Using Copyrighted music on Youtube (in animations)

[Aleque]

Hello

I am creating a new animation series, which I expect some profit from, in the future. I am aware, that if I use copyrighted music, I can't monetize videos, ads will appear on my videos and there might even be a chance that some of my videos can be flagged (not sure about the consequences here) or prevented from being shown in certain countries.

I have to admit, that all of these penalties are annoying for an artist like me, because it creates limitations and pressure. If I imagine a scene with a specific song to support that scene, I have to add an extra layer of thinking like "is this song copyrighted?". That is a big barrier for me.

Ofcourse, to avoid all of these possible penalties, I can use free music clips, royalty free music or create my own. But it's still a significant limitation to me. When I was younger, I did not think in terms of copyright and penalties - if there was a song that I loved, I just used it for my animations and some of my animations (uploaded by others) have hundreds of thousands of views today. I bet, that if I thought in terms of copyright and penalties 5-10 years ago, I would never have accomplished anything.

I am not even sure what to ask. I am simply looking for some advice here. I am considering to ignore the copyright and going back to my old methods. But at the same time it's annoying to have this uncertain paranoia of "what if?".

Any advice is greatly appreciated!

-Aleque

 

[Zigner]

Hello

I am creating a new animation series, which I expect some profit from, in the future. I am aware, that if I use copyrighted music, I can't monetize videos, ads will appear on my videos and there might even be a chance that some of my videos can be flagged (not sure about the consequences here) or prevented from being shown in certain countries.

It really doesn't matter if you plan to make money or not.

I have to admit, that all of these penalties are annoying for an artist like me, because it creates limitations and pressure. If I imagine a scene with a specific song to support that scene, I have to add an extra layer of thinking like "is this song copyrighted?". That is a big barrier for me.

It's annoying for petty thieves to have to stop and think about it before they steal too

Ofcourse, to avoid all of these possible penalties, I can use free music clips, royalty free music or create my own. But it's still a significant limitation to me.

Yeah, not stealing can be a burden, huh?

When I was younger, I did not think in terms of copyright and penalties - if there was a song that I loved, I just used it for my animations and some of my animations (uploaded by others) have hundreds of thousands of views today. I bet, that if I thought in terms of copyright and penalties 5-10 years ago, I would never have accomplished anything.

Translate, what you are saying is that you don't have a single creative bone in your body, so you had to steal whatever you needed to make a name for yourself.

I am not even sure what to ask. I am simply looking for some advice here. I am considering to ignore the copyright and going back to my old methods. But at the same time it's annoying to have this uncertain paranoia of "what if?".

Any advice is greatly appreciated!

-Aleque

Spit

 

[justalayman]

All songs have copyright protections.

You cannot steal others works and use them for your own purposes.

I have to admit, that all of these penalties are annoying for an artist like me, because it creates limitations and pressure

Then write your own music and do not illegally use another's.

Not monetizing your works doesn't make it legal for you to use others works.

With any luck the owner of the music you illegally use will sue you into oblivion.

 

[quincy]

Hello

I am creating a new animation series, which I expect some profit from, in the future. I am aware, that if I use copyrighted music, I can't monetize videos, ads will appear on my videos and there might even be a chance that some of my videos can be flagged (not sure about the consequences here) or prevented from being shown in certain countries.

I have to admit, that all of these penalties are annoying for an artist like me, because it creates limitations and pressure. If I imagine a scene with a specific song to support that scene, I have to add an extra layer of thinking like "is this song copyrighted?". That is a big barrier for me.

Ofcourse, to avoid all of these possible penalties, I can use free music clips, royalty free music or create my own. But it's still a significant limitation to me. When I was younger, I did not think in terms of copyright and penalties - if there was a song that I loved, I just used it for my animations and some of my animations (uploaded by others) have hundreds of thousands of views today. I bet, that if I thought in terms of copyright and penalties 5-10 years ago, I would never have accomplished anything.

I am not even sure what to ask. I am simply looking for some advice here. I am considering to ignore the copyright and going back to my old methods. But at the same time it's annoying to have this uncertain paranoia of "what if?".

