Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Is this considered copyright infringement?

I recorded my friend performing a dance to a song... and I would like to put it on you tube but is the song in the background considered copyright infringement?

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  • 1 decade ago
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    Technically, you would be violating the copyright owner's copyrights, unless you had a Synch License for the music.

    Under federal law, a copyright owner has specific exclusive rights. These rights include the rights to duplicate, distribute, create derivatives, and publicly display a Work.

    To upload anything to YouTube, you must OWN the copyright.

    This where people get confused.

    Ownership of a copyright means that you actually created the material or own the copyright (like George Lucas owns Star Wars).

    Purchasing a CD, DVD, song on iTunes, or buying software is not a purchase of the copyright... it is a purchase of a license to use the copyrighted material.

    It is not "yours." One copy is licensed to you, for your private use.

    Think of a song, video or software application like a rental car. When you rent a car, you don't get to keep it. You don't own the car, you own the right to use the car for a period of time.

    When you buy a song, you purchased the right to use a copy of the song. In most cases, you purchased the right to use the copy "forever." (In some instances, specifically with software... your purchase of the right to use an application is limited on time... like a month, or year.)

    Uploading material that you do not own, is very serious.

    I often see responses on here like... "lol, what are they going to do? Come to your house? lol"

    Yes.

    6 years ago Recording Industry Association of America (RIAA) filed a federal lawsuit against a 12 year old little girl, and subpoenaed a dead grandmother for testimony in trial.

    BOTH YOU AND YOUTUBE could be prosecuted as follows, for each violation:

    -- Cost to defend and win a copyright lawsuit: $500,000 (avg)

    -- Cost to defend and lose a copyright lawsuit: $500,000 (avg) + up to $150,000 (statutory), or more

    -- Cost to defend and settle a copyright action: $8,000 to $15,000 (avg), per violation

    -- Criminal penalties that can be imposed by the government: Up to 5 years in prison and $250,000 fine (first offense)

    Thus... YouTube removes material you didn't create.

    Hope this helps...

    G.C. Hutson, Chief Executive and Senior Partner

    Sadien Intellectual Property, Inc.

    http://www.Sadien.com

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  • 4 years ago

    The phrase "Captain Universe" is too short to be considered protected by copyright. The issue you might run into is whether or not it's been registered as a trademark. I'm pretty certain that Marvel has trademarked names like Spiderman, Captain America, Daredevil, and any other popular superheros they have. It's not likely that Captain Universe would be trademarked though. (I'm not really a comic book fan, just going based on who's been made into movies). Copyrights exist whether registered or not. Trademark protection only exists if it is registered and still in use.

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  • Anonymous
    1 decade ago

    You wouldn't get in trouble for that. All the company does is have it taken off of youtube. But look how many songs are on that site. They really don't care. And if they did, you wouldn't be the one in trouble. Youtube would.

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  • Yes, and videos get yanked off youtube all the time for it. It's not LIKELY, but it's possible.

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