Background Music Copyright Infringement - NEW HACK for 🔥ATTACK 🔥on Free Speech!!!
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- Опубліковано 27 лип 2024
- They are out there … THIEVES who will use copyright background music to STEAL our Free Speech rights. In this video, Your Social Media Lawyer, Ian Corzine, will discuss background music copyright infringement in the context of a NEW HACK designed to ATTACK our Free Speech rights by playing copyright background music in public speeches we want to publish on UA-cam. During the discussion, I will talk about how to use background music without copyright and how to use background music on youtube without copyright. I will also detail how to use background music for youtube videos without copyright strike. In the course of the talk, I will address incidental music. What is incidental music? Can I use copyrighted music on UA-cam? These questions will be answered along with, “How can I legally use copyrighted music on UA-cam?” I will give you background music copyright rules, discuss the rules for Fair Use of background music and talk about the rules for background music. Thank you for watching!
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The content of this UA-cam channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this UA-cam channel for legal advice. Viewing this UA-cam channel is not intended to and shall not create an attorney-client relationship between you and Ian Corzine or West Corzine, LLP. Messages or other forms of communication that you transmit to this UA-cam channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Neither Ian Corzine nor West Corzine, LLP makes any representation, warranty, or guarantee about the accuracy of the information contained in this UA-cam channel or in links to other UA-cam channels or websites. This UA-cam channel is provided "as is," does not represent that any outcome or result from viewing of this channel. Your use viewing of this UA-cam channel is at your own risk. You enjoy this UA-cam channel and its contents only for personal, non-commercial purposes. Neither Ian Corzine, West Corzine, LLP, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.
© 2019 Ian Corzine. All rights reserved.
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#yoursocialmedialawyer - Навчання та стиль
Avoiding ❌Copyright Strikes❌ for background music is complex. Do YOU have any questions about background music for UA-cam?
@The Blogspot Really?? I am sorry to hear that -- what was the clip of?
Bro. Ian, What can you say about Shopro? My friend got Blocked World wide about 5 secs of the video of Pokemon clip. Its a fake copyright claim? Sometimes, i dont understand what UA-cam system doin. Hahaha
Ian Corzine if I create a homemade video with background music and only share it with with family via email, is this also copyright infringement?
Hi Ian - I have a video of my friend purchasing a second hand van - the stereo got stuck on playing dolly parton - we do not play the songs in their entirety, but the clip features it of course because he is trying to turn it off which he does in the end. Do you think this would pass as OK or should I cut this scene? It seems a shame as its quite a piviotal scene in the first look of his van. What do you think I should do?
Thank you for this. Unfortunately for me the “incidental use” argument has never got me anywhere with UA-cam. I am a fitness content creator and so I film in gyms where there is ALWAYS music being played - music that normally I hate and wish wasn’t even on. I can’t even edit the music out because I am usually talking - either for instruction or chatting with other gym members so to edit out the music would be to edit out all the conversation. I got a claim once when I was filming a Tough Mudder race for my nephew and because there was music over all the speakers they hit me with a claim. Can’t edit out the music as I am talking to all the team members about the event.
I have been getting claims against me so often now I just don’t even feel like shooting anymore. I do feel like my right to make content and express myself is taken from me because every damn place you go these days people have music blasting.
Any suggestions?
I came to this video exactly with the same issue as you... Yesterday I did a strength training livestream, and the music in the gym was so loud it almost ruined the whole thing. I couldn't gather my thoughts and went through the entire episode with noise cancelling headphones on. Once the broadcast ended, I was rewarded with a copyright claim from SME and UA-cam blocked my video from showing in Western Europe. Isn't that nice?
I'm getting more copyright claims lately from recording at gym. I don't like the music. Don't want it. It doesn't fit with what I'm doing but UA-cam flags me anyway. So Im doing YB mute button but it takes awhile. The classic rock day gets less flags. Go figure. 🏋
I go flagged recently when I was having a conversation with someone and a song was playing in the background. It wasn't even the original version - it was a cover. We live in a world where music is EVERYWHERE. It's going to get harder as time goes on if something isn't done about this.
Just because it gets flagged by UA-cam's contentID system doesn't mean you can't appeal it. I've appealed and won contentID strikes based on fair use. Good to know about incidental use. Thanks for the video.
Wow Holy Koolaid!! It's great to hear a success story for a change. I mostly hear of people who appeal and then get a strike. I'm glad I could provide you some needed information. Please feel free to reach out to me should you need any legal assistance with your channel. Just wondering: Do you drink the koolaid? 👊😀😂😂
@@iancorzine Thanks for the offer. Yeah it's a spin off of Jonestown. My channel is pro-science anti-cult & anti-dogma.
