Youtube cover videos: legalities, copyright, permissions for bg tracks

[Jazz Cat]

Johnny, do you or any other members here have insights on making sure cover videos posted on youtube are compliant w/copyright law? I’ve asked at sotw and no clear answers.

YOUTUBE:
After doing a ton of research, I’ve found this youtube link:
https://www.youtube.com/audiolibrary/ad_supported_music

you type in a song title + artist, it’ll show you if youtube content ID will put an ad on it, or if it’s not allowed, or country restrictions.

Normally one needs a sync license to post a cover video, under NMPA/youtube blanket agreement
many songs are permitted; that link above helps identify them.

related:
https://www.legalzoom.com/articles/posting-cover-songs-on-youtube-what-you-need-to-know
http://diymusician.cdbaby.com/youtube/on-posting-cover-songs-on-youtube-music-licensing-law-explained/

https://productforums.google.com/forum/#!topicsearchin/youtube/nmpa$20cover
http://www.wired.com/2012/05/opinion-baio-criminal-creativity/
http://www.billboard.com/biz/articles/news/publishing/1160146/youtube-nmpa-reach-unprecedented-deal-to-pay-independent-music
http://www.tubefilter.com/2014/01/09/fullscreen-nmpa-settlement-cover-videos/

Any ideas on staying out of trouble w/covers of popular songs?

BACKING TRACK permission:
For use of backing tracks, licensing varies. Some companies don’t mind if you use them w/o license fee as long as you put a URL link back in description. Others charge a modest $10/track type additional fee to use in noncommercial youtube videos.

Getting clearances & permissions is important, I play life ‘by the book’…let me know anyone, thoughts? I’m not a fan of ‘post a cover video and hope for the best’; contacting individual publishers on a per-song basis for permissions is tedious (I’ve done that); the youtube NMPA agreement is helpful.

[Michael Bishop]

Hi JazzCat,
I posted a couple of links for you about Copyright law and Fair Use in the world of music–Section 107 of federal law (more specifically H.R. Rep. No. 94-1476, and The United States Copyright Law) allows for fair use of copyright material and it lists 4 general criteria that it mentions to what constitutes fair use. I have bought/shared some backing tracks from Karaoke with folks on my youtube channel—I’m don’t selling them or anything and this is perfectly legal under federal law. Youtube has never given me any problems either. Some music companies can decide to put a “block” on whether the track can be seen in other countries or not and I’ve only had that happen to one video that the music company blocked it from being viewed only in Germany. Other than that, I’ve never had any problems.
If I was going to make a CD, for example, I would have to purchase a licensing/user agreement where I would have to basically purchase the rights from the music company.

http://copyright.musiclibraryassoc.org/Resources/CopyrightAndFairUse
http://www.pdinfo.com/copyright-law/music-and-fair-use.php

[Jazz Cat]

thanks Michael, also for reference;

http://www.adweek.com/socialtimes/fair-use-youtube/62896

https://www.youtube.com/yt/copyright/en-GB/fair-use.html

http://kurttrowbridge.com/cover-songs-copyright-youtube/

http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use

complicated subject

also good to check versions here before using commercial backing tracks:
https://www.youtube.com/audiolibrary/ad_supported_music

example: Peter Gunn theme (Mancini) ok in all but Germany, but Peter Gunn (Blues Brothers) blocked in 242 countries incl. usa

[Michael Bishop]

Good points Jazz Cat, thanks for sharing. It can vary from song-to-song, music company-to-music company, etc.. It’s always a good rule of thumb to follow, when in doubt then check it out so that way we cover our tracks. The ones I share with on my youtube channel are all generic tracks and are widely available to anyone, I’ve never had any problems–it’s been a cool way to connect with other people on youtube.

[Author]

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