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Copyright/Fair Use policy on audio used in videos.

C

Coldkilla

Diamond Member
Alright I just need to get this cleared up because I'm hearing different things from different people.

Say I have a video that contains music that I own. Say I put the video on a video sharing site like YouTube and show it around to a few thousand people. I credit them properly in the video itself and in the description field. The video does not serve as purpose other than a hobby to make videos. Nothing is gained financially or otherwise.

Can I use this music? I've also thought about adding a disclaimer prior to the start of the video:

This video contains copyright material that is being used under the FAIR USE
provisions of international law.

This video is in no way associated with value or any associated parties.

All copyrights being to their respective owners.
Click to expand...

I'm not entirely sure if I can use the music I have or if the music has to be 100% created by me. If there is a way to legally present the video on websites such as YouTube, I'd like to hear what some of the things are that I should mention in order to not have the video revoked from their website.
 
the thing is while you aren't profiting from the video, youtube is. if the music is incedental to the video(song in background while taping dancing tot) should have no issues. If it's a user produced music video, the song is the object, so youtube would probably take the vid down if the copy right owner requests it.
 
Alright so lemme get this straight. If its used in some background during some random camera shooting, thats fine. But if its used as an "object" its not fine?

I make movies from video games, using actors etc.. sometimes those videos get as much as 20,000 views but I'm not sure how long they'll last before they are taken down (if they are taken down). I created a film about 5 years ago in my film class in high school and I asked the teacher about using a few songs I owned and he said, "Well as far as I'm concerned is that its part of the 'fair use' policy and you can use it". When does that come into play?

So having this disclaimer & accreditation doesn't even help? Why can't I use music that I own to produce something that obviously financially (or otherwise) benefits no one? Any suggestions as to ether how I can improve my chances, etc?
 
If the content was NOT created by YOU and you do not get permission from the creator/owner than that is NOT considered fair use.

It's explained well here.
 
Well, first of all, you don't "own" the music (I'm assuming you mean that you purchased the CD, and not that this is music you actually wrote and performed). You own a license to play that CD in your home stereo, car, etc. for your own enjoyment. That license usually does not allow you to use the music in other creative works.

That said, I'd consider it fair use, but I'm pretty liberal when it comes to copyright issues so my opinion is probably biased/wrong. I'd say just upload the video, the worst-case scenario is that the studio would send a DMCA notice to YouTube and your video would get taken down.

edit: I'm a bit confused, what is the video you are planning to upload? Is it the video game thing you mentioned earlier, and the music is just in the background?
 
unless you own the rights to use the music in the video, you do not have fair use.
just put up the credit for the music. artists usually don't go and chase down usage on youtube unless it is obscene, and in the case the studio does, you get a cease and desist from some law firm, you take it down, no harm no foul.
just don't go publishing it and making money from it.
 
Fair use is a rather nebulous concept. It basically comes down to what a judge or jury will buy. I'd say you'll probably be OK because you're using it for personal use and not making money off of it. If the owner has a problem, he will most likely send a cease-and-desist letter.

And contrary to what's been stated, permission or ownership is NOT required for a fair use defense.
 
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