Is this considered copyright on Youtube?
One of my best friends is moving away soon so another one of my friends and I changed the lyrics of a song to be about our friendship with him. We want to film it and put it on youtube so he can see it after he moves but I'm worried that using the karaoke version of the song will get it taken off. Will it probably be taken off? Is there anything I can do to not get it taken off?
- 1 decade agoFavorite Answer
VISION is wrong
Fair use is determined on a case by case basis (see Harper & Row); whether your song will constitute fair use or a misappropriation will be very fact specific.
You do not need permission from the copyright holder if your use is fair. 2 Live Crew did not get permission to cover the song "Pretty Woman" and our Supreme Court did not require it when they ruled that 2 Live Crew's use was fair in Campbell v. Acuff-Rose.
There are two factors that work in your favor for fair use
1. You do not stand to make any money from this
2. You are not likely to compete with the copyright holder in the market with your use.
The lyrics that you choose for the song will be a determining factor as to whether your use of the song will have a valid defense to copyright infringement.
The separate issue is whether Youtube will take it down. Youtube will often take a video down claiming violation of its copyright policy even though the use is fair. In these cases, you can write an email to Youtube asking that they reinstate the video.
Youtube is fully of thousands of copyright violations. Making a video using a karaoke machine and posting on youtube is more likely to blend in with all the other violations than be singled out for deletion. The infringement that you are talking about, if it is not fair use, is probably not worth anyone's time to enforce the copyrights. If it is fair use, you have a constitutionally protected first amendment right to make the video, but youtube is under no obligation to maintain it on their site.
If you would like to get a better understanding of fair use, read the case I cited below. It is the foundation of the subject should you decide to attend law school in the future. You might also check out Carol Publishing. Our Supreme Court Justice Sotomayor was the trial judge for that case and the appeal does a very good fair use analysis that serves as a model of how copyright lawyers should approach fair use problems.
You never need permission when your use is fair. That is the law in the United States and our 1st Amendment guarantees it.
If you dress up like the singer of the original song and parody him or her as you sing your own lyrics, you will be all right. Michael Winslow didn't need permission to immitate Jimi Hendrix in Police Accademy and you don't need permission either.
You can watch a copyright infringing clip of the Michael Winslow performance on youtube.Source(s): attorney http://www.law.cornell.edu/supct/html/92-1292.ZO.h... http://www.law.cornell.edu/copyright/cases/150_F3d...
- Anonymous1 decade ago
You would need to contact the copyright owner of the music and get their permission to use it..
No Chuck... you are wrong...
Usage of the melody, regardless of lyrical content....
Is not allowed....
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.Source(s): http://www.copyright.gov/fls/fl102.html
- 1 decade ago
Yeah, you might want to think about changing the melody around a little bit so no one is inclined to sue you or take your song off due to copyright issues. I wouldn't worry too much about it though if it's just more of a friend thing. But if you're concerned, just be a little more creative with the melody so it's not like you're directly taking it from someone else.
- 1 decade ago
it depends on what song it is, there are also videos that show you if the song gets taken away that you can get it put back up on your video by sending a message to the youtube owners. I have done this before multiple times and it usually works. http://www.youtube.com/watch?v=s-fWAuyS1LM
read the discription of that video and do what it tells you and there is a 99% chance you'll get your music back up. Good Luck!Source(s): http://www.youtube.com/watch?v=s-fWAuyS1LM
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- 1 decade ago
No. Your song is protected from copywrite law, because it is a parody. Because you changed the lyrics for the purpose of entertainment, it does not violate copywrite law.