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YouTube sent me the following after I uploaded the video of my friends and me playing Black by Pearl Jam, and Wish You Were Here by Pink Floyd. I don't really understand how this works. If a song is copyrighted, and I make a video of myself playing and singing this song, does that qualify as copyright infringement?
Any lawyers out there who can help me out?
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RE: Acoustic Performance (in reply to Pgh_flamenco)
quote:
Even if you sample a split second of the song it's infringement...
Isn't every single song out there copyrighted? And along the same lines, aren't 90% (or even more) of videos of people playing guitar and singing on YouTube ones where they are covering songs that are NOT their own compositions? If so, does that mean most of such videos are illegal and should be taken off YouTube? If that truly is the case, I guess that very few videos of people singing and playing would remain on YouTube.
Isn't every single song out there copyrighted? And along the same lines, aren't 90% (or even more) of videos of people playing guitar and singing on YouTube ones where they are covering songs that are NOT their own compositions? If so, does that mean most of such videos are illegal and should be taken off YouTube? If that truly is the case, I guess that very few videos of people singing and playing would remain on YouTube.
Isn't that pushing it a bit too far?
These organizations choose to go after some people and not others and some offences are more expensive than others. For example, the standard settlement per shared song is 68K USD in US courts. The RIAA knows it can’t go after everyone so they go after a few people to scare the rest.
I agree that most song performances on Ytube are of copy written material and I do think they take it too far, but they’ve spent the last 10 years litigating these issues and the law is on their side. This situation is different than file sharing and you are allowed to remove the material without incurring prosecution and a fine. It’s part of the Digital Millennium Copywrite Act and I think it’s called a “forgiveness clause.” Ytube will probably delete your vids. If they do don’t put them back up or you can be sued by the RIAA and banned by Ytube.
Congratulations on your graduation. After you pay off your student loans you can buy a Conde or Devoe.
If a song is copyrighted, and I make a video of myself playing and singing this song, does that qualify as copyright infringement?
First of all congratulations, Rombsix, on your graduation. Your newly acquired title adds handsomely to the international group of physicians posting on the forum.
Second, while I too enjoy using my flamenco guitar to play some “pop” music, I find it well fit for arpeggios and finger-picking. For the kind of strumming (albeit enjoyable) that you use it for, perhaps a steel string guitar could reward you with a more proper sound.
Third, the Infringement:
Generally, a copyright infringement occurs when a copyrighted work is reproduced, performed or made into a derivative work without the permission of the copyright owner.
The issue is whether one has the copyright owner's permission, which I presume you do not.
Publishing the original work (say a video or sound) without permission and particularly if (i) for profit or (ii) commercial exploitation (as soundtrack to an advertisement, for example) would entitle the copyright owner to seek an injunction to restrain any further infringement and to pecuniary damages.
However, in this situation, of a couple of newly commissioned physicians singing and strumming along a few songs at a graduation party for an intimate crowd of friends and family, the infringement amounts to a “de minimis” (in terms of damages) which “lex non curat” [too little for the Law to care].
Publication of the video on YouTube may, however, require that licensing fees (royalties) be paid to the Copyright Office Licensing Division (as radio stations do) and/or to striking the video, by YouTube.
However yet, I would not worry, because I presume your performance was not compensated nor the guests paid any fee–and with all due respect, if anyone did, you should refund the value…
Posts: 6436
Joined: Jul. 6 2003
From: England, living in Italy
RE: Acoustic Performance (in reply to gj Michelob)
quote:
Your newly acquired title adds handsomely to the international group of physicians posting on the forum.
Hey, I am a qualified diagnostic imaging guy (Middlesex Hospital, London) - CAT scanning, MRI and ultrasound. I also read English Law at school (contracts and tort) so we could at least start a medico-legal practise, or even a clinic? Congrats Rombsix.
Hey, I am a qualified diagnostic imaging guy (Middlesex Hospital, London) - CAT scanning, MRI and ultrasound. I also read English Law at school (contracts and tort) so we could at least start a medico-legal practise, or even a clinic?
A well educated Foro, ineed, too bad only a few of the 3,500 learned members we have here can also play the Flamenco the Foro is named after....
RE: Acoustic Performance (in reply to gj Michelob)
Gj:
Thanks for the elaborate reply. I agree, a steel-string would probably sound better for strumming. I just don't have the money for one at the moment, plus, I don't intend on playing with a pick in general (nor with my nails on a steel-string). So, I don't think I'll be getting one soon...
What do you think about the fact that YouTube says I don't need to actually take any action (like removing the video), and that the video will still be viewable worldwide, although some ads may appear next to it? Do you think that's just a polite way of telling me to take down the video?
About fees: we didn't charge any money for performing, of course. But were you referring to me refunding said fee (had it been collected) because it would make things illegal had I charged one to begin with, or because you thought our performance sucked to such a horrid extent that we should have even PAID the folks to listen? Be it the latter, then I'll have to stand firm saying that it was not that bad (seeing that we only rehearsed three times, etc.).
