I thought you were mega famous on TH-cam. I've been watching you non stop for a month now and never looked at your subscriber number. Watch and followed for the great videos. Such fantastic content. Keep it up! I'm such a proud early subscriber OMG
Thank you for the very clear explanation! Tom Scott released a video arguing that copyright law is unduly prohibitive in the modern world. I would be curious about your thoughts on that. I thought his arguments were pretty compelling, but I'm a person who sunk their future in the dark sea of music school debt, not law school.
This brings up the question of inspired works and "fanart/fanfiction", I guess. If a piece of media (such as literature or music) is used as inspiration for a graphic artwork for example, and the new work created is heavily inspired by the said piece, but is no longer in the same media as before, is it still considered copyright infringement and needing the permission of usage? And if it is, what types of licenses exist for new work usage?
Courts have used it like that. That's one of the main reasons Ao3 exists- so people can have a safe space for fanfic works/authors. They go to court for you/help you lots in court
Fanart and fanfiction are almost always derivative works based on preexisting copyrighted material. Given that the copryright holder holds the sole right to produce derivative works, they thereby constitute a copyright violation.
Another element that I recently learned about is that different countries have different copyright, and you are held to the creator country's laws. So you can't use a Chinese work and call it fair use. They don't have fair use in China. It's all just copyright.
One of the few good things that has come of the fact that copyright does not pass into the public domain when or soon after the creator dies is the amount of money Great Ormond Street Children's Hospital has made from being bequeathed the rights to the Peter Pan story by J.M. Barrie.
I have 2 questions!! 1) if you have music playing in the background of a live stream, would you have any issues with copyright? Or would you only have an issue if said live was published permanently? 2) would your most recent react video to bussy queen’s video be a good example of the fair use act? Since you were commenting on their video and you only used small clips of their videos?
I'm no lawyer but I do work in social media etc, and I'm sure the answer to Q1 is yes- I've heard of people's Facebook livestreams for example getting muted or shut off due to copyrighted music being automatically detected in the background. I think that would count as a public performance of the music- so still covered by copyright law.
abolishing intellectual property will remover this confusion and actually give consumers more control of their property. We can do this by amending the u.s. constitution.
I love your channel thank you so much. Question, a photographer took my drag picture. I loved the picture. Do I have copy right over it, or does the photographer, or do we share it?
The photographer owns the copyright unless you signed an agreement that says otherwise! Check out my video on Emily Radajkowski, I explain that a little more
This is why I only use music from TH-cam artists who say in the video descriptions that they give permission for the song to be used with credit to the artist.
I've always wondered if having the radio playing in the background grounds for a strike and have your video taken down? (common problem on instagram) Also, how legal is it for youtube to strike and/or monetize your video on 'behalf of someone else' when you are using royalty free music as background music that does not belong to that other someone. (NoCopyrightSounds and other royalty free/copyright free music and sound providers are struggling with this one, since they are losing their fanbase from this, for obvious reasons)
Always such great content! Here’s my question; I see creators critiquing another TH-camr and using footage from that TH-camrs video. Often they will distort the image or voice, I assume to avoid the copyright issue. Does that work?
In regards to music in background, what is the situation with Instagram reels? It gives you music to choose from which, presumably, are copyrighted. In this case, would Instagram have gotten permission, like a blanket permission of use copyright, or could using that music still cause trouble?
So now that put another question in my head on this subject. Is singing to a Karaoke track on another streaming platform legal? I imagine the karaoke track has some sort of agreement with company so the singing karaoke isn't illegal, but if you were to be tipped in some form would that be copyright infringement. I don't currently do this on lives, but I do the Karaoke part with other apps (Smule), but this app doesn't do any monetary kick backs. Its mostly just for fun, but then again if you get tips at Karaoke could that be considered capital gains on someone else's creation?
Say you use a copyrighted work without knowing it's copyrighted and the owner finds out but doesn't mind, is that still infringement? Can they give retroactive permission? If they don't want to sue you can anyone ELSE sue you for the same infraction? (This isn't based on anything, I'm just curious.)