Any advice is greatly appreciated!

-Aleque

What is the name of your state, Aleque, or, if not in the US, what is the name of your country?

If you want to use the copyrighted music of others, you will need to acquire permission from the copyright holders - with permission generally granted in the form of a license.

Without this authorization from the copyright holders, once you publish your animations, your online publications can be removed with the filing of a DMCA takedown notice, and you can be sued for infringement. If the copyrighted works were registered in the US prior to publication and infringement, the copyright holder in the US can be awarded statutory damages ranging from $750 to $30,000 per infringed work (or up to $150,000 per infringed work against willful infringers).

If your animations are worth anything at all, you should have no problem seeking and paying for a license to use copyrighted music to accompany these animations. If your animations have no value, I can see why you want to infringe on the valuable works of others to improve your own work - but this stands to be a costly mistake for you.

 

[FlyingRon]

If the song was written after 1926 you have to assume it is copyrighted.

YouTube, however, has a deal with many of the music publishers. Part of the upload process will look for background music and either reject it or insert a link to purchase the music (depending on the deal with the publisher). Of course, it's not foolproof. You could find your video "removed" later on if you don't have permission to use the material.

 

[justalayman]

If the song was written after 1926 you have to assume it is copyrighted.

YouTube, however, has a deal with many of the music publishers. Part of the upload process will look for background music and either reject it or insert a link to purchase the music (depending on the deal with the publisher). Of course, it's not foolproof. You could find your video "removed" later on if you don't have permission to use the material.

Op doesn't seem to grasp the general principals of copyrights so to add; Op could find themselves sued if the music isn't covered by YouTube agreements with the publishers. Of course none of that protects him from suit if he publishes it someplace other than YouTube.

 

[quincy]

If the song was written after 1926 you have to assume it is copyrighted.

Slight correction. Works published before 1923 are in the public domain. Works published after 1923 should be assumed to have copyrights that need to be respected.

And that would be in the US. We do not know in what country Aleque resides.

In the US, there is also the possibility of using some copyrighted works (including music for YouTube videos) without needing the permission of the copyright holder. There is not only YouTube's agreement with some music publishers but there is also "fair use" that can apply in some circumstances.

But facts matter and some of the facts that are most important in determining infringement are missing from Aleque's post. Without facts, it is best for Aleque to assume that what he wishes to do infringes on the rights of copyright holders and to seek out permission prior to use and certainly prior to publication.

 

[exdeath]

I was there when Aleque created his first animation.I was amazed by his skill.For our future speech I will be a gentleman and civil to you.Let us start a respectful conversation....

Aleque is not a thief.He has never been.He never uses songs more than a minute.He promotes songs rather than stealing them.It is tough to master two arts.When you called him thief that broke my heart and led me to create this account.We are on the same side people... not enemies.There is no reason we should be attacking each other.The new world order is here and it is supposed to make our lives miserable each passing day..Everything is gonna get worse,we are going to hate life more than ever before.

I know you will dislike the next thing i will type.I am personally a home user and rarely edit videos too.Before i matured i used to use torrent a lot.Not because i wanted to steal but because i didn't have enough money to buy the real thing.I purchase all my games through steam.My windows 10 is licensed,my daemon tools is licensed but i don't have enough financial income to get everything i need.I am a home user with little money.Instead i refused to install winrar with piracy,same as fraps.Because it hurts me to use a pirated product now.It dishonors me.But as a non-professional home user i wanted to have sony vegas.It costs 800$ to buy one.That is insane for me.So ı started a trial,after it expires i wont edit anything or create a video.You have to understand some people are cursed with lack of income.Some times the doors are closed so badly we can't find a suitable job for ourselves to gather enough money.Of course i am to blame for this act,if i tried well enough i could have been earning more money by now.I know that too.