Simon:
Thanks mate! Physicians are generally always afraid of "the courts," and anything medico-legal in general. Wouldn't mind having you get some MR or CT images for me, and Gj making sure we don't infringe any laws in the process.
What do you think about the fact that YouTube says I don't need to actually take any action (like removing the video), and that the video will still be viewable worldwide, although some ads may appear next to it? Do you think that's just a polite way of telling me to take down the video?
Rombsix, you have so many videos on your YouTube channel, many are covers of copyrighted songs or some play-along. If you were to take such action, you would be left only with a few flamenco falsetas (my favorite part of your channel, really). Do not worry, let YouTube tell you what to do when it will be necessary (typically a complaint by Pink Floyd’s management).
quote:
About fees: we didn't charge any money for performing, of course. But were you referring to me refunding said fee (had it been collected) because it would make things illegal had I charged one to begin with, or because you thought our performance sucked to such a horrid extent that we should have even PAID the folks to listen? Be it the latter, then I'll have to stand firm saying that it was not that bad (seeing that we only rehearsed three times, etc.).
I was teasing you, Rombsix, and obviously a quick witted gentleman, you saw the split meaning of my advice, one of possible grave legal concern, the other implying censure of your performance. I like how passionate you are about music and how unashamedly public you are about all that you play. Not a reproach, believe me, I somehow envy your uninhibited desire to share your music and performance …. I used to be the same way…. Then I suppose I turned “old” !!
However, I am still planning to post a few videos as well if August proves as quiet as it traditionally is.
Unfortunately, I don't make any money yet. Thus, I can't be of any use in terms of making donations to the foro. As for the title of "doctor," I've officially earned it now. However, in the medical ranks, I'm still an intern. I will need to become a resident, then a fellow, then an attending. And if I choose to pursue a PhD, then that's a totally different ballgame (with academic ranks like assistant professor, associate professor, etc.).
Gj:
You're totally right about my YouTube channel having lots of content that shouldn't be up there. I'm glad you like the flamenco bits (I do too, the most). However, it's a shame that all the people ask for is Arabic song covers. I made the mistake once of posting a couple of songs for the purpose of getting my Arabic Pop band members to learn the chords of the songs, and then viewers saw the videos, started making requests, and I was trapped. I'm going to take down only videos that YouTube tells me to take down.
And about being too "trigger-happy" when it comes to posting videos: I just like to get stuff out there in the hopes of helping others learn some chords to a couple of songs they like to sing, or get inspired by some nifty falsetas from here and there. It's all out of good intentions. I believe the saying goes, however, that "the road to hell is paved with good intentions." Or is that a saying of my creation?
RE: Acoustic Performance (in reply to mark indigo)
quote:
but flamenco guitars are made for strumming!
Well, for rasgueados, that's for sure. But strumming chords to accompany the vocals to a pop, soft rock, or alternative song would sound better on a steel-string because you get that metallic, "ringy" sound. The guitar I was playing in the video was a classical one (for $80 only) - so you can imagine.
I just deleted all of the videos I think might create problems off my YouTube channel. There goes the end of an era... Two years of making covers to help people learn how to play the chords to songs they like to sing.
Maybe I can focus better on my studies, and on flamenco, now, instead.
I just deleted all of the videos I think might create problems off my YouTube channel. There goes the end of an era... Two years of making covers to help people learn how to play the chords to songs they like to sing.
Maybe I can focus better on my studies, and on flamenco, now, instead.
As you can see from a parallel thread, Rombsix, I wrote to the legal department at Google submitting inquiries about their infringement policy. I share your grief and will wholeheartedly lobby to carve out exceptions allowing tutorial videos to survive as exception to the infringement policy (generally such exception is only available when the educational aspect is restricted and not as open-ended as worldwide streaming videos maybe).
I am hopeful we may find a solution… and this could be the next challenge for ForoFlamenco “save tutorial videos of YouTube!!”
"no action is required on your part. Your vid is still available, In some cases ads may appear next to your video."
Dude. It was a simple notification that based on the title and tags of what you uploaded (freakin pink floyd ) that they are aware someone ELSE is claiming the copyright already....and will be possibly USING your video for advertising in the future (if they think you are getting enough hits).
So rather then suing people for copyright (pointless unless you want to sue BIG stars like lady gaga etc...you know people with MONEY! ) they can get FREE advertising thanks to you not taking your playing serious enough to get get control of your performances. So they (they being Amazon or whoever might have advertised on your vid NOT PINK FLOYD ) are taking ADVANTAGE of your talent or at least potential popularity to advertise and sell **** through their webs since they don't play music and can't do such a thing.
So you WERE helping someone (NOT PINK FLOYD) make money before you took it down.
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Congrats Rombsix. 
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