Youtube music question

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Hello, I am unsure on the way the youtube music copyright system works so I could do with some help. I've come across several websites and talked to several people that have told me that if I don't monitize my youtube video, I'll be ok to use copyrighted music. Several other people/websites have said that I won't. What do I believe?

 

DSzymborski

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You shouldn't *rely* on that. It makes it simpler, but there's no guarantee involved; the pages themselves explicitly say that copyright owners can choose to take action that differs from the general policy above.

If you want a guarantee, your only options for copyrighted media are to explicitly *ask* the copyright holder for a specific right or to not use the copyrighted media at all.
 

DSzymborski

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While a small, non-monetized video is less *likely* to attract the attention of the rights holder, whether to force the issue or not will remain at their discretion if they become aware of it. Just by itself, being not-for-profit isn't enough to argue a fair use exception.
 
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Ok, one more question. Where does all this fit in then? https://www.youtube.com/music_policies

Although this is from youtube themselves from what I've looked at there seems to be a bit of a debate as to wether this is something to rely on when using music
 

DSzymborski

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You shouldn't *rely* on that. It makes it simpler, but there's no guarantee involved; the pages themselves explicitly say that copyright owners can choose to take action that differs from the general policy above.

If you want a guarantee, your only options for copyrighted media are to explicitly *ask* the copyright holder for a specific right or to not use the copyrighted media at all.
 
It's unfortunate, but the current state of copyright law is tilted wildly in the copyright holder's favor. The copyright holder has the right to get your content pulled merely if they claim you're infringing their IP. The burden of proof is then upon you to show that you aren't or your use is protected by fair use (guilty until proven innocent). Which in the case of deliberate use like a background music snippet for a YouTube video would probably involve going to court. (If it were incidental like a car driving by with a song playing on the radio, you could point that out to YouTube in your DMCA response, and a real person would see how that's obviously not infringement and reinstate your video.)

Even if you pay the copyright holder for a license, that's not a guarantee your video won't be pulled. They use computer algorithms which scour videos for sound clips which match their IP, and hand a big list of "infringing" videos to YouTube with a DMCA request to pull them. All licensing the music would do is give you an easy out in your DMCA response - provide proof that you've licensed the music. Your video would still be pulled (or the sound muted) until the DMCA request and response process was completed.

Even if you don't plan to monetize your videos, if the music copyright holder files a DMCA takedown request, it can end up in them getting all the ad revenue for your video. Then one day you happen to get a viral hit with tens of millions of views worth thousands of dollars in ad revenue. And instead of being able to collect on that, the money will automatically go to the music copyright holder unless you fight them in court.

Just don't use copyrighted music. There are lots of talented people out there. Find a musician (or even wannabe musician) and make your own music. Or use music tracks that aren't encumbered by copyright.

https://www.google.com/search?q=royalty+free+music
 
Feb 19, 2016
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Yeah, I understand what you're saying but it don't really care about making money off videos even if it's thousands of pounds (or dollars). I know it sounds silly but I'm really not on youtube for the money. As for your second point about royalty free music, I already use it in all my videos. Just wondered if I could use copyrighted music without monitizing it, since I don't want the money.

PS: I know I already got an answer on this but what do you think about youtube's music policy page, is that a good guideline on what music you can use and how you can use it? Is it to be trusted?
 
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