Good questions! Yeah if the copyright owner doesn't mind, it's still infringement and they'd have the right to sue you but they likely wouldn't go to the trouble. There's a lot of reasons why someone wouldn't bother suing for copyright infringement, especially given how expensive it is. Like, for example, if someone does a cover of your song, technically they needed to ask permission for that but if a band starts going around suing people for covering their songs that's going to damage their reputation. This is why citing your sources is always a good idea -- it doesn't mean you're not infringing, but it will give the copyright holder credit and may appease them enough that they won't bother suing you.
The following question came to mind as I watched this video. Can you withdraw the permission you gave an individual(s)/entity(ies) after they have used your work? If it was not specifically mentioned as to what they may use your work for, and if they used it to make money before you withdrew your permission (assuming one may withdraw their given permission) could one file a lawsuit to get some of the money the other made through one's work if the permission was given but never acknowledged by the other party and then the creator successfully withdrew their permission???
I have a to admit that in this channel was the first place in my life where I've heard the word "attorney", I always thought the word was "lawyer" cuz in Spanish (my first language) both of this words translate as the same, "abogado"
I'm sure you've been asked this before, but would you consider reacting to Lindsay Ellis' Omegaverse videos? Both the videos and lawsuit are very entertaining, but I always wondered if Linday was entirely correct abt her being 100% in the clear vs. Addison Cain. I'm pretty sure that she was right in that a court *would've* ruled in her (LE) favour, but does that mean that AC had no claim? Anyways, excellent and informative as always! :)
Hey, Leeja, I have a question about copyright and fair use that I'm curious if you can help with. If you would like some form of compensation for the advice, I'd be glad to send. When it comes to people choreographing to music whether it be for a dance, compilation video, gymnastics performance, singing, etc., how can you avoid infringing on copyrights without a license from the owner of the copyright saying you have performance rights? I've always wondered how people get away with "time-sync" projects (which I believe was the word used when I was learning about this in Graphic Design class)
2nd Question. Where do we find the creator? Is there a general gov forum? How does the disclaimer “I don’t own any of the following tracks. Please see them if you like them.” How do reviews of songs and movies observe these laws?
When you mentioned Spotify, they have playlists that are labeled as "Royalty Free-good for streaming" do you think that means they've given the rights to allow it to play in the background while streaming or as soundtrack music for a TH-cam video, or is that still infringement without direct consent? Thanks!
(Not a lawyer-but) my understanding of royalty free music is that the person wanting to use the music (Spotify) would pay a one time fee to license the tracks for a particular broad list of purposes, and so I would think the onus would be on Spotify to ensure that the license embodies that type of use if it is advertising it as such. Royalties on the other hand are a pay-per-use type system in which every time a track is played in a public setting, downloaded or aired in a commercial, say, a small fee is collected by that copyright owner which adds up over time.
I doubt you check old video comments but I wonder how copyright laws work with drag performers. Specifically ones that are recording their performances and sharing them online with music from popular artist. Does this fall under the parody category? I used to perform and never would have thought about needing to ask permission to use the material since it’s such a norm for queens to perform popular music. Would love to hear thoughts on this. - a legal studies student
copyright law is the easiest and most rewarding law to break imho xD it's one of those laws that seem like they're made to be broken, like defamation laws or vpn use in china? where everyone's technically breaking the law, and the govt chooses to crack down on select individuals Just Because. tbh i don't see how the manga/musical communities would even hold up without scans and bootlegs. or how college students would even survive without sci-hub, libgen, or internet archive. or if people would even watch movies or tv shows without illegal streaming sites. i feel like most internet dwellers've broken copyright law at some time in their lives?
I draw a lot and I'm in a community of artists on twitter and Instagram or whatever, and so, every time I ask them about their stuff I'll definitely start using "license" as a term more frequently lmaooo
So, the videos you have posted where you watch movies and comment on them are fair use. BUT someone could technically sue you and make you prove it to a court because it's a gray area? Is that right?
Correct! However TH-cam has a copyright filter that usually tags my reaction videos for copyright infringement and then I have to contest it and argue fair use, and then the company in all cases but one has released the video and their copyright claim on it. So I’d imagine if they were to turn around and try to sue me they wouldn’t have much recourse, but yeah that would be up for a judge to decide.
I do have a question for you! Hope I get an answer 🤞 if someone creates a "tool" or a "method" to go about something but you created at work. Are you the owner or the company you work for?