First comment I guess I love learning from you Ian
Hey NickelNation!!!! Congrats! You win a BIG HUG next time I see you!
I am a small youtuber a newbie of this institution so i think you already know what i want from you NickelNation and im willing to give you back for what you deserve :)
👊😁
Great video as always, my friend. Long live the Empire! I’m gonna say incidental use for everything moving forward. Haha.
Hey Stormey! Haha! Thanks for watching, my friend!
Yes it is a good video and im so thankful that i subscribed to his chanell :)
Very helpful
😁
Good to know!
Hey Heath! Thanks so much for watching!
Thanks Ian
Hey Aisha! Thanks so much for checking in!
Excellent content! UA-cam just announced a change to minimize the impact of incidental music claims but it is not foolproof. Your advice is always clear and to the point!
Thank you so much for watching. I sincerely hope UA-cam's changes helps the problems and doesn't just make them worse. I guess only time will tell. Have a great day. 👊😀
You asked in the video, "Could they steal your free speech rights merely by playing a copyrighted song in the background?" Unfortunately this may become far more than a theoretical question in the future. I saw an article published on the _BoingBoing_ media site a few days ago called "Clever hack that will end badly: playing copyrighted music during Nazis rallies so they can't be posted to UA-cam." Although nobody likes Nazis, if people start actually doing this, then this tactic will surely spread to playing copyrighted music at all sorts of political rallies and speaking events that offend someone's feelings or sensibilities, whatever they may be. This could sadly have quite severe consequences for the ability to disseminate free speech online.
Yeah I saw this article too. It really is true! we’ll have to see what happens in the 2020 elections.
Thank you for answering my question. I was doing a livestream at McDonald’s and there was music in the background.
Amazing video!!! Never thought about it like that!!!
🌞⛱🌴
Your grow is impressive, you rock Ian - you got this !
And yeah... having music could be fun but it's also a nightmare if your trying to do videos with adsense (hint-hint) ;)
Hey Dave! I know -- outdoor, public filming is always hard -- now, it's getting more difficult!
Good warning. I'll be recording indoors mostly, but it would be easy to not notice this if i was in public.
Hi Shadowcam!! Thanks for watching. It's always good to have excess knowledge. 👊😁
Seriously, the laws/rules for this need to change. The idea that you can't publish a video of a *public* *space* because there's background music that you have no control over is astounding. As you mentioned, because of this, anyone can choose to silence you as they please. Plus it just seems grossly unfair that I can't film my picnic at the beach because the people next to me are playing music. These laws are created to protect creators, which I of course support. But is that what's happening here? People saying, "well the music IS in the video!" are missing the point entirely. A) It's a public space and I have no control over the music, but perhaps more importantly, is the artist being harmed? Are they losing revenue? Are people going to watch my video to enjoy the crappy music mixed in with hundreds of other sounds like waves, people talking, car horns, etc.? No. The music is irrelevant and wouldn't even be there if I had any control over it. This NEEDS to change for the world we live in now.
Amazing as always
Thanks Gene! I treasure your friendship!
Can i have a kick on my house ??
And i will surely kick your house too :)
Amazing video Ian! Learned some awesome new stuff from this! All while eating ice cream, so big win for me haha! :)
The People's Bookkeeper Haha! Thanks! Winning!
@@iancorzine LOL love it my friend!
Thanks Ian! Everyone has to have their own music to avoid copyright infringement.
Hmmm. Interesting. Thank you
U are amazing Ian 👌 every time I watch your videos i learn something
Wow! Thank you so much Yacine!! I am really trying to keep creators educated so they can have successful channels. Thank you for watching and for responding. Have a great weekend. 👊😁
can you please make a video addressing the manually claimed copyright claims?, its an issue for a lot of review and reaction channels including mine.
I think the copyright laws and youtube rules need a complete overhaul. The problem with that is when anyone in power tries to overhaul copyright laws they are always in the favor of the copyright holder and not creative freedom or innovation. This is most likely due to the fact that these politicians have financial incentive.
This was helpful.
If I have video up that contain music of a passer by, should I post the incidential use phrase on my video description?
