Should I file a copyright infringement? (Youtube videos)

  • Thread starter Thread starter jerberson12
  • Start date Start date
J

jerberson12

mucis procedure
(Update Post)

Guys, I think your telling me I already know. This is purely inside Youtube terms of use. This is not a copyright infringement in a general form where you find a lawyer and go to court. If you upload videos on Youtube, it is automatically copyrighted and the uploader will have the ownership. Youtube stated that if somebody reuploaded your videos or use a portion of it, then you can file a copyright infringement using there method so they can take out from there system. The video has a title saying "produced by me". They are using a portion of my video so the it doesnt show my credits at the beginning of the video. The video made from the other party is also uploaded to Youtube which makes it easier for me to file. I just dont like that they use my video without my permission. The video is owned by me and it is uploaded in my music group Youtube channel, not in my artist's personal youtube channel.

I am just asking for any advice if I am going to do file it, or not.
Since this would also give me a bad reputation for the people I know who also support the concert especially my artist's parents and friends which they support the live concert. I just dont like what the show producer did and use my video.

or should I just let it go?


(Initial Post)

Hi guys,

I run a music group for Youtube and I make a decent music videos for some of the local artist in my area. We dont have a contract with the artists. I make them a decent video with a good studio quality audio of there cover song so I can promote my music group on Youtube and our iTunes tracks.

Some of my artist also work with the other production which manages live concerts. I dont know the people personally on the other production but without any permission, they use my video to promote there live concert on Youtube. It is ok if they use it for personal purpose but they use it to promote there live concert show without even asking me or even give me credits saying "courtesy of my music group" . Is it just ok what they did or should I file a copyright infringement through Youtube that there part of there videos are not owned by them.

The artist will be singing for the other production as a guest only, there is a primary artist for that concert

Any advices on what should I do?

CONS: I know my artist's parents personally, so I might have a bad reputation if I file for infringement and not sing for me again.
 
Last edited:
Well I'm no expert on this stuff, but here is my opinion.
You said you didn't have a contract with the artist, and you produced a music video of them covering a song.
If there is no contract saying that they cannot use the video besides personal use unless authorized, then I'm pretty sure you can't file for copyright infringement.

"I make them a decent video with a good studio quality audio of there cover song so I can promote my music group on Youtube and our iTunes tracks." is it possible you could clarify on this part a bit more, I'm kind of confused on that. Thanks :)


It sounds as if there was nothing said about if they could use the video for other things besides personal use. If you had a contact stating that, then there would definitely be an issue.
But since you don't apparently, you could just be wasting your time if you tried to file for a copyright infringement.
Usually right after they pay you (if they did) and you hand over the final product, it's their property unless a contract states otherwise.

Thats just my two cents. Yeah, it might make me a bit mad if I saw them using it without giving credit or anything, but I would be more upset that I didn't scrawl out a usage form saying they must have permission to use it for other than personal use.
 
Well I think you are seeing filing copyright infringement in a general form. But Youtube has its own process to file infringment form and I am talking about this one. If you upload videos on Youtube, technically it is automatically copyrighted for that media. When you file from Youtube, you can also file infringment for videos and audios separetely. Youtube stated that if somebody reuploaded your videos on there own channel and use a portion of it, then I can file for infringement. I dont want any money for doing this, i just want Youtube to take it down from the other party channel since they dont own it. Its just not right if other music production use it. If they want to promote there own live concert, they should make there own Youtube video. The video are uploaded in my music production channel, not in the artist's personal youtube channel FYI

PS: I follow rules in music business, I have a mechanical license on all of our cover song in itunes
 
If you believe there is an infringement on your rights, you should talk to a lawyer, not a website.
 
well ..... there's really no money involved so why would one spend money on a lawyer.

In my opinion you have no grounds though I could easily be wrong.
But when you produce a video for someone ( or an audio recording for that matter) and they pay you for it ..... it becomes their property to do with as they wish unless you have a contract stating otherwise.

If that weren't so ...... then if I go to a recording studio for them to make a recording of my band ..... the studio would still own that recording ........ and there's simply no way that's true.

So I don't think you have a legal claim on that vid and actually, I don't think you have a moral claim either.
If I went somewhere and had a vid made ...... I would use it as I wished ..... otherwise what's the point of even having it made?
 
I think another major point here is that you assumed mal-intent. I would bet the concert promoters are using the video without knowledge of any possible infringement. I would simply give them a call or email and let them you know you don't mind them using your videos but ask if they would put a blurb about your company when they use them. Most people are generally cool and when we cooperate and work together we all win. In truth your company benefits through exposure to their audience and YouTube following.

best with it,

Much respect and many blessings!
 