(Not a lawyer-but) That would fall under employment law and also IP law I think, and more specifically, the contract you entered into when signing into a position with a company. Many companies, if not most, stipulate in their contracts that anything you develop for the purposes of your job while working for them is their intellectual property. I do think there are exceptions to this idea where it wouldn’t be enforceable, but most of the time, your employer owns that IP. A recent employment contract of mine had a specific space where I was to explicitly list ‘previous inventions’ that I would be bringing into the new position or using on the job that I wanted to claim as my own intellectual property prior to commencing work there, after which time, they would own the rights to anything I came up with.
Yup. And this is why when I’m managing a business’ Instagram, I ALWAYS ALWAYS ALWAYS ask for permission before I share anything. Especially if there are kiddos involved, it takes about 2 minutes to cover your ass and ask for permission, and saves a whole world of potential risk!
I'm just wondering, if I use "copyright free" music or movie scores as background music and it's barely audible in videos that I distribute online for purchase (short +- 15 min clips), does that infringe copyright law? Because I can make videos... not music lol
So there’s no such thing as “copyright free” music. You can use music if the copyright owner has given you a license. There are websites like epidemic sound where you pay a monthly fee and that gives you a blanket license to use any music on the site in your work. Or you can use the music in TH-cam’s music library for videos because they have properly licensed the music meaning the copyright owner has given TH-cam permission to let anyone put their music in their videos. So just be sure what the license is that allows you to use the music and whether it’s a commercial license, like has the copyright owner given permission for people to use the music in commercial work? What’s the scope of the license? Unless the work is in the public domain (meaning it was created before 1924), there is likely someone who owns the copyright to the music and you want to make sure you’re getting the correct permissions
Even tattoo artists disagree on that one, AND who owns the work, them or the client. All artists copy when they are learning and then most develop their own style. They also seem to have no problem tattooing other artists' work from Hello Kitty to Vincent van Gogh, so I would say, at best, it's a gray area but there's more than a little of the kettle calling the pot black on that subject.
I work in a coffee shop and I shuffle my liked songs on Spotify over the speaker whenever I'm working (cus the radio is aweful and they play the same 10 songs on repeat) does that mean that I'm technically violating copyright law over 100 times a day? 😳👁️👄👁️
Genuinely it could possibly be considered that, albeit it would likely be the onus of your employer. The reason many stores play the same 10 songs on repeat is because that is music they legally have purchased the license to use.
My boyfriend actually works for a company that sells background music for companies. In short, yes, you're going against copyright by putting your radio on in the business.
@@LeejaMiller to be fair a vast majority of the songs I've remixed the things like the stems, acapellas and other stuff have been officially released by the artist's themselves for the sole purpose of remixing... Does that count as consent?
These videos are so high effort, can't wait until this channel gets the recognition it deserves!
I thought you were mega famous on TH-cam. I've been watching you non stop for a month now and never looked at your subscriber number. Watch and followed for the great videos. Such fantastic content. Keep it up! I'm such a proud early subscriber OMG
🥺🥺🥺 thank you!!! That’s the dream !!
Yay for 50k!
With the music side, what does covering a song fall under? Especially if the performer is getting tips while doing the cover?
Leeja, this was very helpful, thank you. Enjoying your channel a lot, keep up the great work.
Thank you for the very clear explanation! Tom Scott released a video arguing that copyright law is unduly prohibitive in the modern world. I would be curious about your thoughts on that. I thought his arguments were pretty compelling, but I'm a person who sunk their future in the dark sea of music school debt, not law school.
This brings up the question of inspired works and "fanart/fanfiction", I guess. If a piece of media (such as literature or music) is used as inspiration for a graphic artwork for example, and the new work created is heavily inspired by the said piece, but is no longer in the same media as before, is it still considered copyright infringement and needing the permission of usage? And if it is, what types of licenses exist for new work usage?
Courts have used it like that. That's one of the main reasons Ao3 exists- so people can have a safe space for fanfic works/authors. They go to court for you/help you lots in court
Fanart and fanfiction are almost always derivative works based on preexisting copyrighted material. Given that the copryright holder holds the sole right to produce derivative works, they thereby constitute a copyright violation.
Another element that I recently learned about is that different countries have different copyright, and you are held to the creator country's laws. So you can't use a Chinese work and call it fair use. They don't have fair use in China. It's all just copyright.
