Posted:Shortly you may run into a problem regarding audio content on your YouTube videos. I haven't noticed it anywhere else yet, but it might (god forbid) only be a matter of time. (I made a similar thread in Discussion, but many of you will not be passing by)
YouTube contacted me recently regarding my audio content infringing with license holder Sony Entertainment. I was asked to give a statement regarding the audio I used for a simple slide show and I objected the alleged infringement (without really being sure). The message came within a few hours after I uploaded the video to YouTube.
However, YouTube is actually facing a Billion Dollar lawsuit with Viacom over copyright infringement and things will change, regarding audio and video content on YouTube.
I really hope this all is kind of an exception... a phenomenon. However, in case it is not:
What they do is comparing your (vid and) audio content with pieces they receive from companies/ artists. The samples do act as kind-of "fingerprint".
If you are using content that is copyrighted, you may face action.
muting the vidblocking the video ("this video is not available in your country anymore")disabling your accountI hope it stops here
But what's a mute Promo vid worth?
Investigating into the matter, I got the following informations:
We would be required to send an email to the artist/composer of the track and obtain permission to use his track in our video firstcontact the company holding the license for the track (BMG, Sony entertainment, etc) and getting their permission toolast we would have to contact the organization of our country of residence (or where our website is hosted in case it's embedded) and pay royalty for the audio content(*)
Your eMail needs to include
ArtistAlbum/TrackContext (video on YouTube/ website)Purpose (private/commercial).
ORuse royalty free music, own compositions or music friends produced.
Royalty free music can be downloaded in the web (of course at an alarmingly high rate) - no permission of the composer is necessary - the payment is one-time-only (not annually or per x amounts of clicks)
(*) the fees for the usage of audio content depends on different factors:
is the use private (fees still apply for private websites)is the vid used commercially (a promo IS an ad)is the music a dominant element of the video? (higher fee)is the music been put in the background of the video? (lower fee)
(**)To get around all this somebody suggested to change the speed of a track, somebody else suggested to cut the tracks short and mix it with others.
This doesn't quite work because the intellectual property rights also claim royalty if you use loops and sample music. It also requires permission to use sample "I can't get no-OO" from Rolling Stones. The artist/composer does hold a right for his creations and the context in which it is used.
In case your video is for educational purposes (and other non-profit purpose) you might be able to use it under a "fair share license" (if that legislation is applicable in your country).
Personally I will aim to continue "business as usual" and see how far I get. But certainly I will aim to get info on the track used in production and always credit the artist/composer in the description of the vid (including a link) and in the credit roll... least I can do.