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copyrighted music use in videos posted on youtube

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ryan early
copyrighted music use in videos posted on youtube
on Mar 25, 2014 at 5:10:27 am

Does anyone know the current status of using copyright music in promotional videos ( or any kind of videos ) for clients wanting to use the videos on youtube. My answer to requests for copyright music has always been no unless there is written permission but I see you tube now scans for copyright music and adds an iTunes link below the video. I spoke to the australian regulatory copyright body but they said it was a grey area has anyone else dealt with this issue?


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Mark Suszko
Re: copyrighted music use in videos posted on youtube
on Mar 25, 2014 at 1:55:52 pm

If you are doing anything professional, don't use unlicensed music. Tell your clients to look at it this way:

They are demonstrating to the world that they don't work in an honest fashion. Many people won't notice, but important people, will.


You Tube is the ultimate arbiter of what they choose to put up. Your clients could spend all that money on the video, only to have You tube decide to kill it completely, or just remove the audio. With all the marketing information in that audio. What good does THAT do as a promotion for the company?

Say you "squeak by", and You Tube only puts a commercial insertion into every play of your promo. Your commercial message is now being upstaged and diluted by lord knows that kind of ads, which viewers will associate with your client now. Again, you have failed your client if this happens.

There is no good reason to break the law in your case: you are trying to make a professional message here. This is not some teen in their mom's basement re-cutting gaming footage and adding junk off their ipod.

For-pay production is an adult game, with adult rules. You want a certain piece of copyrighted music? You pay for it. You are the communications expert; the client relies on your knowledge, training, experience and judgement to make good decisions. it's your duty to advise against decisions you can see are against the client's best interests. If you don't warn a client, and the bad stuff happens, it's on you, and don't expect them to call you back for more work in the future, or give positive references about you.


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Jeff Breuer
Re: copyrighted music use in videos posted on youtube
on Mar 25, 2014 at 2:23:11 pm

I'm with Mark. At the agency where I work we also handle PR and Crisis Communication so we are careful not to do something reckless in video that will cause a PR issue, like copyright infringement. I also don't think you will be able to get away from it for long. The YouTube creepers will eventually catch it and no right holder will want their material on an ad that is generating revenue for someone and not be paid for it.


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Steve Brame
Re: copyrighted music use in videos posted on youtube
on Mar 25, 2014 at 2:52:07 pm

And always understand that if your client asks, or even demands that you do this - YOU are the one committing the illegal act - not them. And they WILL throw you under the bus if any legal action is taken.

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creative illusions Productions


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Joseph W. Bourke
Re: copyrighted music use in videos posted on youtube
on Mar 25, 2014 at 9:49:25 pm

A good way to think about it is to take ownership of the piece - if you labored to create the music, would you let anyone and everyone use it to make themselves money, or would you want a piece of the action? Simple answer...

Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com


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ryan early
Re: copyrighted music use in videos posted on youtube
on Mar 26, 2014 at 6:26:58 am

Thanks for the replies, I was enquiring more about the current legal status but I absolutely agree with the responses here using copyright music without a synch license is a big no no. I've often been amazed at the risks that some producers take.


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Joseph W. Bourke
Re: copyrighted music use in videos posted on youtube
on Mar 26, 2014 at 1:13:27 pm

Short of the ethical implications, here's a pretty comprehensive article on usage under the fair rights doctrine:

http://www.videomaker.com/article/14261-whats-legal-youtube-fair-use-vs-cop...

Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com


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Santanu Bhattacharjee
Re: copyrighted music use in videos posted on youtube
on Mar 31, 2014 at 3:29:39 pm
Last Edited By Santanu Bhattacharjee on Mar 31, 2014 at 3:32:01 pm

Here is a situation. Often clients want us to make a video with some YouTube reference videos and other copyright audio tracks (which does not belong to them) for their internal consumption, may be to show it to a handful of their employees. They convince us that it is only for a bringing forth their point of-view to a handful of internal audience. Unfortunately, after the video is delivered they themselves put it up on the internet.

It makes us feel so guilty. We have decided not to work with material that genuinely does not belong to the client. No downloading of copyrighted material. It may mean to lose the client for ever. But at least we don't lose ourselves!

Santanu
http://www.santanu.biz


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