Youtube's strict laws made it miserable for us to create stuff.When we create an animation or a video youtube automatically detects the sound and prevent us from monetizing it.I mean we already promote their song by putting it into our work.Why do we get punished with the inability of monetizing it even further?? We do not wish to steal anyone's work but 10 seconds fair use is too short.As a Turkish citizen I admire Uncle Sam more than any country.They are indeed titans in this world and part of me wishes i was born as an American instead.

but please,do not hurt my friend with your vulgar talk,he means a lot to me.Let us be more civil and solve our problems like a gentleman

Regards
Orkun

 

[quincy]

I was there when Aleque created his first animation.I was amazed by his skill.For our future speech I will be a gentleman and civil to you.Let us start a respectful conversation....

Aleque is not a thief.He has never been.He never uses songs more than a minute.He promotes songs rather than stealing them.It is tough to master two arts.When you called him thief that broke my heart and led me to create this account.We are on the same side people... not enemies.There is no reason we should be attacking each other.The new world order is here and it is supposed to make our lives miserable each passing day..Everything is gonna get worse,we are going to hate life more than ever before.

I know you will dislike the next thing i will type.I am personally a home user and rarely edit videos too.Before i matured i used to use torrent a lot.Not because i wanted to steal but because i didn't have enough money to buy the real thing.I purchase all my games through steam.My windows 10 is licensed,my daemon tools is licensed but i don't have enough financial income to get everything i need.I am a home user with little money.Instead i refused to install winrar with piracy,same as fraps.Because it hurts me to use a pirated product now.It dishonors me.But as a non-professional home user i wanted to have sony vegas.It costs 800$ to buy one.That is insane for me.So ı started a trial,after it expires i wont edit anything or create a video.You have to understand some people are cursed with lack of income.Some times the doors are closed so badly we can't find a suitable job for ourselves to gather enough money.Of course i am to blame for this act,if i tried well enough i could have been earning more money by now.I know that too.

Youtube's strict laws made it miserable for us to create stuff.When we create an animation or a video youtube automatically detects the sound and prevent us from monetizing it.I mean we already promote their song by putting it into our work.Why do we get punished with the inability of monetizing it even further?? We do not wish to steal anyone's work but 10 seconds fair use is too short.As a Turkish citizen I admire Uncle Sam more than any country.They are indeed titans in this world and part of me wishes i was born as an American instead.

but please,do not hurt my friend with your vulgar talk,he means a lot to me.Let us be more civil and solve our problems like a gentleman

Regards
Orkun

So ... Aleque is a Turkish citizen, as well, Orkun?

FreeAdvice addresses US law questions and legal concerns only but the uses of copyrighted music that Aleque has described appear to be copyright infringement in both the US and Turkey.

Copyright holders have the right to control how their works are used by others. Aleque should seek out permission from the copyright holders before using the copyrighted music in his animations. If Aleque's animations are as good as you say, perhaps Aleque could approach copyright holders with the idea of collaborating, where all revenue generated from the animation/music combinations could be shared.

Aleque can ask an attorney in his area to provide him with a legal opinion based on a personal review of his animations but, without permission granted by the copyright holders to use their music, he probably should be prepared to have his animations pulled from their locations online and he should be prepared to receive cease and desist letters, a demand for compensation and/or the filing of copyright infringement lawsuits against him from the copyright holders whose works he has used without authorization.

Poverty, as a note, is no excuse for infringing on the rights of others.

Here is a link for your benefit, and for the benefit of Aleque, to the IP laws and treaties of your country, from the World Intellectual Property Organization (WIPO): http://www.wipo.int/wipolex/en/profile.jsp?code=TR

 

[exdeath]

I understand,no he is not Turkish.I believe he should announce where he is coming from by himself.I can not expose him without his approval.

I have no intention of disobeying laws,my alignment is lawful already.We will consider this approaching the owner and earning their consent by sharing the income.That sounds fair.

And final thing,yes he is indeed gifted with creative force.We will be approaching this issue with laws instead of being violence and disobedience.Thank you for your excellent comment.Meanwhile I'll be examining the link you gave me

Regards
Orkun

 

[quincy]

I understand,no he is not Turkish.I believe he should announce where he is coming from by himself.I can not expose him without his approval.

