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?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.
What is the name of your state or, if not in the US, what is the name of your country?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?
I reside in Serbia, but the work I want to translate originated in USA. So, I need a permission and that's it?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.
You would want permission from the copyright holder, yes.I reside in Serbia, but the work I want to translate originated in USA. So, I need a permission and that's it?
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 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.
You will want to contact the copyright holder to ask if your intended use of his work is permissible.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.
Thank you so much!Here for future reference is a link to your country's copyright laws:
https://wipolex.wipo.int/en/legislation/details/17007
You're welcome, Rishech. I appreciate the thanks.Thank you so much!