OMG, this video came at the right moment when I'm completing an assignment for my Legal Aspect of Media class. Thank you for posting this amazing video, talking about the right timing.
Gordon, Thank you. The world needs more kind hearted, smart entrepreneurs such as yourself.You've really capitalized on the world of social and have created useful, informative content. I watched your video and have the following take aways regarding my particular situation. The purpose and character of the alleged use is for commentary, education and criticism. The amount is only enough to make the commentary. For example, about 20-30 seconds of a song. The nature of the original work is artistic, although some might argue the artists made the work for the intent of commercial gain. I feel the commentary on the music can only benefit the original market value of the song because it will be talked about positively and shared with more people. In this particular case regarding my podcast, I think it's likely if someone objects that they'll issues a DMCA takedown notice. What I've learned is that the safest way is to reach out for permission before publishing the episode.
“Don’t take from others what you would resent them taking from you” Thanks for this... I’m tired of the lack of understanding on this. Only sure litmus test: You stand in front of a judge and he tells you what’s what. After spending a lot of money. Each case must be viewed on its own.
I am having trouble locating info or legal advice regarding making TH-cam videos playing on the piano a wealth of my piano repertoire such as popular music, classical, gospel, show tunes, movie themes. Very old and modern. All using my purchased sheet music. Can you direct me where I could find this specific info. I also plan to use some original improvisational style of my own. Thank you for any tips!
Unless you have obtained permission to make a video of your performance of a song (written within the last 95 years), you are likely to encounter copyright strikes and claims of infringement. Merely owning the sheet music does not confer the right to synchronize that music with images and other material (like video). TH-cam DOES have a large repertoire of musical works that ARE cleared for exhibition on the platform, but those may be limited by territory, in some instances. You'll need to search by title and author to determine which songs are so licensed. Improvisational style is great, as long as you're not hanging your improv on the framework of an existing composition. Otherwise, what you're doing is making a 'derivative work', another of the exclusive rights reserved to copyright owners. Arrangements and mashups similarly require licensing. Works originally written / published prior to 1927 are now in the public domain, and are safe to use. Works written after 1927 and before 1978 will have a 95 year duration of copyright protection from the date of first publication. Works after January 1, 1978 will have a duration of 70 years beyond the author's death. So a very long time.
Thank you so much i would really appreciate if you can give me some answer. I know it has to be review and all. It would mean a lot to me because doing music video of my favorite song is absolutely something i love to do since im not a good singer
Lheensayleen creating a music video requires permission from both the music publisher and the record company. Unfortunately, it's unlikely they'd authorize it. If they did, I'd expect a fairly large sum of money to change hands.
What do Public Libraries need to know, or do, if a musical artist wants to do an educational event on a recording artist from an era - say, Frank Sinatra, by performing his famous songs?
Any venue would need a performing rights license from ASCAP and/or BMI. I’m not aware of any exception for libraries in the scenario you present, though there are some limited exceptions for educational settings, etc.
If I am putting together a training video for my place of work can I take segments of various videos, both live action and animated that contain examples of the subject, in this case, accidents in the workplace? For example, some of the accidents that Tim Taylor has in Home Improvement?
The biggest mistake is: People think the US-american "Fair Use" is valid world wide. But it is not! For e.g. in Germany we don't have "Copyright"; we've "Urheberrecht" what is totally different to the USA.
Hi Gordon, If I were asked to do a live facebook stream for a charity event with no monetization on my part does the organizer have to get copyright permission for each cover song and am I liable as a participant?
If a band puts together a CD of 20 samples of cover songs they sing (40 seconds or less each song)--Can they put it up on Facebook without violating copyright? Do they have to get permission for each song snippet? Thanks in advance.
Thank you so much for providing these videos, Gordon. Do you think it would be possible to do a music review TH-cam channel where I provide my reasons on why a song should be listened to by the user? I'd use about 10 seconds of the song, provide my feedback, and then have a link to the official TH-cam music video at the end of my episode. Am I just asking for a DMCA takedown notice?