Doing so might actually increase the odds of a copyright claim or strike because some automated bot may come along and flag your video because that song is listed in the description. But as Ian said, UA-cam provides a tool to mute incidental appearances of copyrighted music in videos. Unless it hurts the quality of your video, it may be a good idea to mute any known instances of incidental music because this will prevent possible copyright claims (especially if you're a monetized channel because you really don't want copyright hassles and your video's entire ad monetization being redirected to some large corporation over a few seconds of unwanted background music).
@@photios4779 okay, makes sense, I was in the middle of my video when this person walked by with their music playing loud, I think it only cought a brief few seconds of the song.
No. You probably need to delete the background music in the UA-cam Studio editor.
Photios Well-said
that is great tips for me when i video shoot in public i just video record trains passing by only or just make something in home like fixing something or do some tips on something
Michael_vx Yes, this is the right plan.
I've appealed a few times and won. It's not hard to appeal. The music owner would have to personally do something for you to lose. If they do nothing you win. There are also scam companies that find music in videos and they file fake claims. Many times I get to keep my video, but the earnings go to the owner of the music. Or, there is also profit sharing.
Ok, soo....I am trying to wrap my brain around all this and thanks for all the info ! My question : can we mention a singer and song title without a pinch in the butt. So what if I used pop up photos with a screenshot with the above info ? Can I talk about them ? ( I feel like I am grasping straws trying to stay legal, lol )
Restaurants and Bars have copyright music cranked up way too loud in way too many cases that often make recording review videos really hard. Some of these places have paid the ASCAP, BMI or SESAC fee so it almost seems that since those establishments have paid for use in their businesses a video ABOUT such a business should be included under that license as they essentially paid for the music so getting a copyright claim for the music in that situation seems exactly like an artist that painted a picture that a restaurant purchased that is hanging in the restaurant could also file a copyright claim if their work is in the video but ALL these licenses have so many restrictions and limitations they are barely licenses to use much at all. There is also the issue that in a lot of cases people have also purchased the copyrighted songs so that purchase gives rights to privately play the music that you "own" for your own enjoyment but then you have no rights to publicly play it but people still do all the time. The musical artists definitely deserve their copyright protection but when music is obviously just part of the background that a video maker is filming about a place that should definitely fall under fair use. Musical artists should actually encourage this use as it spreads their work and can result in more sales of their music. It is usually pretty obvious if somebody is using copyrighted music as part of their video purposefully as opposed to the incidental music that the vast majority of bars and restaurants tend to always be blaring at very loud levels these days. Copyright lawyers and judges have really made a mess of this entire situation and it seems everybody loses except the lawyers and the corporations that employ them as the current laws just really don't seem to meld well with current reality and technology.
The UA-cam tool for "removing" copyrighted music also removes your speech from any portion that has the music playing in the background so that really infringes on the First Amendment so our First Amendment rights should be more important than a music copyright in any legal measure. The only solution we really have at the moment is to try and mute out all the video where we are not speaking and then put in UA-cam copyright free music in the background on another track to try and scramble the background copyright music by the mixing of the two soundtracks while at the same time keeping our voice audio understandable. It adds hours of editing to do all that usually so this has really made a situation that causes undue harm in many situations to our First Amendment rights in situations where we have zero control of the music. Essentially the government or anybody else could just start blaring copyrighted music everywhere and then none of us could really have any public area left we can speak in and record video and audio for so this sets a very dangerous framework that really does impact our free speech as it seems the majority of places these days have music BLARING all the time.
I have to deal with this issue a lot since I take videos of outdoor events. I especially get nervous when I’m taking videos of a parade. I’ll be getting content ID matches on some of them. I can use the feature to remove the copyrighted audio but sometimes it works and sometimes it doesn’t work. Same with contacting the claimant and explaining that it should be treated as fair use. Sometimes that’ll release the claim and other times they won’t.
On Facebook I create dark videos for my kids of me singing to songs I love. You can hear the music, but the voice is mine alone. I use it for teaching as I see FB as a means to journal from year to year for my kids, so when I am gone they would have my poems, songs, art and commentary to remember me by. Recently, videos of me singing (dark with no images) that were allowed or disputed and allowed are now under fire. A video of my son doing a gymnastic routine got flagged because of background music that I could not even make out. I feel targeted by FB as each day a new message is received that yet another video has been taken down. Is there any action I can take to stop this targeting?
Also in my MCU Phase 4 and 5 recap, am I breaking any laws having MCU logos/posters in my "B" roll when I talk about them (sorry for the low quality, I am still learning)?
