ASK & DISCUSS INDEX

9 years, 6 months ago - Dan Selakovich

The short answer is "NO!" While, depending on how you use it, it could be considered "fair use." So let's say you're using a big hit song to explain why it's a hit, the formula the artist used for writing the song, how it was produced, etc. would be considered "fair use" because you are using it to educate. BUT you CANNOT use music as a soundtrack for something completely unrelated.

Having said that, even if you are using someone else's images to educate (like explaining center framing composition using clips from movies that illustrate that), the copyright holder can still ask you to remove it. Yes, you can fight it if it truly is "fair use," but can you afford that fight? Because here's the rub: where did you get those images? A pirate site? Did you rip them from a copyrighted DVD? Acquiring images or music in that way is in itself, illegal.

In the end, you might go ahead and try what you're wanting to do if it truly is fair use. You'll first get a DMCA notice from the copyright holder to take down the offending material, so you'll just take it down. But if you keep doing it, Youtube will ban you.

9 years, 6 months ago - Paddy Robinson-Griffin

As Dan says! Basically, if you need to ask, the answer is no. People try to find all sorts of clever reasons why they should be exempt, and so any sly loopholes are long closed. And don't forget you're working across borders, so what's legal in Sweden probably isn't in the home of copyright maximalists USA.

The concept of copyright was originally introduced to incentivise creators to create more work which would also in time enter the public domain. It's been bent all out of shape by lawyer after lawyer, what's effectively civil contract law has somehow been passed to states to enforce as criminal law, and that's the kind of landscape you're working in.

9 years, 6 months ago - Stanislava Buevich

Thanks very much for this. The way we're thinking of using it I think qualifies as 'fair use'. Show a Picasso painting - talk about the genius of Picasso... We have a bit where we compare Lorde to a rebellious artist from the French Revolution so wanted to play Royals only for a could of seconds in that context...

9 years, 6 months ago - Roy Hanney

Actually in the UK fair use doesn't apply as a term since that is an American law, in the UK we have Fair Dealing, which while it is pretty similar in essence, to my knowledge it hasn't really been tested in law. Either way assuming the material you are using is in some way transformative, is used for purpose of parody, education or criticism, is not for profit and the amount or duration is limited (think about how much of a clip/song you are using in relation to the whole of the work you are producing) then technically speaking you are likely to be able to claim Fair Use/Fair Dealing. As someone above notes however this interpretation is not going to be the same everywhere but is likely to be followed across the EU. YouTube et al are getting better at recognising Fair Use/Fair Dealing after several law suits in the USA. However they may give you a 'take down' but you do have right to appeal and you are likely to be successful if you are within the bounds of the above criteria. Obviously these things are open to interpretation however and I wouldn't base a business model on which would mean you were for profit anyway and thus outside of the criteria. There are plenty of websites you read about this stuff on just put Fair Dealing into a search engine.

9 years, 6 months ago - Marlom Tander

It doesn't matter what the law is, what matters is Youtube T&C and they are basically that IF they detect/get complaints about copyright material then they will do what they see fit.

They DO NOT pay attention to things like fair use or incidental inclusion. Why? Because they don't the time or inclination to get in the middle of fights, and have no legal obligation to do so.

Your fair use rights allow you to put the video on a server you control. It doesn't allow you to force anyone else to distribute for you.

Re the Painting - if you took the images/vids then that's your copyright UNLESS you did so in breach of the terms under which you viewed the work (hence all the "no photos" signs). As to the sample, permission is needed.

9 years, 6 months ago - Elisar Cabrera

You can argue fair use on YouTube. However YouTube dont get involved so when you argue you are taking your message to the complainant via the Youtube contact system. If they read it and respond then they will either release the clip or they won't. I have won a fair use argument a few times on Youtube. Unfortunately it can be a very slow process.

9 years, 6 months ago - Filip Firlej

Roy is correct. I work in licensing. Fair Use is a US concept. In the UK you might argue fair dealing because the item you are 'showing' or 'discussing' is being critiqued or studied in what you're saying (like a review). Education does not mean you can use whatever you want and however you want to - that is a huge misconception. You'll need a licence from the copyright holders of both the images and the music (when it comes to paintings, it's usually the museum holding the painting that holds the rights to the image - it's not correct as Marlom says that it's "your copyright" if you took the image yourself...). And keep in mind depending on where the material came from, several bigger corporations use agencies and software to scan youtube for their material. If they ask youtube to remove it, that'll be that.

