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Forums > Social Discussion > YouTube videos - banned content

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FireTom


Stargazer


Total posts: 6650
Posted:More and more videos get banned, taken down or blocked in certain countries for "content owned by xy company" (mostly Sony entertainment and other companies owning the music)...

actually how it works is that Sony Entertainment - or other companies provide music (or samples) to YouTube (Google) and this acts like a fingerprint. The owners of the video are being notified that a copyright infringement might have been taken place and that you might face action.

The action could be that your video gets taken down, audio gets blocked (maybe in a few countries only) - or you'll get banned from YouTube altogether. So far I haven't heard of anybody getting sued for money.

This mostly affects new videos uploaded (2010) - older ones still remain online. It is an effect of the Billion-Dollar-lawsuit of Viacom vs. YouTube for copyright infringements.

And it is particularly of interest for performers who are doing promotional vids and put them on YouTube.

Funny thing is - though - that often the video is NOT available on YouTube (anymore or in certain countries) but still available on Dailymotion or Vimeo.

Promotional videos might definitely get affected, the use of (audio) content under a "fair use" license is not (educational purposes, for example).

Soooo, errm, you might want to consider contacting the labels for licenses - if you want to use certain music in your promo... shrug

(personally I feel it's crap - as long as you mention the artist and post a link in the videos description - I have purchased music because I heard it in a friend's video and know tons of other people who have...)


the best smiles are the ones you lead to wink

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WoodlandApple
BRONZE Member since Dec 2009

WoodlandApple

addict
Location: Australia

Total posts: 474
Posted:someone I know says that all you have to do is playaround with th espeed and it doesnt get detected

sticks and stones my break my bones, but ski patrol will save me.

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natasqi


natasqi

addict
Location: Perth

Total posts: 489
Posted:What are other peoples opinions on this, not jut the YouTube issue, but using music in your gigs in general?
For a company that doesn't earn that much, Ive found that licences are $10,000+...

Ive been told that if you "sample" songs then this doesn't count. i.e. if in gigs you play a song but not the complete song, then this doesn't need a licence.

Hopefully one day I'll find an awesome artist who I can use ALL their music (been looking through Triple J Unearthed Perth artists hoping to find such) and we won't have this problem.

But for now... do you feel guilty about performing and earning money from someone else's music?

I think music plays a bit part of performance.. but I dont think any one song is essential to us. We have SO many different mixes that it wouldn't matter if we couldnt use one song/artist.


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Heed


May the fires of this world always burn bright!


Total posts: 38
Posted:I agree with FireTom... yes the creator of the music deserves credit for their hard work in putting together their song but there should be some leeway. Personally as long as I'm getting promoted and I'm getting credit for what is being used then why should I care? If the person using my music was making a lot of money they yes I should get something out of it, after all I am partial to their success. But if it is just a youtube video then what is the big deal?

The more enlightened man thinks he is the more foolish he proves himself to be.

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FireTom


Stargazer


Total posts: 6650
Posted:Nat: I feel that if you use music in your (paid) show - what's the deal in giving the artist a share? BUT this payment should be done by the organizers of the gig.

However.

In Germany we have the GEMA or GVL - an organization that collects money for licenses from various businesses and their t&c are as follows:

For shows on stages (theaters and such) they collect 15% of the gross money collected from ticket sales or rent of the space (to subcontractors)(which I find excessive). The min. rates are (one time payment)

up to 100 patrons -- 31 up to 300 patrons -- 46up to 600 patrons -- 92up to 1200 patrons -- 184more than 1200 ------ 245

For other events with recorded music their rates are a bit more complicated. They depend on the size of the space and the rates at the door. Example (regardless of the number of patrons)

if the physical space is 200sqm and tickets sell for 10 -- rate is 206 if the physical space is 400spm and tickets sell for 10 -- 376
(excerpt)
Plus tax. If you're a member of some partner you receive a 20% discount...

Now it all sounds quite fishy to me - and it gets worse. Even if you're hiring a band, you still have to pay fees to this "organization"... you'd even have to pay, if you're NOT collecting any money for tickets. In this case you'd have to take the money you pay to the band and divide it by the number of patrons to calculate a "fictitious entry fee"...

Now online

For music played on your private website you'd have to pay 35/ year,
for commercial websites you'd pay some 360 - 400/ year.

Promo-Vids put online = it's a commercial ad...