Hi how are you I have questions do you have worry about copyright law once you post your content
Ian Corzine what if I download a recent played football match or NBA play and edit it is that okay// and with a time will my videos be monetized and ready to earn me ..........$
Hey Roy! Thanks for watching! You might get away with it for a while, but eventually, UA-cam will catch on, and you could end up with a copyright strike!
What if I'm filming a You Tube video while walking down the Las Vegas strip? There's music playing everywhere.
Hi Ian great video! I have a question about adobe rush a video editing software. It comes with royalty free music in the program. Does that mean I can use the soundtrack in my UA-cam videos? For example intro music or background music. My commentary in the videos is not related to the music. Thanks again awesome video!
Hey Binge. Thank you. Generally, the answer is yes. But I would advise going to the Rush website and reading the terms and conditions to make sure.
Thanks, awesome channel!
Could music that's found in UA-cam's music library eventually become copyrighted for whatever reason?
I'm currently overhauling my channel and I'll be using an intro song which I personally created and played on my own guitar, but the UA-cam algorithms make me feel like my own created music will be used against me in copyright infringement claims.--it's not unheard of as I've seen this happen to other channels.
Tell them you made ur own music and you owned it. You’re the owner.
isn't it 15 seconds or less?
There is no hard and fast rule. However the shorter the better. I have found through experience that between two and five seconds is best.
Recently I started having this great idea of filming myeslf walking the NYC streets..... let me tell you how many times I get copyright claimed....
actually.... too many to count....
These days, I would try to talk above the music, and then silence the audio between my phrases. That seems to butcher the song enough to avoid claims.
Yes brother is the same here in Lisbon where i record, music comes everywere, several shops , cars passing by grrr ! when i hear something i say MUSIC MUSIC MUSIC ! and this way when i edit i can guide myself and remove the sound ! Greetings !
What if you purchased it from a digtal media store or record store?
Are you still in violation even though you paid money for the album.....
Ian - Who would decide if the music, written words, etc., is "Incidental Use?" What if you're driving in your car and using a dash cam and capture the song playing on the radio? What is that considered?
Hey Howie! Thanks so much for watching 👊😀 Ha! Turn off the radio ... I have met so many UA-camrs who unintentionally have background music in their videos -- actually, it is totally legal and does not violate copyright law BUT YT's Content ID picks it up and puts a claim on it. I hope this answers your question.
@@iancorzine Ian - You're welcome. I enjoy all of your videos. Thanks for responding. How does the YT algorithm work? Has it been pre-programmed with the lyrics to many songs?
That is a good question. I'm not sure if it has been pre-programmed or if it has a library that it searches. I think it is one of the mysteries of the universe. Maybe I should do one of my videos on that. I'll have to think about it. 😁
what if you are playing GTA V online and some music happens to be blaring out of the speakers of a passer-by car? That isn't intended if you turned off your radio.
I like your content a lot but this video could have been cut down probably by 60 or 70%
Chris Whalen, CPA Hey Chris! Ok 👍🏻Note to self on that. 😊
Hi Ian first let me apologies for what I am about to ask if it is improper for me to do so.
My channel launches Monday 8pm UK time I would really apritiate if you could give it a quick once over and give me any feed back on what is wrong with it. I totally understand if this is infeasible. Please respond if you can and I will then and only then tell you the channel name.
Harpy Reads OK, I will check it out!
Awesome video. I am learning so much. Question about fair use Video/audio. If I am reviewing a movie and said something about the movie and used a movie clip to support my sayings, is that fair use? I have been hit with copyright for it and had to remove it. UA-cam gave me no way to fight it and say it was fair use. What am I doing wrong?
I have a several other videos that discuss Fair Use in depth. I am going to provide 2 links. Let me know if you have any other questions after watching those, AND you may want to search out some of my other videos to understand it even better. ua-cam.com/video/6_WWRJ71Hqo/v-deo.html AND ua-cam.com/video/6CKmEPddQBc/v-deo.html. Thanks for watching. 👊😁
Ian Corzine thanks. I have watched many of your videos. My questions still stands. Also it didn’t give me the option to “fight” it
I recently been copyright claim on my recent up load of my video. Before I did the video about my new Casio 76000 , I was going through You Tube audio down loading music free to use. Well the one was not even have a titles to the name of the music . It was " good old tape mountaineer version 34-799. I play the example than like it so I down loaded it. When I went to my video studio found that I had a copyright claim accusing me of making money and copy righting their music which . I do not have 100 views and only 8 subscriber. I am not making money on my video or making money off the artist music. You Tube creator do not down load music that has no title to it in the You Tube audio library . Chances are you will be strike with the copy right claim. I came across two of them recently on You Tube Audio . I avoid them in fear it will be another copyright infringement clain. I went on line looking for the " Good old tape mountaineer version 34- 799 " I could not find the song I was falsely accuse of. All I saw was product they were advertising. Can not find the music that was flag for copyright infringement.