9 years, 6 months ago - Roy Hanney

Because Fair Dealing is, as I am led to believe, untested in the UK law courts the situation might be different,. However, in the US Fair Use IS the law and there have been a number of court cases that have established this (look them up if you are interested). This means that contrary to some of the opinions above YouTube does have a legal obligation not to take down material that is correctly and reasonably claiming Fair Use because if they do so they are breaking the law. If you actually bother to read around the subject rather than just propagate myth you will know that YouTube and others are attempting to address this issue and will take Fair Use under consideration if a take down occurs and the video maker appeals as they are required to by US Law. As I say, they may not be so helpful in other territories where the law is either untested or doesn't apply.

9 years, 6 months ago - L. A. Donovan

Some very good advice being given here. I suggest that as you are talking about using works of art, and copyrights exist on those works, you could contact the Design and Artists Collecting {Copyright} Society, http://www.dacs.org.uk for help and advice. They deal with these types of questions all the time.

The music questions are much bigger and more complicated. Copyright in music in the UK exists for the composer/publisher, and in the recording itself. It can be a very big minefield, even for highly experienced people. Even if you are making a 'fair dealing' or 'educational' comment, YouTube's Content ID may recognise the audio and block it. It's not a person, it's algorithms. Your use would also be a version of 'criticism and review' as well as 'fair dealing.' Example: you could say something nasty about a song and the artist/composer/record company definitely would not give you permission to use it, as it makes them look bad. While you may not be saying anything negative about the work at all, this concept is something to keep in mind, in terms of what the law and precedent recognise.

Do your videos absolutely have to be on YouTube? - If not , then I suggest using another video sharing platform such as Vimeo.

9 years, 6 months ago - Marlom Tander

Re YT and take downs, it happened to me. Filming climbers doing a demo, and there happened to be music on the PA. (Incidental inclusion) Content ID hit, gone.

But this was a couple years back so maybe it's better now.

9 years, 5 months ago - Garry Clarkson

If you used my images you wouldn't get a DMCA notice from the copyright holder (me) to take down the offending material, you'd get an invoice payable within 14 days. Non-Profit is still commercial (assuming you are a company who is paying th electricity bill but feels that its ok to steal images). Would you wire the electricity meter and then claim its 'fair use'. Lots of misapprehension about copyright on You Tube (th publishing platform) but its up to the publisher to follow 'due diligence. First stage is to simply ask the copyright holder in the first place before post. I have let many charitable bloggers etc use my material for nothing if I believe in what they are doing. In turn I have sued (and won) big companies, art galleries, educationalists who have used my images to make their jobs easier (as they get paid whilst I am starving). Its easy really consider images, films and creative work some one elses physical property (its also a human right under European Legislation).

9 years, 5 months ago - Charles Wood

Forget fair use, you cannot afford a legal battle. Google, who now own YouTube, have a list of music which is legally useable(with and without their adverts). This is not "fair use" it is copyright cleared to use on YouTube(but with conditions, which you will almost certainly be happy with). I suspect that google may do a similar thing for images, why not write to them and ask? Otherwise just buy images form one of the many copyright cleared sites and raise the small amounts of funding needed for "internet" quality images. Some artists will ask you to stop if they don't like your message association, but most are reasonable people.

9 years, 5 months ago - JP Caldeano

I have my showreel with a well known music track, and the only thing it that ads will appear on your video and the band will get money per view. But you shouldnt have a problem as soon as you are happy with that.

https://www.youtube.com/watch?v=C-APRWLNKXw

Have a look at the example above, and normally the band wont bother to take it down because they will be profiting from your video views. But Youtube automatically detects the sound/music so you will get notified "copyright issues"... but I presume you are fine to use it, you just cant make money as you wont be able to monetize the video. Hope that helps

Have a nice week
JP Caldeano
https://www.youtube.com/watch?v=sw6mlyCm_v8