YouTube monetizing/music copyright

[alxrnbirdmusic]

Hi all,

I run a YouTube channel where I upload music from independent artists. I would like to start making money off my videos, but to do this I need permission from the copyright holder that it’s ok to monetise each song. I have created a form that upon an artist/label signing, should grant me this permission. Could you review the form to check if it’s legally sound, and that it gives me permission to monetise the songs? Could you also let me know if there’s anything else I should add or remove from the form?

Many thanks in advance,
Alex

You can find the form at https://drive.google.com/file/d/0B16FYDRX-81SQ3k1a29yS05icGM/edit

 

[FlyingRon]

You need the permission of the artist to put that content on YouTube PERIOD.

What appears to be missing from this "contract" is consideration. What's in it for the musicians you are exploiting? A person can't obligate another person who is not a party to the contract. Your statement about the assignment of rights is useless. What you want to say is that if the rights are assigned, that assignment should preserve your the rights conveyed by this alleged contract.

 

[alxrnbirdmusic]

Thanks for your reply. So you're saying I should change "In the event that the rights to such content are assigned to another party, the party will adhere to the aforementioned agreement" to something along the lines of "In the event that the rights to such content are assigned to another party, that assignment will preserve the rights conveyed by this agreement"?.

The independent artists I'm 'exploiting' get introduced to thousands of potential new fans (since my channel receives around 250,000 views a month). Are you saying I need to include this in the form? When asking to feature their music on my channel, this is the current email template I'm sending to the band's manager/label/band themselves if they're not signed to a label:

Hi,

My name is Alex and I run the alexrainbirdMusic YouTube channel, where I promote underrated indie music. I stumbled across your band recently and I really love what I heard, and I’d like to know if I can feature your music on my channel? Specifically, I would love to use [song title] for my next indie playlist, as I believe it will fit in really well. My videos get around 250,000 views a month and I currently have over 17,000 subscribers, so this would be great opportunity for you to reach a new audience and potentially gain thousands of new fans. I would also include your social media links in the video description so viewers can easily find and buy your music.

If you would like to be featured, please could you fill out the attached submission form and send it back to me, along with a download link/song in mp3 format. I will be monetising the video with ads so would need permission from the copyright holder of the track (you will need to ask your manager/label for this if applicable).

I really hope you’ll be able to take part since this is a great opportunity to grow your band and for me to showcase your awesome music on my channel!

Thanks for your time,

Alex


My question is with this email and my form, can I legally monetise the content I upload?

 

[quincy]

Thanks for your reply. So you're saying I should change "In the event that the rights to such content are assigned to another party, the party will adhere to the aforementioned agreement" to something along the lines of "In the event that the rights to such content are assigned to another party, that assignment will preserve the rights conveyed by this agreement"?.

The independent artists I'm 'exploiting' get introduced to thousands of potential new fans (since my channel receives around 250,000 views a month). Are you saying I need to include this in the form? When asking to feature their music on my channel, this is the current email template I'm sending to the band's manager/label/band themselves if they're not signed to a label:

Hi,

My name is Alex and I run the alexrainbirdMusic YouTube channel, where I promote underrated indie music. I stumbled across your band recently and I really love what I heard, and I’d like to know if I can feature your music on my channel? Specifically, I would love to use [song title] for my next indie playlist, as I believe it will fit in really well. My videos get around 250,000 views a month and I currently have over 17,000 subscribers, so this would be great opportunity for you to reach a new audience and potentially gain thousands of new fans. I would also include your social media links in the video description so viewers can easily find and buy your music.

If you would like to be featured, please could you fill out the attached submission form and send it back to me, along with a download link/song in mp3 format. I will be monetising the video with ads so would need permission from the copyright holder of the track (you will need to ask your manager/label for this if applicable).

I really hope you’ll be able to take part since this is a great opportunity to grow your band and for me to showcase your awesome music on my channel!

Thanks for your time,

Alex


My question is with this email and my form, can I legally monetise the content I upload?

You have not mentioned your state name, Alex. Are you in the US or are you posting from a different country?

The evaluation of contracts goes a bit beyond the scope of this forum. For a personal review, you will need to see an attorney in your area.

You cannot profit off the copyrighted content of others, however, without their express written permission. The permission should come in the form of a "license to use" their material. The terms can be negotiated.

 

[alxrnbirdmusic]

I'm posting from the UK, apologies for not stating earlier.

Ok, I'll look into a "license to use" contract. Just to clarify, are you saying my form is pretty much useless? I adapted it from a similar form created by La Belle Musique (https://drive.google.com/file/d/0B3DA8gvDtTIlOFZ5X2QxUEFTZkk/edit), a YouTube channel which has just-shy of 1 million subscribers. I would have thought that since they were aquiring artist permissions this way, it was an ok thing to do.

 

[quincy]

I'm posting from the UK, apologies for not stating earlier.

Ok, I'll look into a "license to use" contract. Just to clarify, are you saying my form is pretty much useless? I adapted it from a similar form created by La Belle Musique (https://drive.google.com/file/d/0B3DA8gvDtTIlOFZ5X2QxUEFTZkk/edit), a YouTube channel which has just-shy of 1 million subscribers. I would have thought that since they were aquiring artist permissions this way, it was an ok thing to do.

Thank you for providing the name of your country, Alex. This site handles US law questions and legal concerns only. Laws vary between countries, sometimes in significant ways. Advice offered here based on US laws may not apply to those who reside in other countries.

I understand what you are trying to do with your contracts and it is doable with careful wording of a licensing contract and a complete understanding by your artists as to what they are signing (and signing away). I am not saying that what you present here is "useless." I am not making any comment on what you present at all.

A personal evaluation of your documents needs to be left to an attorney practicing in your own jurisdiction.

Here is a link to monetization criteria for YouTube, for the benefit of others: https://support.google.com/youtube/answer/97527?hl=en

Good luck with your YouTube channel, Alex.

 

[alxrnbirdmusic]

Okay I understand, thanks for your help

 

[quincy]

You're welcome, Alex.

And thank you for the thanks.