One of the few good things that has come of the fact that copyright does not pass into the public domain when or soon after the creator dies is the amount of money Great Ormond Street Children's Hospital has made from being bequeathed the rights to the Peter Pan story by J.M. Barrie.
I have 2 questions!!
1) if you have music playing in the background of a live stream, would you have any issues with copyright? Or would you only have an issue if said live was published permanently?
2) would your most recent react video to bussy queen’s video be a good example of the fair use act? Since you were commenting on their video and you only used small clips of their videos?
I'm no lawyer but I do work in social media etc, and I'm sure the answer to Q1 is yes- I've heard of people's Facebook livestreams for example getting muted or shut off due to copyrighted music being automatically detected in the background. I think that would count as a public performance of the music- so still covered by copyright law.
I can’t wait until your channel blows up. Here for it ! Xoxo 😘
Ahhhh 👏🏻👏🏻👏🏻 thank you!!
same. I was just thinking why you don't have more views. your vids are great.
@@spacemandan16 thank you!!!!! 🤞🏻🤞🏻🤞🏻
You missed the part of how Disney avoided Mickey becoming public domain (every time it is due, they lobby for an extension.. next date is 2024)
Your channel needs to blow up! Great content!!!
abolishing intellectual property will remover this confusion and actually give consumers more control of their property. We can do this by amending the u.s. constitution.
I love your channel thank you so much. Question, a photographer took my drag picture. I loved the picture. Do I have copy right over it, or does the photographer, or do we share it?
The photographer owns the copyright unless you signed an agreement that says otherwise! Check out my video on Emily Radajkowski, I explain that a little more
Thank you! I have the least popular channel on TH-cam, and this is stuff I really needed to know.
Dang! So Limewire’s out?! (Wow, I’m sooo aging myself 🤣)
Hahahah right I was gonna make the same joke myself
I’m so glad your audio improved 😅
This is why I only use music from TH-cam artists who say in the video descriptions that they give permission for the song to be used with credit to the artist.
I've always wondered if having the radio playing in the background grounds for a strike and have your video taken down? (common problem on instagram)
Also, how legal is it for youtube to strike and/or monetize your video on 'behalf of someone else' when you are using royalty free music as background music that does not belong to that other someone. (NoCopyrightSounds and other royalty free/copyright free music and sound providers are struggling with this one, since they are losing their fanbase from this, for obvious reasons)
Always such great content! Here’s my question; I see creators critiquing another TH-camr and using footage from that TH-camrs video. Often they will distort the image or voice, I assume to
avoid the copyright issue. Does that work?
In regards to music in background, what is the situation with Instagram reels? It gives you music to choose from which, presumably, are copyrighted.
In this case, would Instagram have gotten permission, like a blanket permission of use copyright, or could using that music still cause trouble?
So now that put another question in my head on this subject. Is singing to a Karaoke track on another streaming platform legal? I imagine the karaoke track has some sort of agreement with company so the singing karaoke isn't illegal, but if you were to be tipped in some form would that be copyright infringement. I don't currently do this on lives, but I do the Karaoke part with other apps (Smule), but this app doesn't do any monetary kick backs. Its mostly just for fun, but then again if you get tips at Karaoke could that be considered capital gains on someone else's creation?
Say you use a copyrighted work without knowing it's copyrighted and the owner finds out but doesn't mind, is that still infringement? Can they give retroactive permission? If they don't want to sue you can anyone ELSE sue you for the same infraction? (This isn't based on anything, I'm just curious.)
Good questions! Yeah if the copyright owner doesn't mind, it's still infringement and they'd have the right to sue you but they likely wouldn't go to the trouble. There's a lot of reasons why someone wouldn't bother suing for copyright infringement, especially given how expensive it is. Like, for example, if someone does a cover of your song, technically they needed to ask permission for that but if a band starts going around suing people for covering their songs that's going to damage their reputation. This is why citing your sources is always a good idea -- it doesn't mean you're not infringing, but it will give the copyright holder credit and may appease them enough that they won't bother suing you.
@@LeejaMiller Cool, thanks for the reply!
