Re: Clarification re youtube and music. That's great information - thanks Marty!!