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Can you use artists songs in your video's online ?

by dean_holland
16 replies
Hi warriors

Can anyone tell me please....

I am starting to do my own videos to publish online and I wanted my vids to have their own intro

But I wanted to use a song in the background

Is this legal or breaking copyright ??

I thought in the past I have seen vids of other marketers such as Mike filsaime doing it

Thanks

Dean
#artists #music #online #songs #video
  • Profile picture of the author Buildingfutures
    Its supposedly breaking copyright because youtube has started a deal where any video with copywrited artists music in it for background music are either being deleted or muted entirely.

    Try Jamendo.com its free to join and has tons and tons of royalty free music for you to use.
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  • Profile picture of the author anonymous123567
    YouTube is now muting videos that use mainstream music you talk of, it is breaching Copywright yeah.

    I suggest having a search for Royalty free music,

    Royalty Free Music, Music on Hold, Stock Music, Production Music, Free Background Music, Buyout Music

    Just an example.

    All the best mate

    Alex
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  • Profile picture of the author Gwuido65
    Not sure but I think you need to have a license for the music.

    Although even if you did and you put someones music over your video, I would imagine the chances of prosecution very small.

    Please don't take my word for it though, i have no legal background and am just giving you my opinion.

    If in real dought seek the advise of a professional, solicitor, lawyer etc.

    Might end up saving you money in the long run!!
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  • Profile picture of the author Chaiwriter
    I wouldn't use any music that is copyrighted. More and more they are cracking down on all of this. So imho you should go with royalty free.

    This actually reminds me of many of those great 80s shows (like "Wonder Years") that can't go to DVD because they took advantage of the hazy music copyright laws in the 80s and now they are SOL.

    Anyway, go with royalty free.

    Chai
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  • Profile picture of the author Melkor
    You can if you want to land in legal hot water and lose any potential earnings to a lawsuit.

    Most people do not consider that a desirable outcome - especially when you can hit up Kevin MacLeod over on Royalty Free Music for his Creative Commons-licensed music instead.
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  • Profile picture of the author igrowyourbiz
    Yes it is illegal.

    I am in the music biz.

    You need what is called a syncronization license, and it requires permission from up to 3 or more different entities.
    1. They have the right to say no
    2. they have the right to charge or not
    3. they have the right to put restrictions on your use and distribution of it
    Simplest is to go direct to a label, best is to go through what is called a "clearance" company or entertainmen law firm.

    otherwise, get original music created, or buy some of the royalty free stuff from folk.
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    • Profile picture of the author Careygee
      Hi Dean,
      I went into my old files and came up this post I made years ago. I changed it to suit this forum

      I worked as a KJ (Karaoke Jockey) for about five years and there are big fines (Up to $5,000 per song and 6 days in Jail involved).
      That does not include court costs for the ongoing lawsuit.
      As a a KJ, I participated in many forums with other KJs.
      I and other KJs shared our experiences. We warned each other to NEVER perform with COPIES of discs.

      The way it worked, was that a representative of The American Society of Composers, Authors and Publishers (ASCAP), would make a call on all the restaurants, hotels, bars, stores and clubs (which already pay fees to use copyrighted music) and check you out anonymously.

      Then if you were in violation, they would show up at your next show with the Sherriff or a deputy and then ......
      That is why I stayed legal !

      In the United States, ASCAP competes with two other performing rights organizations: Broadcast Music Incorporated (BMI) and the Society of European Stage Authors and Composers (SESAC) and were just as ready to start a lawsuit.
      So us KJs had them to deal with also.

      A real crazy thing happened in 1996!
      ASCAP attracted media attention in 1996 when it threatened Girl Scouts of the USA and Boy Scouts of America camps that sang ASCAP's copyrighted works at camps with lawsuits for not paying licensing fees.

      These threats were later retracted because of the Public outcry.

      Check out this Newpaper article from the Local Star Tribune ....
      ASCAP
      It is pretty funny reading NOW, but back then (1996) it was BIG news.

      The reason I mention all this is ..... These organization are SERIOUS !
      I hope this answers your question as I feel they will come after you or anyone eventually.
      Hope this helps,
      Carey
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  • Profile picture of the author igrowyourbiz
    good infor carey

    also know that Ascap/BMI are performance rights orgs. So they cover the songwriters and arrangers primarily.

    There are other copyrights involved...like the sound recording (which is usuallyowned by the label and is the finished product that you are using)

    Often they have rights to sync, but sometimes you have to get thier permission AND the underlying composers

    can get complicated

    and as you said...HEFTY FINES..this is a FEDERAL issue, so don't thinkg a fancy lawyer will help you..doesnt matter.
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  • Profile picture of the author JCTunes
    Hi there, Dean!

    If you're close to a music store or a college/school with a music program, you could post a flier letting local artists know about your videos and asking if they'd be interested in working out an arrangement to do original background music for you.

    Or an alternative [at the music store] might be to purchase what's called loop libraries. They provide loops of different instruments and styles of music that you're able to use in your projects. You can get a flier up asking for someone with experience working with music loops to create the background for you for a fee. The only restriction with most of those libraries is that you can't just put the whole group of loops back up for sale as-is. [Make sure you look at the terms of usage carefully. I just went to look at one of my libraries, and they say you have to use the loops strictly for music performances, live or recorded - not any other media. Guess I won't be using that for any video items...]

    Hope that helps!

    JC Tunes
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  • Profile picture of the author AyeSuccess
    Hi,

    You may use a song in your background provided you obtain legal permission from the owner. I suggest you pay someone to produce a short sound clip for you. That way, you are original.
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  • Profile picture of the author tj
    You have to license them or you need to get royaltee free music.

    Timo
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  • Profile picture of the author Mark Kaye
    If you use a MAC then the iMovie software has a ton of really great "Copyright Free Music." That's where I get most of the background for my videos. Here is an example:


    All the music I use is from the iMovie Library. mac also has a great program called "Garage Band" which make sit really easy to create your own music as well...
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  • Profile picture of the author Loren Woirhaye
    No. don't do it unless you have bought the rights or
    got written permission to do so.

    If you get rich do you think you won't get sued for
    your infringements?
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    • Profile picture of the author sylviad
      That video is hilarious, Mark!
      Very good.

      Sylvia

      PS: Oh... to the OP. It IS illegal to use copyrighted works including music without the producers'/owners' approval - you can probably get minimal use licenses if you just want to use a small clip to promote THEIR product.
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  • Profile picture of the author heidigroleau
    Nice video Mark! I think its always better to err on the side of caution and get some royalty free music from a free website that doesn't charge for music. You can do wonders these days with Garageband! Cheers!
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  • Profile picture of the author Asher
    That's an amazing video, Mark. The shock factor (heh)
    would probably get people to visit your site. Loved it =)

    Back to the OP, no, you can't use artist songs in your
    videos online unless you license them. As long as there's
    some kind of commercial value in the video, you can't
    use it unless it's licensed.

    The videos on YouTube are infringing on copyright by using
    it (as stated by one post) but because they're not
    commercial, the companies don't hunt them down. PLUS,
    they get free exposure.

    ... but always double check with the legal authorities
    with regards to this.

    Asher
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