Bonafide said:
I think another major point here is that you assumed mal-intent. I would bet the concert promoters are using the video without knowledge of any possible infringement. I would simply give them a call or email and let them you know you don't mind them using your videos but ask if they would put a blurb about your company when they use them. Most people are generally cool and when we cooperate and work together we all win. In truth your company benefits through exposure to their audience and YouTube following.

best with it,

Much respect and many blessings!
Click to expand...
I think this is the best advice.
All you really want is credit for your work so that perhaps you can get more work yourself.
So if you contact them and simply politely ask if they could give you credit .... "it's a tough market and I could use all the help I can get ... blah, blah, blah "...... they'd almost surely do it just to help.
Whereas if they are threatened they're unlikely to do anything to help you.

If all you really want is accreditation then this is probably the easiest way to get it.
 
Do what Bob said.

In future just put a title intro and outro saying produced by **** or whatever.
 
Ok i read the update.
Personally I wouldn't bother filing.
It may be your right to do so, but as you say, you run the risk of being 'that guy'.

I'd still do what Bob says and just speak to them. You're all in the same boat after all.
If they give you grief about it then file a complaint. They'll have earned it then.
 
I still say approach them politely and happily as if they obviously just didn't think of it ( and that is possible ) and would they mind giving you some cred. to help you out ..... struggling artist yourself ..... blahblah ...... in my opinion that'll probably get you what you want without risk of offending anyone.

Who knows? ...... maybe they did simply overlook it.
 
I wouldn't usually comment on something like this, but I'd just let the situation go. YouTube's just about as chill as it gets as far as new ways to publish videos/music, connect with your fans, etc. go. I wouldn't make a big deal out of it for a few reasons:

1. As somebody else already stated, you don't want to be "that guy".
2. On YouTube this type of situation is considered "free promotion". If you want to do anything about the situation, maybe just ask the other live show people to include a link or annotation to your original video to give you credit.
3. A big reason why YouTube is so great is the strong community built around the website. People usually frown upon things like this (chasing after somebody who used your video without permission) where a small issue gets taken too seriously on YouTube. Here's a quick story: a few months ago the band Blink-182 made a music video for their new single compiled of videos posted by other users who used their songs in their videos without Blink-182's permission. This was a REALLY cool thing for Blink-182 to do and ALL of Blink-182's fans loved them for this, especially the fact that Blink-182 didn't chase after the people that illegally posted their music and instead embraced it. The people whose videos got used in the music video benefitted too -- they got free publicity and the joy of knowing their favorite band watched and enjoyed their video.

Consider these reasons and know that if you want to have a successful career on YouTube, you can't be chasing after petty things like this. YouTube's about making videos and meeting people that do the same, not trying to get back at people who "stole" your video.

Good luck, I hope this works out well for you :D
 
Lt. Bob said:
I still say approach them politely and happily as if they obviously just didn't think of it ( and that is possible ) and would they mind giving you some cred. to help you out ..... struggling artist yourself ..... blahblah ...... in my opinion that'll probably get you what you want without risk of offending anyone.

Who knows? ...... maybe they did simply overlook it.
Click to expand...

Dude, the other production is in business for 30 years and they have ties with the bigger production from the other country. The primary artist to perform for this event is actually a popular girl from the other country. They should know about that and all the music business rules. I dont mind if they use it for there own personal purpose and fun, but the one who use my stuff in another profiting music production. If they are big enough, then promote there own event in there own way, they should make there own video. Im not be the one who should please them and ask politely to give me credit after the fact. They should have ask me first for my permission first before eveything. I promote my music group by spending money and run an ad campaign, why cant they?
 
guitarplayr82 said:
I wouldn't usually comment on something like this, but I'd just let the situation go. YouTube's just about as chill as it gets as far as new ways to publish videos/music, connect with your fans, etc. go. I wouldn't make a big deal out of it for a few reasons:

1. As somebody else already stated, you don't want to be "that guy".
2. On YouTube this type of situation is considered "free promotion". If you want to do anything about the situation, maybe just ask the other live show people to include a link or annotation to your original video to give you credit.
3. A big reason why YouTube is so great is the strong community built around the website. People usually frown upon things like this (chasing after somebody who used your video without permission) where a small issue gets taken too seriously on YouTube. Here's a quick story: a few months ago the band Blink-182 made a music video for their new single compiled of videos posted by other users who used their songs in their videos without Blink-182's permission. This was a REALLY cool thing for Blink-182 to do and ALL of Blink-182's fans loved them for this, especially the fact that Blink-182 didn't chase after the people that illegally posted their music and instead embraced it. The people whose videos got used in the music video benefitted too -- they got free publicity and the joy of knowing their favorite band watched and enjoyed their video.