I now called the GEMA - this is what they came back with:

if music is an integral part of the video = 150/ year/ 120.000 clicksif music is only played as background = 71,50/ year/ 120.000 clicks

However - we need to get permission from the label and/or composer (management) for using their content first

Now I called BMG to get some information (this is regarding music owned by BMG and others, like Sony Media etc.):

- need to write an eMail to the license holder, letting them know the detail and title of the video and the use intended
- need to write an email to the band (or manager thereof) stating the same.

Once these permissions are granted we can (and would be required to) pay license fees to the respective organization in our countries of use/residence - IF the video is embedded in your personal or commercial website. IF the video is available on YouTube only, no such license fees seem to be applicable (for now). YouTube is responsible for this part (so far).

@ Heed: I completely agree "what is the big deal"?

'cause basically the artists themselves receive a fraction of the money we'd pay for the rights to play their music. However: for some artists its an integral part of their income.

I'm not sure exactly how this money is distributed and I heard a lot of funny (strange) things of the German system - but it might be as complicated (and weird) in other countries. It kind-of depends of the musical category (classic, modern) where and how often your songs are getting played (nightclubs, church), etc.

I feel that it's quite okay to ask the artists/composers for permission to use their content, reason is the incredible amount of crappy vids out there (mine certainly excluded wink ) that use some cool track for improvement.

Oh - and concerning changing content or appearance of a track (speed, cutting, editing, looping) - there are restrictions to that as well.

Point being that in case of private use it's quite... well whatever. In case of commercial use, it's a different game altogether.

Not all composers will agree their tracks being cut, re-edited, re-mixed, re-looped and played @ twice their original speed...

A WAY AROUND ALL THIS is using royalty free music:

for example [here - however it will only save on the effort and that it's a one time license... using an individual track commercially might cost you ~ 70 $

[Le SIGH]


the best smiles are the ones you lead to wink

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EpitomeOfNovice
GOLD Member since Sep 2009

EpitomeOfNovice

Putting the "FUN" in fundamental since 1981
Location: Dover, Delaware USA

Total posts: 787
Posted:Why don't you just fill out the dispute form? I have to do it every time and poi spinning along with your reasons for putting it on youtube all fall under fair use if you read all of the criteria to dispute on those grounds along with the fact that you are not directly profiting from views to your video.

Read all the information, prepare your dispute form, and life goes back to normal. Furthering the arts counts under fair use, so does critique and examination of an art.

I had blocked videos or silenced audio until filing the form, getting it reviewed by something other than software, and after it has a real look-see and they overturn the algorithm all is well and back to normal.


~Rock on!~

"As the pattern gets more intricate and subtle, being swept along is no longer enough"-Waking Life

(All you RLers this is epitome_of_lame *waves hello*)

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SpinnerofDetroit
GOLD Member since Oct 2009

SpinnerofDetroit

All High Dude, Ruler of What You Want
Location: Trenton, MI, USA

Total posts: 2280
Posted:How do you fill out a dispute form for Youtube? I've never seen that option anywhere while uploading videos tongue2

The only luck is bad luck.

Shut up before I stall my poi up your ass grin

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EpitomeOfNovice
GOLD Member since Sep 2009

EpitomeOfNovice

Putting the "FUN" in fundamental since 1981
Location: Dover, Delaware USA

Total posts: 787
Posted:http://www.google.com/support/youtube/bi...opic=&type=
br>
Just be advised to know all the copyright, fair use, and even parody laws before submitting any dispute for your own protection. If your video is flagged and you get a notification upon upload and processing there is a link on your account to directly dispute whether action is taken (blocking, muting) or not (a warning that there was a database match with no action needing to be taken at the time).


~Rock on!~

"As the pattern gets more intricate and subtle, being swept along is no longer enough"-Waking Life

(All you RLers this is epitome_of_lame *waves hello*)

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SpinnerofDetroit
GOLD Member since Oct 2009

SpinnerofDetroit

All High Dude, Ruler of What You Want
Location: Trenton, MI, USA

Total posts: 2280
Posted:Yeah if that ever happens I'll be sure to look those up.

The only luck is bad luck.

Shut up before I stall my poi up your ass grin

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FireTom


Stargazer


Total posts: 6650
Posted:oh - yea... I kind of opened up a thread in vid's that holds a link to the "fair use" policies... thanks EoN for helping out.

one really important thing is that you actually REPLY to YouTube's notification re. your audio content. I'd guess that in any case just mentioning you're using the audio under a "fair use" license and "for educational purpose" will savior the sound AND protect your clip from being barred in certain countries (like Germany)...

I ate to say that - once more - Germany is sitting on the receiving end of being jacka55ed by companies trying hard to make money...


the best smiles are the ones you lead to wink

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