James Shomo the youtube contentid system will likely flag these videos, and for most of them. That will man monetizing and sharing the money with music publishers... but some may get taken down. I’d suggest checking the songs you want to use against TH-cam’s list of precleared music, so you avoid using things that’ll be problematic.
A LOT of TH-camrs are in A LOT of trouble!!! I don't think TH-cam does enough to make the copyright policies clear. We ALL see A TON of people singing cover songs, posting movies, and reading kids storybooks, and nothing is happening to them, at least it takes several years for them to get caught. Anyhow, it is a bad example to the rest of us and makes us think we are free to post anything we want.
TH-cam other wise known as Google and it's parent company Alphabet Inc has cut a deal with hundreds of Artists and their labels making it possible for people to upload cover song videos. When they do, ad revenue is shared accordingly with label and artist. This little fact is not widely published to the TH-cam creators that I know of. I have just learned it today my self. Essentially though, we are not free to upload anything we want, there are laws and rules we must follow. 2 wrongs don not make it right. Now that being said, I will say this, I was recording a YT video and my neighbor who loves music as much as I do was jamming some old country and Hank Williams Sr came on. I got a Copyright Infringement Strike against my account for my NEIGHBOR playing music. It just so happened it came through in my video and I chose to upload it anyhow. It happened again 8 more times with all music that UMG has the rights too. So now I have to make sure no neighbors or myself has a radio playing if I make a video and I have to make sure no one is humming a tune or singing in the background. Its pure ridiculous. UMG and TH-cam and UMG combined are wrapped up WAY to tight.
DjPorkchop73 - The Law is on their side though and they have more lawyers than the number of times you and 10 people you know will fart, burp and hiccup for life...
Hi, I have made an accounting course and was wondering if I could use very small clips (no longer than 5-7 seconds) just for the sake of students' entertainment. Because I hate saying it but accounting could otherwise be a bit of a dull subject, lol. Should I be able to use them?
Super long comment but hope you can respond. My friend filmed a documentary about the political events that are taking place currently and from the last few years. He wants to use footage and photos tagged as editorial that he found on Getty images, Shutterstock and others. All are within his budget but the part that has us confused is it says on the websites they can’t be used for commercial use but then right below the clips it gives examples of what they can be used for and examples are documentary along with magazines and tv ads. There is an additional commercial use fee but that seems to only cover indemnification if my friend were to get sued. We thought any editorial content could be used for commercial use and who releases a documentary for free? Even more confusing is news stations such as CNN and even local news stations have recently showed the editorial content and they are all over TH-cam with ads running and my friend confirmed with his local news station they are monetizing them and not the copyright owners. Does this make any sense to you? Perhaps the term commercial is used in a different form? It seems odd that anyone would purchase an add on for 3500 per clip for indemnification protection.
Your friend will need to verify the scope of what's permitted under the editorial use license. Typically, using in a documentary is within that scope, even if tickets are sold or it's licensed for a fee. Usually, "commercial" means that the footage is being used in an ad for a product or service. But, the term should be defined in the agreement... so read carefully, or have a lawyer review... or talk to the folks at the stock companies.
@@gfiremark stock companies didn’t include much in the terms and when I asked I was told commercial always mean selling anything including a documentary
@@gfiremark so you are saying if one Is directly selling a documentary as a digital download that’s not defined as commercial use because it’s not advertising a product or service?
Great information but my shallow brain didn't walk away with the answer I am seeking. If you still monitor and don't mind answering I'd love it. I teach pre-recorded, online Voice Over classes. I have an idea to examine and breakdown voice overs in television and radio commercials. My question is whether or not any part of what I just typed throws up an immediate DON'T DO IT flag. I wanted to show/play :30 second commercials in their entirety and then discuss and break them down. People do pay to take my courses.....I would get the videos from places where they are publicly posted online. One alternative to using them I've been made aware of is just to provide links to them. But those links can change and again the class is pre-recorded. Plus just providing a link kind of erases about 1/2 of the whole idea of the class. Thanks in advance if you have a chance to reply
Mike E Thanks for your question. Technically, what you described does require permission, though the doctrine of fair use certainly could apply. In practice, it may be difficult to track down the advertiser or the advertising agency that owns the copyright. It’s also pretty unlikely that the advertiser will mind that the ad is being shown. But be careful if the ad includes music, or other third party material. It’s probably safest to embed the videos, rather than make copies. Of course, any copyright owner can sue, so weigh the risks carefully.
