What is the legal stance on music on you tube? I see lots of videos using music and not having to pay for it. The reason I ask is that my partner used some music for a trailer he posted on you tube. Of course it wasn’t his and now he and I are being forced to pay because the music was used. Now the trailer was a nonprofit deal so it’s not like we’re using it to make money. Only 8 seconds was used of the song and the trailer was immediately removed once we were notified that we had used the music.
99% of the time it’s a copyright violation.
It’s a copyright violation.
I see lots of videos using music and not having to pay for it.
They are also copyright violations.
he and I are being forced to pay because the music was used.
Correct. You have to pay reproduction rights.
Now the trailer was a nonprofit deal so it’s not like we’re using it to make money.
That does not matter. This is also the reason why it’s becoming more difficult to shoot documentaries.
Only 8 seconds was used of the song and the trailer was immediately removed once we were notified that we had used the music.
That sucks. There’s a primer on US fair-use and copyright law written in the form of a graphic novel. I think that might help you navigate your way through this. Let me try to find it.
Does anyone have a link to the illustrated fair-use/copyright primer? I spent 5 minutes digging and can’t find it, and sadly don’t have the time right now to continue my search.
I found it:
The graphic novel and “Fairy use tale” are both cute, but If you’re really interested in fair use from the perspective of a documentary filmmaker, I’d recommend you check out the (aptly named) Documentary Filmmakers’ Statement of Best Practices in Fair Use, available in a free PDF here.
The Best Practices, by the way, can be used to secure fair use E&O insurance. Although if you want insurance I think you’ll need to pay for a lawyer (or find pro bono counsel) to sign off on your fair use analysis.