The following question came to mind as I watched this video. Can you withdraw the permission you gave an individual(s)/entity(ies) after they have used your work? If it was not specifically mentioned as to what they may use your work for, and if they used it to make money before you withdrew your permission (assuming one may withdraw their given permission) could one file a lawsuit to get some of the money the other made through one's work if the permission was given but never acknowledged by the other party and then the creator successfully withdrew their permission???
Interested question:
So when you did the bussy queen reaction did you ask or would that be considered fair use? :]
she was reviewing bussy queen’s video so it would be fair use. but she might have still asked just to avoid any potential headaches!
I have a to admit that in this channel was the first place in my life where I've heard the word "attorney", I always thought the word was "lawyer" cuz in Spanish (my first language) both of this words translate as the same, "abogado"
I'm sure you've been asked this before, but would you consider reacting to Lindsay Ellis' Omegaverse videos? Both the videos and lawsuit are very entertaining, but I always wondered if Linday was entirely correct abt her being 100% in the clear vs. Addison Cain. I'm pretty sure that she was right in that a court *would've* ruled in her (LE) favour, but does that mean that AC had no claim? Anyways, excellent and informative as always! :)
Hey, Leeja, I have a question about copyright and fair use that I'm curious if you can help with. If you would like some form of compensation for the advice, I'd be glad to send.
When it comes to people choreographing to music whether it be for a dance, compilation video, gymnastics performance, singing, etc., how can you avoid infringing on copyrights without a license from the owner of the copyright saying you have performance rights? I've always wondered how people get away with "time-sync" projects (which I believe was the word used when I was learning about this in Graphic Design class)
2nd Question. Where do we find the creator? Is there a general gov forum? How does the disclaimer “I don’t own any of the following tracks. Please see them if you like them.” How do reviews of songs and movies observe these laws?
"Be cool". Not legal advice or the best legal advice ever? 😂 You crack me up.
Did you do Mehan Markle's recent win with the tabloids? Love your work!
When you mentioned Spotify, they have playlists that are labeled as "Royalty Free-good for streaming" do you think that means they've given the rights to allow it to play in the background while streaming or as soundtrack music for a TH-cam video, or is that still infringement without direct consent? Thanks!
(Not a lawyer-but) my understanding of royalty free music is that the person wanting to use the music (Spotify) would pay a one time fee to license the tracks for a particular broad list of purposes, and so I would think the onus would be on Spotify to ensure that the license embodies that type of use if it is advertising it as such. Royalties on the other hand are a pay-per-use type system in which every time a track is played in a public setting, downloaded or aired in a commercial, say, a small fee is collected by that copyright owner which adds up over time.
Would love to see a video about copyright law in the context of Taylor Swift re-recording her albums. Thanks for these great videos.
She actually did a video about why Taylor re-recorded her songs that might answer your copyright questions related to that.
I doubt you check old video comments but I wonder how copyright laws work with drag performers. Specifically ones that are recording their performances and sharing them online with music from popular artist. Does this fall under the parody category? I used to perform and never would have thought about needing to ask permission to use the material since it’s such a norm for queens to perform popular music. Would love to hear thoughts on this.
- a legal studies student
Tom Scott looking killer in florals
copyright law is the easiest and most rewarding law to break imho xD it's one of those laws that seem like they're made to be broken, like defamation laws or vpn use in china? where everyone's technically breaking the law, and the govt chooses to crack down on select individuals Just Because.
tbh i don't see how the manga/musical communities would even hold up without scans and bootlegs. or how college students would even survive without sci-hub, libgen, or internet archive. or if people would even watch movies or tv shows without illegal streaming sites. i feel like most internet dwellers've broken copyright law at some time in their lives?
Question: I know we've all probably forgotten these places exist, but what about clubs? Do they get a blanket license for specific music?
I draw a lot and I'm in a community of artists on twitter and Instagram or whatever, and so, every time I ask them about their stuff I'll definitely start using "license" as a term more frequently lmaooo
Is plagiarism considered a form of copyright breaching?
So, the videos you have posted where you watch movies and comment on them are fair use. BUT someone could technically sue you and make you prove it to a court because it's a gray area? Is that right?
Correct! However TH-cam has a copyright filter that usually tags my reaction videos for copyright infringement and then I have to contest it and argue fair use, and then the company in all cases but one has released the video and their copyright claim on it. So I’d imagine if they were to turn around and try to sue me they wouldn’t have much recourse, but yeah that would be up for a judge to decide.