Not sure what to do here, I shot some video at a local town event in which there are songs playing in the background while I was interviewing local crafts artists, that I have unsuccessfully tried to take out of the video. How do I proceed? Do I scrap the interviews and proceed without them? There needs to be a video on this topic. Please help.
Kimberley and Davey Page Chasing Retirement TH-cam just recently announced it’s policy on non-intentional, incidental uses of music. Have a look around for their info. support.google.com/youtube/thread/12069598?hl=en
Thank you for these videos. Perhaps you would be willing to shed some light on this scenario: I am a paid wedding videographer. During the wedding I record a hired musician covering a popular Christian rock song. The wedding takes place at a private residence, not a venue. The video would include either partial or all of the audio from said performance. The video would be given to the couple and posted online for public viewing. Could this be considered copyright infringement? Thank you.
Thank you! Quick question. I'm making a review video for a game and I wanted to interject a famous movie quote in between each section to sum up the next upcoming section. For example, at the end of my video I plan on putting this clip (th-cam.com/video/efHzGxEzDQA/w-d-xo.html) from On The Waterfront to kinda of sum up the review would that constitute fair use?
What if a tv show has been out of circulation an has not been seen on tv for more than 20 years or more an I want to post episodes of a certain show is this copyright infringement an is this okay for me to do so!!!!
Jody Smith yes, it IS copyright infringement, and NO you may not post episodes. It's a NOT ok. The copyright in a TV show persists often as long as 120 years from its first publication...
Hi dude. I am making a video analysis on a certain anime and I will me using little clips here and there (not showing the eintire episode, just clips), if I give credit to the copyright owner, is it ok to post online? I won't be making any money on it.
Gordon Firemark Hi dude. I am making a video analysis on a certain anime and I will me using little clips here and there (not showing the eintire episode, just clips), if I give credit to the copyright owner, is it ok to post online? I won't be making any money on it.
Sorry man just because you are doing it for free doesn't save you the company can still claim the video which at that point you have to ask for them to reclaim the strike if no response just let them take it wait the three months even if you give credit it won't protect you you have to have permission in your case trust me this just happened to me and the only thing I regret was not asking the original creator if I could use their video
Ok, so you are making a documentary for profit. You obtained some footage that was shot on private property, like for instance a shopping mall. The person shooting the footage approves use of the footage, but they did not get approval to shoot on that private property, ie: the mall. Do you also need to get approval from the mall? Or are mall's determined to be "semi public, semi private"?
all i want to do is react to movie trailers, i see lots of people doing it. . all i want to do is talk to people about movies, not doing it for the money. will i get in trouble?
OMG, this video came at the right moment when I'm completing an assignment for my Legal Aspect of Media class. Thank you for posting this amazing video, talking about the right timing.
Hi Gordon. I've starting creating content. Your explanation about Fiar Use is excellent: Clear and concise. Very helpful!
i love ur presentation sir.
Gordon,
Thank you. The world needs more kind hearted, smart entrepreneurs such as yourself.You've really capitalized on the world of social and have created useful, informative content.
I watched your video and have the following take aways regarding my particular situation.
The purpose and character of the alleged use is for commentary, education and criticism.
The amount is only enough to make the commentary. For example, about 20-30 seconds of a song.
The nature of the original work is artistic, although some might argue the artists made the work for the intent of commercial gain.
I feel the commentary on the music can only benefit the original market value of the song because it will be talked about positively and shared with more people.
In this particular case regarding my podcast, I think it's likely if someone objects that they'll issues a DMCA takedown notice.
What I've learned is that the safest way is to reach out for permission before publishing the episode.