Consider these reasons and know that if you want to have a successful career on YouTube, you can't be chasing after petty things like this. YouTube's about making videos and meeting people that do the same, not trying to get back at people who "stole" your video.

Good luck, I hope this works out well for you :D
Click to expand...


I understand what you mean, using my video for personal use or just for fun is totally fine just like any other else.
The other production is using my video to promote there live concert which they will make money.

Dude, if you reupload a blink 182 videos and add a lyrics to it, ofcourse that would be just cool for them.
If you reupload blink 182 videos and make revenues of it by sponsors and ad, do you think the record label will not get you?

All I want is a permission man or credits......im not up to there money

and BTW, if a band gets signed by a record label that would be a different story.
Blink 182 doesnt care ofcourse, You know why?, if you are signed by a record label, all the music videos you will have does not belong to your band, it is owned by the record label. Blink 182 is already paid by there works, so whatever copyright issue they will have , they dont care, the one who will get you is the record label.
 
jerberson12 said:
If you reupload blink 182 videos and make revenues of it by sponsors and ad, do you think the record label will not get you?
Click to expand...

Actually, they won't. To clarify: I'm not talking about Blink's music videos, I'm talking about home-made videos that have Blink's songs in them. Because of decisions made by Blink-182's label, you can be a partnered YouTuber and monetize off of videos using Blink's songs and your video won't be taken down, it will only be automatically tagged with a small description of the song used in the video and a link to download it.

However, I understand where you're coming from. I'm just trying to give you my advise as to what I would do in the situation. The choice is ultimately up to you.
 
As to that last post - it all depends on the artist and their 'label'. Warner Brothers (or whatever they are called now) frequently shuts down videos of music they 'own' (Neil Young, Todd Rundgren to name 2 artists).

To the OP, if the band you videoed is doing a COVER SONG, they don't own the rights to that song, and neither do you. One of the youtube things about making money from advertisers on yoru channel's videos is you HAVE TO OWN the rights to everything in our videos.
 
mjbphotos said:
To the OP, if the band you videoed is doing a COVER SONG, they don't own the rights to that song, and neither do you. One of the youtube things about making money from advertisers on yoru channel's videos is you HAVE TO OWN the rights to everything in our videos.
Click to expand...

He noted somewhere in this thread that he has a mechanical license for the covers.
 
jerberson12 said:
Dude, the other production is in business for 30 years and they have ties with the bigger production from the other country. The primary artist to perform for this event is actually a popular girl from the other country. They should know about that and all the music business rules. I dont mind if they use it for there own personal purpose and fun, but the one who use my stuff in another profiting music production. If they are big enough, then promote there own event in there own way, they should make there own video. Im not be the one who should please them and ask politely to give me credit after the fact. They should have ask me first for my permission first before eveything. I promote my music group by spending money and run an ad campaign, why cant they?
Click to expand...
dude ..... you aked how you should handle it and I gave you a very good suggestion on the most likely way to get what you want without ending up on someone's shitlist and that's based on 43 years of doing absolutely nothing but entertainment for my living.

That bit about "why should I be polite" will get you nothing but hard feelings and probably laughed at but it will make for a far more entertaining story for us when half of them won't even speak to you anymore so I retract my statement ........... now I think you should go after them hard in your righteous indignation.

:rolleyes:

Why do guys like you even ask for opinions when you only want to have your own feelings confirmed and take offense at anyone trying to answer a question you asked? Oh ...... because you didn't really want anyone's opinion ...... you just wanted us all to tell you how badly you were being mistreated.

Be sure to let us know how many friends you alienate.
 
Depending on the length of the clip they used, and how they used it, it could fall under Fair use. You can still file a DMCA take down notice with Youtube, and they will most likely just remove the video with little or no review. I gotta say that's probably the worst thing you could do.

As others have said, this makes you "That Guy." If the clip falls under fair use, which it probably does, you are essentially using the DMCA (Digital Millennium Copyright Act) in bad faith. You have to keep in mind that reputation is a lot in the audio / video industry, especially for the smaller players. The person will be notified that you have had their video removed and give them a chance to respond. I would not be surprised to see a strong response in the form of them bad mouthing your business to anyone who will listen.

As others have stated, a little dialogue will probably go a long way in this situation. As a matter of fact, "goodwill" is actually something that they teach you in accounting if you ever take business classes. It is an intangible that is defined by your relationships within a company and your relationships external to the company, such as other businesses and customers (it has other definitions not applicable here too). Keep this in mind with every decision you make. Goodwill can go a long way.
 
This youtube service is a pain in the ass. It clearly dose not take into consideration samples from sample libraries. I have had a few Copyright Infringements due to artists using same sample in sample libraries packs. Sure it may have seemed a good idea at time for Youtube but in hindsight its not.
 
You must log in or register to reply here.
Back
Top