PayrollHRGuy
Senior Member
YouTube does it in keeping with their TOS.YouTube doesn’t do it right...
YouTube does it in keeping with their TOS.YouTube doesn’t do it right...
No.Exactly.
That's the DMCA thing (it might get you out of a strike). It does NOT get you out of the other issues I mentioned.YouTube allows to dispute any copyright claims when appropriate and there is a counter notification and court proceedings process (that the copyright holder needs to complete within 10 days and furnish proof).
Irrelevent. Your work is still infringing. Claiming educational intent isn't a free pass under fair use.My videos are not cover songs, they are pure tutorials,
This is a specious argument and will not work. The "I'm making them famous so I'm actually helping by infringing" is not plausible.The publisher won’t lose any revenue from my tutorials. If anything, they will make more sales of their songs.
Whether they monetize them on youtube is immaterial. You don't have to claim copyright to be an infringer.I understand song videos need sync license but YouTube works around it by letting copyright holders run ads on such videos. My videos are not copyright claimed and not monetized by copyright holders.
Nothing much here appears to be fair use. If you were using pieces of the material in a review or educational mode, that would be one thing, but reproducing the entire thing for the purpose of a "how to play this" is way more than what would likely fly.My question was about displaying lyrics and scrolling sheet music horizontally (in a single Stave) corresponding to the notes of the song being played and if that would be Fair Use.
Infringing a little at a time as you go along with your underlying infringement can't possibly make things better.If I’m displaying keyboard notes for the song under Fair Use anyway as tutorial, would it be Fair Use to display lyrics and sheet music notes for the corresponding notes of the song being played? What I was wondering was if I display 1-3 lines of lyrics and 1 line of scrolling sheet music any time for the notes currently being played, that may be like an “excerpt“ at any time and none of these lyrics or sheet music is downloadable.
What makes you think lyrics are "public." The lyrics are just as protected by copyright as the melody.If lyrics are “public” inside the song when we listen to it, are they considered private and forbidden to be displayed inside a tutorial video?
The moderator apparently returned the YouTube video you posted earlier to its place in the thread - with a disclaimer.I agree with the (entire) sheet music part using it for teaching.
I was wondering if I’m showing only parts of sheet music for the notes being played (like excerpts) and it is not downloadable. Also if I’m showing the lyrics only for the notes being played (like excerpts) and it is not downloadable either.
Thanks for your time.
I was referring to the earlier link posted by Quincy - US Copyright Office’s summary of Kelly v. Arriba Soft Corp., a case that addressed fair use and thumbnail images:That would almost certainly be a violation of copyright protection.
yes, we can download videos from YouTube. Just wanted to clarify, a sheet music is typically a pdf. When you download a video that has scrolling sheet music, you won’t get a pdf. You will get the exact same video that you watched on YouTube and there is no difference between the two.I can download any video from YouTube.
you mentioned 4 points on how YouTube works in your previous post. When I agreed with your points saying “Exactly”, you are disagreeing saying “No”.No.
Irrelevent. Your work is still infringing. Claiming educational intent isn't a free pass under fair use.
Whether they monetize them on youtube is immaterial. You don't have to claim copyright to be an infringer.
What makes you think lyrics are "public." The lyrics are just as protected by copyright as the melody.
Tread lightly. I've seen guys who have what likely are legitimate FAIR USE (where they play only snippets in the part of reviews) pick up strikes. Things aren't as cut and dry as you think. Even if the other party doesn't respond to a counter-notice, you get stuck in Google-limbo until one of you decides to push the issue in federal court.
Again, remember that DMCA is the last resort (and Alphabet does it only begrudgingly to begin with). YouTube is free to ax your content and your permission to use their site for any reason.
I added the note under the video saying some videos posted by YouTube staff are misleading and attorney Ian Corzine criticized them in his videos for the wrong information.The moderator apparently returned the YouTube video you posted earlier to its place in the thread - with a disclaimer.
Please do not take what you see online - anyplace online - as absolutely positively true. There is a lot of nonsense published online. For any important legal issue (e.g., a legal issue that could cost you thousands upon thousands of dollars in a losing lawsuit), you need to seek out assistance from an attorney licensed to practice in your area. For copyright issues, the attorney you will want to see is an intellectual property attorney.
With that said - and hopefully understood - you could try to partner with a singer/songwriter, giving to your music students some new and original works to use for their piano lessons. You will want copyright agreements drawn up to protect both the musical artist and yourself. The agreement should be drafted by an attorney to meet the wants and needs of both you and the artist.
It is simpler, of course, to just license the rights to use existing music from the copyright holders or to use music that is no longer copyright-protected (e.g., music that was published before 1926).
Again, though, you cannot use the sheet music or lyrics in part or in whole for your piano tutorials without risk of receiving a cease and desist letter, a settlement demand letter, an infringement lawsuit - and termination of your YouTube account.
The courts have said that thumbnail images can be a fair use of an image that is copyright-protected. It matters how exactly the thumbnail image is used, however.I was referring to the earlier link posted by Quincy - US Copyright Office’s summary of Kelly v. Arriba Soft Corp., a case that addressed fair use and thumbnail images:
https://www.copyright.gov/fair-use/summaries/kelly-arriba-9thcir2003.pdf
Video thumbnails are like 3 inches. I meant to reduce their size even further to 70% to accommodate the image of the keyboard at the bottom.
From the PDF you linked.I was referring to the earlier link posted by Quincy - US Copyright Office’s summary of Kelly v. Arriba Soft Corp., a case that addressed fair use and thumbnail images:
https://www.copyright.gov/fair-use/summaries/kelly-arriba-9thcir2003.pdf
Video thumbnails are like 3 inches. I meant to reduce their size even further to 70% to accommodate the image of the keyboard at the bottom.
The specific use requires a personal review by an IP attorney in servicemark’s jurisdiction. Thumbnail images have generally been found by courts to be non-infringing if the use is merely to direct to related but non-infringing content.From the PDF you linked.
"...While plaintiff’s images were artistic works, the court found that defendant’s use of them was “unrelated to any aesthetic purpose...”
I'd argue that your use would not be an "unrelated to any aesthetic purpose".