Trevor Joren thanks for your kind words. I’m grateful.
Hey Gordon, Thanks for the video!! You're the best!!!
“Don’t take from others what you would resent them taking from you”
Thanks for this... I’m tired of the lack of understanding on this.
Only sure litmus test: You stand in front of a judge and he tells you what’s what.
After spending a lot of money.
Each case must be viewed on its own.
What about life
I am having trouble locating info or legal advice regarding making TH-cam videos playing on the piano a wealth of my piano repertoire such as popular music, classical, gospel, show tunes, movie themes. Very old and modern. All using my purchased sheet music. Can you direct me where I could find this specific info. I also plan to use some original improvisational style of my own. Thank you for any tips!
Unless you have obtained permission to make a video of your performance of a song (written within the last 95 years), you are likely to encounter copyright strikes and claims of infringement. Merely owning the sheet music does not confer the right to synchronize that music with images and other material (like video).
TH-cam DOES have a large repertoire of musical works that ARE cleared for exhibition on the platform, but those may be limited by territory, in some instances. You'll need to search by title and author to determine which songs are so licensed.
Improvisational style is great, as long as you're not hanging your improv on the framework of an existing composition. Otherwise, what you're doing is making a 'derivative work', another of the exclusive rights reserved to copyright owners. Arrangements and mashups similarly require licensing.
Works originally written / published prior to 1927 are now in the public domain, and are safe to use.
Works written after 1927 and before 1978 will have a 95 year duration of copyright protection from the date of first publication.
Works after January 1, 1978 will have a duration of 70 years beyond the author's death. So a very long time.
Would using 10 seconds of an audio clip from a movie create trouble? These would be on a sound board for gaming videos.
Thank you so much i would really appreciate if you can give me some answer. I know it has to be review and all. It would mean a lot to me because doing music video of my favorite song is absolutely something i love to do since im not a good singer
Lheensayleen creating a music video requires permission from both the music publisher and the record company. Unfortunately, it's unlikely they'd authorize it. If they did, I'd expect a fairly large sum of money to change hands.
Get a friend to cover the song, then pay licensing through harry fox agency for mechanical and streaming. Done.
Then what you are saying they can argue against any of it so then there is no fair use
What do Public Libraries need to know, or do, if a musical artist wants to do an educational event on a recording artist from an era - say, Frank Sinatra, by performing his famous songs?
Any venue would need a performing rights license from ASCAP and/or BMI. I’m not aware of any exception for libraries in the scenario you present, though there are some limited exceptions for educational settings, etc.
Thank you for the explaination.
5 years ago?
Yes. And the law really hasn’t changed significantly in that time.
If I am putting together a training video for my place of work can I take segments of various videos, both live action and animated that contain examples of the subject, in this case, accidents in the workplace? For example, some of the accidents that Tim Taylor has in Home Improvement?
The biggest mistake is: People think the US-american "Fair Use" is valid world wide. But it is not! For e.g. in Germany we don't have "Copyright"; we've "Urheberrecht" what is totally different to the USA.
Hi Gordon, If I were asked to do a live facebook stream for a charity event with no monetization on my part does the organizer have to get copyright permission for each cover song and am I liable as a participant?
I like this explanation about Fair Use. Thumbs up!
If a band puts together a CD of 20 samples of cover songs they sing (40 seconds or less each song)--Can they put it up on Facebook without violating copyright? Do they have to get permission for each song snippet? Thanks in advance.
Thank you so much for providing these videos, Gordon. Do you think it would be possible to do a music review TH-cam channel where I provide my reasons on why a song should be listened to by the user? I'd use about 10 seconds of the song, provide my feedback, and then have a link to the official TH-cam music video at the end of my episode. Am I just asking for a DMCA takedown notice?
James Shomo the youtube contentid system will likely flag these videos, and for most of them. That will man monetizing and sharing the money with music publishers... but some may get taken down.
I’d suggest checking the songs you want to use against TH-cam’s list of precleared music, so you avoid using things that’ll be problematic.
