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Madbones
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28 Feb 2012, 1:57 pm

Hey!
I am probably going to make a Youtube series of tutorials at some point. For the intro I want some copyrighted music. The intro is estimated to be 5-15 seconds.
Would this fall under fair use?

I have heard that you can use copyrighted content for under the duration of 30 seconds. Is this true?


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Lene
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28 Feb 2012, 2:17 pm

I'm not sure if it's technically legal, but you might be ok if you credi the band in the description part.

If the band has a problem with it, I'm sure youtube will let you know quickly enough!



Daneeka
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28 Feb 2012, 2:56 pm

http://www.mediamusicnow.co.uk/blog/200 ... copyright/

I'd recommend royalty free music.



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28 Feb 2012, 3:02 pm

youtube doesnt care about fair use anyway,

that said your video will only be taken down if there is a pre existing blanket agreement with the production company or the copyright holder makes a direct complaint.
that or they remove all sound form the video.


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28 Feb 2012, 5:09 pm

Why not use public domain music. There is a lot of music out there that is too old to be under copyright. Granted these offerings are not current, and hip, but at least they are free. Besides old music composed by members of the public, there is also military music created by the military for their own use, but the public can also use it. This is also in the public domain. The military is part of the government, so the music created by the military belongs to the government, and here in the USA the government belongs to the people, so we own the military made music. You may have to pay a nominal cost for down loading a clip, or for a DVD, or for printed sheets of music, but you are paying for the medium used and the work used in providing it. I believe there are some sites that have our military music on them for downloading. You can also probably find books with military music in them at the library. The library can also help you find non-miltary old tunes that are now in the public domain.

Some old war pix used military music for their themes because it was free and fit the stories. I seem to remember one that used what I believe was the Coast Guard theme, and I really liked the tune. A number of movies and cartoons have used old classics because they are free and they fit the stories.

So there are alternatives to taking a risk on violating someone's copyright. And you don't need a lawyer for public domain music. If however, there is a copyrighted piece you like, you will have to pay the license fee.


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Madbones
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28 Feb 2012, 8:09 pm

How much would the fees be?
Or is it too much to even think about?
I will look into some public domain songs, but there is one I particularly like.
Thanks!


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Cornflake
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28 Feb 2012, 10:52 pm

Madbones wrote:
Hey!
I am probably going to make a Youtube series of tutorials at some point. For the intro I want some copyrighted music. The intro is estimated to be 5-15 seconds.
Would this fall under fair use?

I have heard that you can use copyrighted content for under the duration of 30 seconds. Is this true?
I don't think UK law recognizes any concept of "fair use" so that might cause complications.


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Jono
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29 Feb 2012, 5:17 am

Cornflake wrote:
Madbones wrote:
Hey!
I am probably going to make a Youtube series of tutorials at some point. For the intro I want some copyrighted music. The intro is estimated to be 5-15 seconds.
Would this fall under fair use?

I have heard that you can use copyrighted content for under the duration of 30 seconds. Is this true?
I don't think UK law recognizes any concept of "fair use" so that might cause complications.


Actually, I think it does but only for specific purposes as opposed to being a general defense as it is in the US. Although in the UK, it's called "fair dealing". As I don't live in the UK, I don't know the specifics of it.

http://en.wikipedia.org/wiki/Fair_dealing_in_United_Kingdom_law



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29 Feb 2012, 6:42 am

Ooh, interesting. I had no idea UK law was so umm, "generous".
I think you're right about it not being as general as "fair use" though - it looks more like "fair use with a ball and chain attached":

Wikipedia wrote:
Fair dealing is a defence after the fact. If sued for copyright infringement, one can rely on fair dealing as a defence in court, but the defence "only comes into play once a claimant has established that copyright has been infringed. Where this occurs, the onus of proof [then] falls on the defendant to prove that one of the exceptions applies".
So even if you're able to prove "fair dealing" applies there are still costs involved.


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25 Sep 2012, 1:15 pm

I apologize for being a lvl 20 necromancer, but I just added an avatar to my profile.

Would this be within the realm of Fair Use?

Original image:
http://images.huffingtonpost.com/gen/53808/original.jpg



sliqua-jcooter
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25 Sep 2012, 8:54 pm

IANAL - but probably.


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