Copyright infringement?

billandamy

billandamy

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Oct 22, 2007
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So I take my wakeboarding vids (and other vids) into iMovie and add soundtracks. Then I post them up to my YouTube account. From time to time (and more recently almost every time), the soundtracks get flagged.

I posted up a new video of my wife yesterday http://www.youtube.com/watch?v=sju8OpF1V9w
and the soundtrack was off by this morning. It was the Lemonheads remake of Mrs. Robinson.

What I dont understand is this: I am not selling the video, nor marketing it, nor trying to profit of fit in any way. I understand it is being seen by the public, but so what? Often times when I see vids on you tube, and I hear the music, Ill search the artist out and possibly buy the music, so in my view it is free advertising for the groups. It isnt like you can download the music of YouTube vids. It's FREE frikkin marketing/advertising. I WISH I could have my company get free marketing throughout the world like these douchebags.

So they make you choose from a list of "approved" songs that truly suck ass. It is music no one ever listens to , and they give it free to YouTube begging people to use it.

What do you think?

Personally, every time they make me take music off, that group is getting deleted from my iTunes, iPod, and will never get another cent from me.
 
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We had the same problem with a Jimmy Buffet song. My used a U-Tube app to ge a replacemnt song the fit. Not sure exactly how she it, but I think it was called music swap.
 
rcknecht said:
We had the same problem with a Jimmy Buffet song. My used a U-Tube app to ge a replacemnt song the fit. Not sure exactly how she it, but I think it was called music swap.
Click to expand...

Yes, you have the Audio Swap option, but it is a list of crap.

The thing about music is, we choose songs to fit the mood, to fit the time, and look for changes in the music to fit changes in the vid...as close as we can anyway.

The song we picked was one of the more perfect ones we did ever. It starts out nice and slow during my vid of JUST Amy, and JUST as she is rising out of the water 18 seconds later, the music really kicks in. Later in the vid, when she falls, theres a little backbeat...was perfect.

I know these arent going to be going to Hollywood, but we enjoy doing it (my wife helps with the videos) together, and this stuff is irritating after we spend 15 minutes looking for the best soundtrack.

Our art has been compromised!!!!!
 
Seems fair to me. You're using something owned by another, and posting it on a public site. Only natural that they want to get compensated -- especially considering that if they don't enforce it with you, they set a precedent that can be used against them in court. It also sounds like the remedy is simple and available -- pay for the music.

If the video you made was for private use only, this wouldn't be an issue.
 
AndersonAcres said:
Seems fair to me. You're using something owned by another, and posting it on a public site. Only natural that they want to get compensated -- especially considering that if they don't enforce it with you, they set a precedent that can be used against them in court. It also sounds like the remedy is simple and available -- pay for the music.

If the video you made was for private use only, this wouldn't be an issue.
Click to expand...

ok but now everyone that views my video sees their advertisement soooo shouldn't they be paying me for any songs they sold through my video? and I did pay for the song when I bought it from iTunes
 
Yes, but the iTunes 'license' that you got most likely didn't cover using the tune on a video at a public site.

Interesting idea about them paying you for songs your video sells. Write them with a proposal ...... NOT.
 
Blame the lawyers for this one.....again.

They say it's to protect the artists but the artists don't get squat.

It's a crock of crap. I can see if someone is using copyrighted music to advertise their product....but a personal video on Youtube? C'mon, give me a break.

.
 
What happens if you have a song playing in the background while you are videoing something? Lets say it is playing on the radio as you're videoing the kids swimming???
 
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Why are you using music in your video? More than likely because you think that music enhances the video and will make it appeal to others. Why should an artist allow you to use their music to enchance your work product for free? You say that the tunes that are offered to you to use "free" are "crap" and you don't want to use them. They are "crap" because they bring no value to you. You want something good, but don't want to pay for it, artist big star says you want to use my good music then pay for it or use "crap". On the other legal side if they allow the music to be used unlicensed on U-Tube that could open up a whole lot of other issues, like using it for free in commericals or movies. Sometimes the system sucks but most times it is for a reason.

Few people allow the valuable fruits of their labor to be used for nothing, especially when someone else will benefit from it.
 
There's (barely audible) music in the background of this vid I made and it slipped past the music gestapo somehow (you'll hear it at 20seconds in). I too had to pick from their free super-suck music for other vids I've posted since they flagged and blocked the music I had dubbed in.

[youtube]http://www.youtube.com/watch?v=I9eGx1gwnlE[/youtube]


Contrary to what Jack above says, if I were an artist (and I sort of used to be), and someone legally obtained my song and put it in a personal not-for-profit youtube video to be heard by an infintesimal number of people, I'd be thrilled that the song is getting free advertising. That's exactly what music videos started out as - promotional videos. Bill and any Beatle fan knows exactly what I am talking about, since they were the originators of the concept.

Now, if you want to get into the viewpoint of "how do I know it was obtained legally" than you got me. Also, if the artist doesn't want his song associated with my crap-a$$ video, you got me there too. It's ALWAYS BEEN about airplay - that's how you sell records (or downloads!).

