A few years ago I created a video which I posted on Youtube that included most of a popular song. Shortly after uploading, I got a notice from Youtube that the video potentially contained content owned by someone else and was not available everywhere. They removed the audio from the video, but informed me that the full video was available in a few obscure countries like Azerbaijan.
That started me down a rabbit hole of looking into what is legal and not legal with respect to Copyright. As far as I can tell. Nothing is legal.
"Nothing is true. Everything is permitted." Assassin's Creed
Since then, the situation seems to have improved somewhat? I've had "Content ID Notices" from Youtube and they throw adds on the videos. This seems fair enough, but despite hours spent reading what I can on Copyright law, understanding the legalities is impossible, pointless.
To be fair, Youtube has done a good job of creating several tools. The words between the lines still leaves some ambiguity. I'm not sure how to interpret, "If you're comfortable with a third-party claim on your video, no action is necessary on your part."
The US Copyright Office has a publication that tries to help. I wonder if this document is copyrighted?
Wikipedia gives a summation of the history of copyright (and everything on Wikipedia is true).
If I had to guess, it goes back farther than this.
I may not be able to use the above image. BUT!!!!!!!!!! Maybe I can. Since I am using the above image to make an educational point about the further complicated legalities and humor involved with a cartoon of a stone age man and a copyright symbol, the use of the cartoon likely falls under that of Fair Use.
And quoting from the US Copyright Office, "The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined."
What I find most amazing about this situation are the automated tools for identifying potentially copyrighted content within seconds of posting. According to Youtube, Content ID scans over 400 years of video every day. That...is amazing.
Basically, Youtube has created an automated version of the long-running TV game show Name That Tune and maybe even the never-created TV show Name that video.
Yet even more amazing is that record labels have the time to worry about this. Scratch that, they don't. Youtube has over 6 billion hours of video which equates to 684,000 years. They just have to threaten Youtube and Google creates these amazing tools to scan, block, monetize, mute, etc.
The lunacy of worrying about some dork's personal video using a song in the background removes credibility from the whole situation. In the several years I've had stuff on Youtube, my total viewership equates to less than 500 views; of videos which potentially may contain copyright material, it is far less than half of that. An untold number are likely automated hits and not real views.
The situation is even more complicated than Youtube though. From what I've been able to decipher, using a popular song in a work presentation could be prohibited. Using a karaoke version might not. Creating a photo montage for use in my living room might be allowed. Including a popular song in a photo montage at a wedding reception could be prohibited. Coincidentally playing a song while showing pictures on a video screen at a wedding would probably not be. Posting a video of this coincidence online could potentially be prohibited.
And so, we are where we are. It would be nice to be able to pay a nominal amount to legally use an obscure artist's creative work but the process to do so is ridiculous for the common dork; the cost a complete black box. I guess Youtube has done us a favor by creating the legal limbo of monetizing videos. Please click on the ads.
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