@@LeejaMiller Oh, wow. What was the one video? I take it it never got released.
Ive always wanted know if the white stripes doing a cover of jolene at a concert needed to call dolly first.
@bussyqueen THIS FOR YOU!
The allegedly coffee cup 😍 is that your merch??
I do have a question for you! Hope I get an answer 🤞 if someone creates a "tool" or a "method" to go about something but you created at work. Are you the owner or the company you work for?
(Not a lawyer-but) That would fall under employment law and also IP law I think, and more specifically, the contract you entered into when signing into a position with a company. Many companies, if not most, stipulate in their contracts that anything you develop for the purposes of your job while working for them is their intellectual property. I do think there are exceptions to this idea where it wouldn’t be enforceable, but most of the time, your employer owns that IP. A recent employment contract of mine had a specific space where I was to explicitly list ‘previous inventions’ that I would be bringing into the new position or using on the job that I wanted to claim as my own intellectual property prior to commencing work there, after which time, they would own the rights to anything I came up with.
@@molloblin thank you so much!
What if I get an Artist's permission, and I still get a Copyright Strike?
Yup. And this is why when I’m managing a business’ Instagram, I ALWAYS ALWAYS ALWAYS ask for permission before I share anything. Especially if there are kiddos involved, it takes about 2 minutes to cover your ass and ask for permission, and saves a whole world of potential risk!
Omg YES god I didn’t even think about kids, a whole other issue
Q: How would copy right apply to deejays? From internet to actual performances in a bar/club/festival setting.
Since copyright lasts up to 70 years after the life of the creator... How does one acquire permission to use their content after they pass away?
Their heirs/owners of the estate would likely inherit the copyrights and be in charge of granting licenses
I'm just wondering, if I use "copyright free" music or movie scores as background music and it's barely audible in videos that I distribute online for purchase (short +- 15 min clips), does that infringe copyright law? Because I can make videos... not music lol
So there’s no such thing as “copyright free” music. You can use music if the copyright owner has given you a license. There are websites like epidemic sound where you pay a monthly fee and that gives you a blanket license to use any music on the site in your work. Or you can use the music in TH-cam’s music library for videos because they have properly licensed the music meaning the copyright owner has given TH-cam permission to let anyone put their music in their videos. So just be sure what the license is that allows you to use the music and whether it’s a commercial license, like has the copyright owner given permission for people to use the music in commercial work? What’s the scope of the license? Unless the work is in the public domain (meaning it was created before 1924), there is likely someone who owns the copyright to the music and you want to make sure you’re getting the correct permissions
@@LeejaMiller You are an absolute star, thanks so much for clearing it up for me Leeja, I'll definitely be more weary of the music I use lol ♥
the jerry lewis movie, at war with the army
This needs more engagement! Fæwk!
Wondering if this applies to someone getting tattooed (or tattooing) from a design you created
Even tattoo artists disagree on that one, AND who owns the work, them or the client. All artists copy when they are learning and then most develop their own style. They also seem to have no problem tattooing other artists' work from Hello Kitty to Vincent van Gogh, so I would say, at best, it's a gray area but there's more than a little of the kettle calling the pot black on that subject.
I work in a coffee shop and I shuffle my liked songs on Spotify over the speaker whenever I'm working (cus the radio is aweful and they play the same 10 songs on repeat) does that mean that I'm technically violating copyright law over 100 times a day? 😳👁️👄👁️
Genuinely it could possibly be considered that, albeit it would likely be the onus of your employer. The reason many stores play the same 10 songs on repeat is because that is music they legally have purchased the license to use.
My boyfriend actually works for a company that sells background music for companies. In short, yes, you're going against copyright by putting your radio on in the business.
....... As someone who's TH-cam existence is making a shit ton of remixes I have.... Committed a lot of crime.
😱😱😱
@@LeejaMiller to be fair a vast majority of the songs I've remixed the things like the stems, acapellas and other stuff have been officially released by the artist's themselves for the sole purpose of remixing... Does that count as consent?
I love your top
So technically Mickey Mouse should’ve been public domain a while ago. Don’t see that happening anytime soon.