Awesome though
Thanks Ramiz! I appreciate it!
@@iancorzine thank very much sir i receive an email someone is interest in my anime content though.
Make sure they are valid and not some scammer or hacker. Do not give them any money. Otherwise, congratulations. 😁😁🎉🎉
@@iancorzine why thank you sir but they were confuse for some reason im from the maddest sir and they ask me if this is a real thing i did though, but i dont know for sure to be honest though, but i feel something or someone is on to see what i get to offer though, and again thanks for the best advice though, Mr. Ian Corzine Sir with all deep due respect to you sir.
what about filming a video with the radio on in the background while in your car?
I look at all these tiktok youtube channels that have a lot of view counts and I wonder if with all that music in the vides, do they make money on their channel from ads in youtube? how is that?
Ian Corzine let's say I made a compilation of James Charle videos saying (here are best moments of James charle 2019) is that okay or copyrighted please direct me
As a quick answer, you will most likely receive at least 1 strike (maybe more). Since you do not own the rights to these videos, then you cannot share them on a public platform unless you have permission. Sorry. 😯
I mention the title and creator of the background music at the end of my vlogs and in the description every week and I am still having a difficult time trying to figure out why I am still getting copyrighted
It's very hard
Super informative but also misleading to put “hack” in the title. This doesn’t offer a solution for existing content that features copyrighted material apart from the tools UA-cam already offers 😕
How to use BGM without copyright claim please comment help me
@Ian Corzine I was under the impression that UA-cam being a company and the files being stored on company owned servers means it doesn't qualify for "Free Speech" in any definition of the term. We are all at the whim of UA-cams terms and conditions. As an example we have no right to free speech inside someone's private home, they can throw us out for any reason. We also have no right to force UA-cam to host our video files it doesn't like in the name of free speech. Can you comment on this idea or make a video about it? I seem to see a lot of toxic UA-camrs / commenters trying to use free speech as a defense these days.
It would be nice if UA-cam could let us know if there is coppywrited material in the video before it goes live I normally have things uploaded well ahead of time.
Wouldn't that be great!! That way we could correct the material before we suffer the consequences. But, that might be too much to ask. 🤣🤣
@@iancorzine in all honesty it would do a lot to curb the problem. Doing that would probably go along way to help UA-cam's relationship with creators. On the subject you should be able to let the content owner know that you are using things under fair use. That might help them weed out blatant offenders. Just a idea
I totally agree!! You should share your thoughts with YT!! 😁😁
@@iancorzine not sure how I can get that audience. Lol
For cc can you straight without editing post a previously created cc vid?
Yes! As long as you are 100% sure it is a CC video. Some videos marked on UA-cam with CC by license, would not really be Creative Commons. For example, there are channels that upload videos from CNN, Fox news, CBS and mark those videos with "Creative Commons attribution License (reuse allowed)". Just be sure. 😀
what if i played it in background
I got a hit for recording the neighborhood Karaoke while sitting at my dining room table and making a UA-cam video about it.
I think that I was a victim --- auditory trespassing. Watch my channel to see the video ... its very recent one.
For some reason I thought I responded to this comment last week. Anyhow, the problem here is that the music was intended for personal enjoyment (not necessarily yours 😬) but then it was recorded and posted onto a public platform which makes it a copyright problem as you did not have permission to use it. If you seriously have problems with noisy neighbors, you need to notify the police (and/or your Homeowner's Ass'n if that applies). It's no fun when you cannot peaceably enjoy your own home. I hope this makes sense. 👊😁
Am I not allowed to do a song cover on Facebook?
I would be very careful if I were you. Each platform has different algorithms that pick up on copyrighted material. More than likely you will get a strike but every once in a while it lets one or two slip through. It's hard to predict. I do have a video that discusses cover songs. Watch this and see if it answers your questions at all: ua-cam.com/video/VgCqPS5SoC8/v-deo.html
Could you get copyrighted for 5 seconds?
Yeah you actually could. Really any amount of use of copyright material could get you in trouble. That’s why I would advise you always use the principles of fair use. You can learn more about fair use by going to one of my many videos on it.
@@iancorzine thank you and left you a sub. Great videos
good tips but at the same time not good tips .