I have no intention of disobeying laws,my alignment is lawful already.We will consider this approaching the owner and earning their consent by sharing the income.That sounds fair.

And final thing,yes he is indeed gifted with creative force.We will be approaching this issue with laws instead of being violence and disobedience.Thank you for your excellent comment.Meanwhile I'll be examining the link you gave me

Regards
Orkun

If Aleque is not Turkish then he will have to refer to the copyright laws of his country. IP laws can vary in significant ways from country to country. If Aleque is sued for infringement, it will be in his country's courts under his country's laws.

It is good that you have no intention of disobeying any laws or approaching an IP issue with violence or disobedience. Violence is not a solution to copyright disputes (or a solution to much of anything).

Again, Aleque should contact the copyright holders of any music he wishes to use in his animations. He can ask for permission to use the music and/or he can present to the copyright holders the idea of a collaboration, which might appeal to some artists if they like Aleque's work.

Regards, Orkun.

 

[exdeath]

Thanks to you once again,quincy.I am sure Aleque will appear to join the converstaion and supply you with his information.He is away from keyboard at the moment.

 

[justalayman]

I was there when Aleque created his first animation.I was amazed by his skill.For our future speech I will be a gentleman and civil to you.Let us start a respectful conversation....

Aleque is not a thief.He has never been.He never uses songs more than a minute.He promotes songs rather than stealing them.It is tough to master two arts.When you called him thief that broke my heart and led me to create this account.We are on the same side people... not enemies.There is no reason we should be attacking each other.The new world order is here and it is supposed to make our lives miserable each passing day..Everything is gonna get worse,we are going to hate life more than ever before.

I know you will dislike the next thing i will type.I am personally a home user and rarely edit videos too.Before i matured i used to use torrent a lot.Not because i wanted to steal but because i didn't have enough money to buy the real thing.I purchase all my games through steam.My windows 10 is licensed,my daemon tools is licensed but i don't have enough financial income to get everything i need.I am a home user with little money.Instead i refused to install winrar with piracy,same as fraps.Because it hurts me to use a pirated product now.It dishonors me.But as a non-professional home user i wanted to have sony vegas.It costs 800$ to buy one.That is insane for me.So ı started a trial,after it expires i wont edit anything or create a video.You have to understand some people are cursed with lack of income.Some times the doors are closed so badly we can't find a suitable job for ourselves to gather enough money.Of course i am to blame for this act,if i tried well enough i could have been earning more money by now.I know that too.

Youtube's strict laws made it miserable for us to create stuff.When we create an animation or a video youtube automatically detects the sound and prevent us from monetizing it.I mean we already promote their song by putting it into our work.Why do we get punished with the inability of monetizing it even further?? We do not wish to steal anyone's work but 10 seconds fair use is too short.As a Turkish citizen I admire Uncle Sam more than any country.They are indeed titans in this world and part of me wishes i was born as an American instead.

but please,do not hurt my friend with your vulgar talk,he means a lot to me.Let us be more civil and solve our problems like a gentleman

Regards
Orkun

If he uses others works without permission he is stealing. He is a thief regardless of your claims. You suggestion that using less than a minute of another's works somehow makes it legal and acceptable; it doesn't. Your suggestion that he somehow promotes others songs makes his unlawful actions ok; it doesn't. If the owner of the songs want them promoted by your friend, they will give him permission to use the works. He must request that permission. Not requesting and being granted that permission does mean he is stealing from them.

I see you also usurped the rights of others as well. I suppose one shouldn't expect one thief to condemn another thief's acts as it would be a condemnation of themselves as well.

Why do you come here in support of your friend unlawful acts and get upset when the truth is told him?
Then you start some bs about the new world order. What next; aliens?

Man up; what each of you have done is unlawful and an affront to what a respectable person would do. You took the property of others and used it however you chose with total disregard to their rights and feelings. You get upset because your friend is told he is wrong for stealing from others. Personally I support of his actions, for whatever excuse you present, makes you no better.

You and your friend have chosen to not be gentlemen. Gentlemen respect the rights of others. You and your friend have proven you arent gentlemen. Why you expect others to treat you in a manner you surely don't deserve is I can't understand.

