• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fair Use

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Rishech

Member
If I translate and voice over a song or a podcast and post it on You Tube, without running any ads or sponsorship, but putting a link to my Patreon page in the description, is it considered fair use or could I be sued based on that?
 


FlyingRon

Senior Member
It does not appear to be fair use in the least. In fact, it doesn't even allow you to use a compulsory license since you changed the lyrics.

Fair use does NOT prevent you from being sued even if you are using fair use. It's merely a defense you use in that lawsuit.

Just because you don't (directly or indirectly) profit on it, doesn't make it fair use or not infringement.
 

Rishech

Member
It does not appear to be fair use in the least. In fact, it doesn't even allow you to use a compulsory license since you changed the lyrics.

Fair use does NOT prevent you from being sued even if you are using fair use. It's merely a defense you use in that lawsuit.

Just because you don't (directly or indirectly) profit on it, doesn't make it fair use or not infringement.
Does that mean that I have to either have permission of the author to do any covers? Or risk getting my covers deleted and my You Tube account, potentially, suspended?
 

FlyingRon

Senior Member
That's not what I said, but you're not doing a cover.

If the original record had been published in the US, you could obtain a compulsory license and paid the statutory license fees to the copyright owner. However, if the song didn't originate in the US, or you make changes to it (such as translating/rewriting the lyrics), you have gone beyond the compulsory license.
 

quincy

Senior Member
If I translate and voice over a song or a podcast and post it on You Tube, without running any ads or sponsorship, but putting a link to my Patreon page in the description, is it considered fair use or could I be sued based on that?
What is the name of your state or, if not in the US, what is the name of your country?

Translating a work that is copyright protected is creating a derivative of the work. Creating derivatives is one of the exclusive rights held by the owner of the copyright.

You (generally) will require permission from the copyright holder (granted in the form of a license) to create a translation, if you want to avoid the risk of having your translation pulled from YouTube and/or face a copyright infringement suit.

Fair use, as FlyingRon noted, is an affirmative defense to copyright infringement in the US. It is a, "yes, I infringed but it is okay" argument used in court after you are sued by the copyright holder.

I do not see a fair use defense working for you in what you describe.
 

Rishech

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

Translating a work that is copyright protected is creating a derivative of the work. Creating derivatives is one of the exclusive rights held by the owner of the copyright.

You (generally) will require permission from the copyright holder (granted in the form of a license) to create a translation, if you want to avoid the risk of having your translation pulled from YouTube and/or face a copyright infringement suit.

Fair use, as FlyingRon noted, is an affirmative defense to copyright infringement in the US. It is a, "yes, I infringed but it is okay" argument used in court after you are sued by the copyright holder.

I do not see a fair use defense working for you in what you describe.
I reside in Serbia, but the work I want to translate originated in USA. So, I need a permission and that's it?
 

quincy

Senior Member
I reside in Serbia, but the work I want to translate originated in USA. So, I need a permission and that's it?
You would want permission from the copyright holder, yes.

If sued for infringement, you would likely be sued in Serbia under your country's laws, so "fair use" would not be a defense. Fair use is part of the US Copyright Act. Serbia does not have a similar fair use (or fair dealing) defense to infringement.

And you can have your work pulled from YouTube if you do not get permission from the copyright holder and the copyright holder objects to your unauthorized use of his work. This could lead to your YouTube account being disabled.

You should speak to an IP professional in Serbia for the advice best tailored to you. FreeAdvice has as its focus US laws.
 
Last edited:

Rishech

Member
You would want permission from the copyright holder, yes.

If sued for infringement, you would likely be sued in Serbia under your country's laws, so "fair use" would not be a defense. Fair use is part of the US copyright laws.

And you can have your work pulled from YouTube if you do not get permission from the copyright holder and the copyright holder objects to your unauthorized use of his work. This could lead to your YouTube account being disabled.

You should speak to an IP professional in Serbia for the advice best tailored to you. FreeAdvice has as it's focus US laws.
Thank you, didn't know fair use is US only. If I may ask one more question: if the creator states that: "We do not mind fan projects based on our work so long as they are non-commercial", that would mean that they should be ok with me translating and covering their work, if I do not run ads, correct? Unrelated (to the video) Patreon link isn't exactly "commercial" , at least I hope it isn't.
 

quincy

Senior Member
Thank you, didn't know fair use is US only. If I may ask one more question: if the creator states that: "We do not mind fan projects based on our work so long as they are non-commercial", that would mean that they should be ok with me translating and covering their work, if I do not run ads, correct? Unrelated (to the video) Patreon link isn't exactly "commercial" , at least I hope it isn't.
You will want to contact the copyright holder to ask if your intended use of his work is permissible.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top