A LOT of TH-camrs are in A LOT of trouble!!! I don't think TH-cam does enough to make the copyright policies clear. We ALL see A TON of people singing cover songs, posting movies, and reading kids storybooks, and nothing is happening to them, at least it takes several years for them to get caught. Anyhow, it is a bad example to the rest of us and makes us think we are free to post anything we want.
TH-cam other wise known as Google and it's parent company Alphabet Inc has cut a deal with hundreds of Artists and their labels making it possible for people to upload cover song videos. When they do, ad revenue is shared accordingly with label and artist. This little fact is not widely published to the TH-cam creators that I know of. I have just learned it today my self.
Essentially though, we are not free to upload anything we want, there are laws and rules we must follow. 2 wrongs don not make it right. Now that being said, I will say this, I was recording a YT video and my neighbor who loves music as much as I do was jamming some old country and Hank Williams Sr came on. I got a Copyright Infringement Strike against my account for my NEIGHBOR playing music. It just so happened it came through in my video and I chose to upload it anyhow. It happened again 8 more times with all music that UMG has the rights too. So now I have to make sure no neighbors or myself has a radio playing if I make a video and I have to make sure no one is humming a tune or singing in the background. Its pure ridiculous. UMG and TH-cam and UMG combined are wrapped up WAY to tight.
DjPorkchop73 - The Law is on their side though and they have more lawyers than the number of times you and 10 people you know will fart, burp and hiccup for life...
Hi, I have made an accounting course and was wondering if I could use very small clips (no longer than 5-7 seconds) just for the sake of students' entertainment. Because I hate saying it but accounting could otherwise be a bit of a dull subject, lol. Should I be able to use them?
You’ll need permission.
So clear and encompassing 👍🏼❤️
Super long comment but hope you can respond. My friend filmed a documentary about the political events that are taking place currently and from the last few years. He wants to use footage and photos tagged as editorial that he found on Getty images, Shutterstock and others. All are within his budget but the part that has us confused is it says on the websites they can’t be used for commercial use but then right below the clips it gives examples of what they can be used for and examples are documentary along with magazines and tv ads. There is an additional commercial use fee but that seems to only cover indemnification if my friend were to get sued.
We thought any editorial content could be used for commercial use and who releases a documentary for free? Even more confusing is news stations such as CNN and even local news stations have recently showed the editorial content and they are all over TH-cam with ads running and my friend confirmed with his local news station they are monetizing them and not the copyright owners.
Does this make any sense to you? Perhaps the term commercial is used in a different form? It seems odd that anyone would purchase an add on for 3500 per clip for indemnification protection.
Your friend will need to verify the scope of what's permitted under the editorial use license. Typically, using in a documentary is within that scope, even if tickets are sold or it's licensed for a fee. Usually, "commercial" means that the footage is being used in an ad for a product or service. But, the term should be defined in the agreement... so read carefully, or have a lawyer review... or talk to the folks at the stock companies.
@@gfiremark stock companies didn’t include much in the terms and when I asked I was told commercial always mean selling anything including a documentary
@@OffbeatBryce then don't use their footage in the ADS or trailer for the documentary
@@gfiremark so you are saying if one
Is directly selling a documentary as a digital download that’s not defined as commercial use because it’s not advertising a product or service?
@@OffbeatBryce No. Commercial means "in advertising". but using footage inside the body of a documentary is "editorial".
Great information but my shallow brain didn't walk away with the answer I am seeking. If you still monitor and don't mind answering I'd love it. I teach pre-recorded, online Voice Over classes. I have an idea to examine and breakdown voice overs in television and radio commercials. My question is whether or not any part of what I just typed throws up an immediate DON'T DO IT flag. I wanted to show/play :30 second commercials in their entirety and then discuss and break them down. People do pay to take my courses.....I would get the videos from places where they are publicly posted online. One alternative to using them I've been made aware of is just to provide links to them. But those links can change and again the class is pre-recorded. Plus just providing a link kind of erases about 1/2 of the whole idea of the class. Thanks in advance if you have a chance to reply
Mike E Thanks for your question. Technically, what you described does require permission, though the doctrine of fair use certainly could apply. In practice, it may be difficult to track down the advertiser or the advertising agency that owns the copyright. It’s also pretty unlikely that the advertiser will mind that the ad is being shown. But be careful if the ad includes music, or other third party material.