As to your use of a one minute or even ten second excerpt of a song being fair use; that does not make it fair use. Maybe you never heard of the time David Bowie sued Vanilla Ice for infringement. The infringement amounted to a short section of the underlying bass rythm and nothing more.

www.google.com/amp/s/convergentdivergent.wordpress.com/2013/02/26/queen-and-david-bowie-vs-vanilla-ice/amp/?client=safari

 

[justalayman]

I was there when Aleque created his first animation.I was amazed by his skill.For our future speech I will be a gentleman and civil to you.Let us start a respectful conversation....

Aleque is not a thief.He has never been.He never uses songs more than a minute.He promotes songs rather than stealing them.It is tough to master two arts.When you called him thief that broke my heart and led me to create this account.We are on the same side people... not enemies.There is no reason we should be attacking each other.The new world order is here and it is supposed to make our lives miserable each passing day..Everything is gonna get worse,we are going to hate life more than ever before.

I know you will dislike the next thing i will type.I am personally a home user and rarely edit videos too.Before i matured i used to use torrent a lot.Not because i wanted to steal but because i didn't have enough money to buy the real thing.I purchase all my games through steam.My windows 10 is licensed,my daemon tools is licensed but i don't have enough financial income to get everything i need.I am a home user with little money.Instead i refused to install winrar with piracy,same as fraps.Because it hurts me to use a pirated product now.It dishonors me.But as a non-professional home user i wanted to have sony vegas.It costs 800$ to buy one.That is insane for me.So ı started a trial,after it expires i wont edit anything or create a video.You have to understand some people are cursed with lack of income.Some times the doors are closed so badly we can't find a suitable job for ourselves to gather enough money.Of course i am to blame for this act,if i tried well enough i could have been earning more money by now.I know that too.

Youtube's strict laws made it miserable for us to create stuff.When we create an animation or a video youtube automatically detects the sound and prevent us from monetizing it.I mean we already promote their song by putting it into our work.Why do we get punished with the inability of monetizing it even further?? We do not wish to steal anyone's work but 10 seconds fair use is too short.As a Turkish citizen I admire Uncle Sam more than any country.They are indeed titans in this world and part of me wishes i was born as an American instead.

but please,do not hurt my friend with your vulgar talk,he means a lot to me.Let us be more civil and solve our problems like a gentleman

Regards
Orkun

If he uses others works without permission he is stealing. He is a thief regardless of your claims. You suggestion that using less than a minute of another's works somehow makes it legal and acceptable; it doesn't. Your suggestion that he somehow promotes others songs makes his unlawful actions ok; it doesn't. If the owner of the songs want them promoted by your friend, they will give him permission to use the works. He must request that permission. Not requesting and being granted that permission does mean he is stealing from them.

I see you also usurped the rights of others as well. I suppose one shouldn't expect one thief to condemn another thief's acts as it would be a condemnation of themselves as well.

Why do you come here in support of your friend unlawful acts and get upset when the truth is told him?
Then you start some bs about the new world order. What next; aliens?

Man up; what each of you have done is unlawful and an affront to what a respectable person would do. You took the property of others and used it however you chose with total disregard to their rights and feelings. You get upset because your friend is told he is wrong for stealing from others. Personally your support of his actions, for whatever excuse you present, makes you no better.

You and your friend have chosen to not be gentlemen. Gentlemen respect the rights of others. You and your friend have proven you arent gentlemen. Why you expect others to treat you in a manner you surely don't deserve is I can't understand.

As to your use of a one minute or even ten second excerpt of a song being fair use; that does not make it fair use. Maybe you never heard of the time David Bowie sued Vanilla Ice for infringement. The infringement amounted to a short section of the underlying bass rythm and nothing more.

www.google.com/amp/s/convergentdivergent.wordpress.com/2013/02/26/queen-and-david-bowie-vs-vanilla-ice/amp/?client=safari

 

[exdeath]

fair enough dear justalayman

I am leaving this forum and never posting again

Peace be upon you