BTW, for this video, I sort of liked their "free" music overdub!

[YOUTUBE]http://www.youtube.com/watch?v=Qbk3OgfyGK0[/YOUTUBE]
 
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I thought this one worked out pretty well too!

[YOUTUBE]http://www.youtube.com/watch?v=GVOPVmzZSro[/YOUTUBE]
 
First, you're distributing someone else's stuff without their consent, much less compensation. In all other venues, the artist gets paid when their song is distributed. Next radio stations will want to play their songs for free cause youtube is, it can't happen, it won't happen and I applaud youtube in trying to protect someone else's property. Music isn't a free commodity, someone paid a lot of money to write, record, package, promote, distribute that bit of music. If you like that artist and want them to continue to be able to make more music, then they need to recoup that money.

That being said, if you leave the camera audio in there and put the music just under it, it freaks out the software and it can't identify the song. The issue they have is that it's the whole unmolested freakin' song. Molest it a little so it's not virgin like and they'll leave you alone. They don't care if it's some distorted version of a steely dan song in the background, they care when it's all by itself hangin out there for everyone to rip.

Bill, I thought you were a guitar hero, why don't you record your own music and cut your video to that. maybe get you wife to sing a verse too. make is a complete "Home" movie.
 
playing a little devil's advocate...
If you play a U2 cd that you purchased from Tower Records at a huge raftup with 18 boats and they can all hear it, are you taking food off the table of Bono? Au contraire. I'm at the raft up and hear the album and like it. When I get home I'm going to download it (legally). Who loses in that arrangement?

More food for thought. I guarantee that everyone reading this thread has borrowed an album (remember vinyl?) from a buddy, taped it, and then gave it back? Crime? Very grey area, both legally and ethically. If you tape it and then stand on the corner of 34th and B'way selling it from a curbside blanket, then there's NO doubt as to the legality.

Mr. F, your rebuttal...:grin:
 
They can't play the music at the raft up at will, and they can't take it with them when they leave. It's also compromised in quality.

As far as making a cassette copy of your buddy's vinyl record, you infact did compensate the artist for that. A portion of all cassette sales goes to the record companies to be distributed amongst the artists. It's also an inferior copy. First you're recording a crappy scratchy record on to a low fidelity hissy cassette that deteriorates over time. That's why you went out and eventually bought your own.

The real issue with copying music came with digital media. First the DAT tape and now digital files. The record companies were successful in killing the DAT tape for consumers and only professionals were then able to buy the machines because you could make a bit for bit exact copy and not have to go out and buy one.

Now with digital files and the internet, you can just grab what you want and it's very good quality. make multiple copies with no degradation and it doesn't degrade over time.

95% of all music downloads are free or stolen. That's the reality. iTunes is the number one music distributor in the world selling only to the remaining 5% of the people that actually buy downloads. How would you fare in a market with those kinds of percentages.
 
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I've had this one out for a couple months and it's been left alone.
[YOUTUBE]rATsK5Sc-bg[/YOUTUBE]
 
It's an absolute fact that record sales are not the cash cow for musicians that they once were. This is a very interesting article on the business end of the music industry for 2008.
http://www.nytimes.com/2009/01/01/arts/music/01indu.html

Just like every other industry that faces changing technology, the music business is already evolving and finding new ways to make money (ring tones, Rock Band, etc.) I wouldn't worry about a rock star's livelihood just yet.

I find it hard to believe that the industry only started policing copying of music after the digital format came out. Napster's whole argument was that they were just enabling people to "share" music (again, refer to the analogy of lending me your vinyl REO Speedwagon album). That was shot down b/c of the internet's ability to MASS DISTRUBUTE to millions(billions?) of people a "shared" song, which is vastly different from lending your neighbor an record.

I agree that downloading a song and not paying for it is wrong on every level. I just don't agree that putting said song up on youtube is a conflict.
 
I'm not saying youtube is taking money out of the artists mouths, I think it's very debatable that it's doing the opposite. But it's not my decision, it's the owners decision if they feel it is. That's why some music stays on with a tag added, and some is stripped off. The artist is almost never involved in this decision because they OWE the record label a debt which has to be repaid. a recording contract is possibly the worst loan available on the planet. The label owns the recording.
 
I'm not saying youtube is taking money out of the artists mouths, I think it's very debatable that it's doing the opposite.
Click to expand...

Ladies and gentlemen of the jury, that's not what the witness stated in post #13...

First, you're distributing someone else's stuff without their consent, much less compensation.
Click to expand...


AH HA! So you agree with me! :grin::grin:

(I'm just messing with ya mike!)

BTW, I've taken the liberty of notifying the youtube music police about Todd's infraction. The video will be taken down and all involved will be prosecuted to the fullest extent of the law.
 
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I do agree with you, but it's also not my music.

If you look at my videos, I think half of them had their music stripped off.
 
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