It’s probably safest to embed the videos, rather than make copies.
Of course, any copyright owner can sue, so weigh the risks carefully.
Not sure what to do here, I shot some video at a local town event in which there are songs playing in the background while I was interviewing local crafts artists, that I have unsuccessfully tried to take out of the video. How do I proceed? Do I scrap the interviews and proceed without them? There needs to be a video on this topic. Please help.
Kimberley and Davey Page Chasing Retirement TH-cam just recently announced it’s policy on non-intentional, incidental uses of music. Have a look around for their info.
support.google.com/youtube/thread/12069598?hl=en
Outstanding video!
Thank you for this channel!
thanks for that .from Scotland
but movie trailers are meant to be seen by the public , all i would be doing is giving my reaction to it.
Thank you for these videos. Perhaps you would be willing to shed some light on this scenario: I am a paid wedding videographer. During the wedding I record a hired musician covering a popular Christian rock song. The wedding takes place at a private residence, not a venue. The video would include either partial or all of the audio from said performance. The video would be given to the couple and posted online for public viewing. Could this be considered copyright infringement? Thank you.
@Gordon Firemark what a relief it is to finally know how to handle scenarios like this. Huge thanks again!
Thank You.
Thank you! Quick question. I'm making a review video for a game and I wanted to interject a famous movie quote in between each section to sum up the next upcoming section. For example, at the end of my video I plan on putting this clip (th-cam.com/video/efHzGxEzDQA/w-d-xo.html) from On The Waterfront to kinda of sum up the review would that constitute fair use?
Thank You for this video! :-)
What if a tv show has been out of circulation an has not been seen on tv for more than 20 years or more an I want to post episodes of a certain show is this copyright infringement an is this okay for me to do so!!!!
Jody Smith yes, it IS copyright infringement, and NO you may not post episodes. It's a NOT ok. The copyright in a TV show persists often as long as 120 years from its first publication...
Full episodes? This is an extraordinarily bad idea! Do not do it!
OK I will resist my urge to post full episodes of TV graveware.
[inserts sarcasm icon]
Hi dude. I am making a video analysis on a certain anime and I will me using little clips here and there (not showing the eintire episode, just clips), if I give credit to the copyright owner, is it ok to post online? I won't be making any money on it.
Gordon Firemark
Hi dude. I am making a video analysis on a certain anime and I will me using little clips here and there (not showing the eintire episode, just clips), if I give credit to the copyright owner, is it ok to post online? I won't be making any money on it.
Sorry man just because you are doing it for free doesn't save you the company can still claim the video which at that point you have to ask for them to reclaim the strike if no response just let them take it wait the three months even if you give credit it won't protect you you have to have permission in your case trust me this just happened to me and the only thing I regret was not asking the original creator if I could use their video
Ok, so you are making a documentary for profit. You obtained some footage that was shot on private property, like for instance a shopping mall. The person shooting the footage approves use of the footage, but they did not get approval to shoot on that private property, ie: the mall. Do you also need to get approval from the mall? Or are mall's determined to be "semi public, semi private"?
@Gordon Firemark thank you for this response. Very helpful.
Is that your real name? Because omg that’s an awesome name.
Thanks for the info handsome
Where is homebase for you?
AWSOMUS PRIME I’m in Los Angeles
Gordon Firemark -thanks...
@@gfiremark -can you give me a price on sending a cease and desist letter?
all i want to do is react to movie trailers, i see lots of people doing it. . all i want to do is talk to people about movies, not doing it for the money. will i get in trouble?
Thank you and I signed up/ sent you an email :)
Thanks for a informative video. Have a skilful time. Pinge
I hate lawyers and bullshit laws.
IL TELL YOU WHO CARES