• Songs
  • Question re: Copyright Infringement
2012/10/29 22:17:01
tfbattag
So.....I just put my first mix up on YouTube about an hour or so ago. I recorded the guitar solo section from Dream Theater's Lines in the Sand. 

I see that many members have recorded covers and put them up somewhere. There are also tons of videos of people playing covers on YouTube.

I just got a notice that my version may contain copyrighted content. So, have any of you already received messages like this from YouTube?

Here's the link to my version and below is the notice that appeared on my YouTube page.

http://youtu.be/HsYuw_lBBgQ


Lines in the Sand Mix
Your video may include the following copyrighted content: "LINES IN THE SAND", musical composition administered by: Warner Chappell
One or more music publishing rights collecting societies 




2012/10/30 01:02:37
BenMMusTech
It looks like you have been pegged.  It depends, yes it is ileagal to post songs that are copyrighted but there is a degree of leeway.  The only time I can think that you would be pegged is if you are making bucks out of it.

Peace Ben
2012/10/30 06:56:00
Beagle
no, what ben said is not true (sorry ben).  it does not matter if you're making money from it or giving it away for free, you can still be legally and monetarily responsible for copyright infringment regardless of your distribution or whether you charged for it or not.

yes, there are many people putting up covers and get away with it.  likely what happened was that someone reported you directly and they have to send notices if there's a report.

it is copyright infringement to post covers without a mechanical license.  any cover I post on soundcloud or youtube or whatever, I get a mechanical license for it to cover me legally.  it's not that expensive if you want to share your version and keeps the lawyers and copyright holders happy.
2012/10/30 07:52:18
Guitarhacker
Correct-a-mundo.... If you post a cover, buy the license so you are covered in a legal sense. 

Doesn't matter how big the infringement is.... a few seconds in a sample or the entire song redone by you.... if you don't have permission... you are liable.  And there is no such thing as "fair use" for musicians. You can post it and let it stream for free making no income and if and when they decide to come after you for infringement, they can literally recover THOUSANDS of dollars in past due royalties and license fees, and the judge will grant it.

It has happened in the past. Most often they simply send a cease and desist and tell you to take it down, but they don't have to. They can proceed directly to collection of royalties as THEY determine them to be. Not a fun day for you. 

Harry Fox Agency can get the license you need to stay on the right side of the law, and as Beagle said, it doesn't cost much.
2012/10/30 10:54:26
AT
Usually there is no money no fault  policy.  But $.085 or so for every hit - plus damages if they have a nasty lawyer or sense money.  If you are tagged (and esp. if you mention your source) it is best to cease and desist.  Youtube has already given you a warning.  It ain't worth it to prove you made no money - even if you are a nasty lawyer.

@
2012/11/04 11:11:58
tfbattag
Wow-

Thanks everyone for the assistance. I'll definitely look into getting the license that was suggested. 

One thing that was interesting (and albeit pretty impressive) was that the notice came up on YouTube literally minutes after I uploaded the track.

Thanks again!
TB
2012/11/04 11:14:57
Guitarhacker
They have all sorts of technology now that while it is impressive... it is also scary. 
2012/11/04 11:20:39
AT
Youtube is watching you ...
2012/11/04 11:50:48
tfbattag
Thanks all. I just bought a license from Limelight.
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