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Am I Breaking Copyright?

Discussion in 'Studio Lounge' started by ClarkJaman, Jan 20, 2013.

  1. ClarkJaman

    ClarkJaman Active Member

    Hey guys, :)

    I posted this video on youtube a few months ago, and the Google machine automatically identified it as copyrighted material before it even got one view, since it uses the backing track from the original Tao Cruz "Dynamite" recording (or at least it sounds like it's the original to my ears). However, I didn't use any of the lyrics from the song. I disputed the automatically registered copyright claims one after another, on the grounds that it is a parody, not a cover. I won every copyright claim, but I still don't know if I am breaking copyright... lol. I'm not sure if the Google employees who approved my copyright dispute realize that this is the actual Dynamite recording, just without the vocals. I know youtube has an agreement with Island Records to allow their content on Youtube, so it's not illegal to post this video on Youtube, but I am wondering if I should try and monetize this video now (I am a youtube partner). I am worried that if I am denied monetization privileges they will remove the video from youtube. Does this make sense?

    Here is the video:
    John Paul II Singing Dynamite (Autotune the Clergy Ep 1) - YouTube
     
  2. audiokid

    audiokid Staff

    Clark, roll with this! See what happens. The powers to be will either remove it or keep it. Its your victory either way my victorious friend. WHY? You got some attention!
     
  3. audiokid

    audiokid Staff

    Check this out:
    Barack Obama Singing Call Me Maybe by Carly Rae Jepsen - YouTube
     
  4. ClarkJaman

    ClarkJaman Active Member

    Haha yeah I've seen that video audiokid. This autotune type stuff is hilarious. I love it.

    I guess I am looking for some technical advice from someone who knows the ins and outs of copyright etc, because I have to write up a paragraph for youtube explaining how I should legally be able to monetize this video. I already tried once, balls out, and they got back to me and said I didn't provide enough information. I obviously don't know the legal terms, implications and fine print BS well enough for them. :/
     
  5. audiokid

    audiokid Staff

    Show them the Obama video, case closed. Keep it simple.
     
  6. ClarkJaman

    ClarkJaman Active Member

    Haha just watched it again. So cool. This new media stuff is awesome.

    The only problem is that for all I know, youtube denied the Obama video monetization as well. The revenue from the ads on the video could be going to Carly Rae Jepson's record label. Plus, it sounds like the creator of that video used a karaoke track for his video, not the actual studio recording. So even if it is monetized, mine isn't under the same rules. :/
     
  7. dvdhawk

    dvdhawk Well-Known Member

    We've had actual attorneys around here / never one around when you need one.... I am not one, so take this for what it's worth:

    I'm sure the bots recognize the song content just like a smart phone that can tell you the name of the song playing in the grocery store within a couple seconds. Amazing technology, but it's probably what is getting you flagged.

    From what I gather from your posts, you've bypassed the bots and got a human response from YouTube - hang in there.

    Under ordinary circumstances, a parody should fall under "Fair Use", but it's a fine line. I'd consider the Center for Social Media "Code of Best Practices" to be the definitive source for good legal info on your exact situation. Read the "Common Fair Use Myths" below too.

    Also their, Recut, Reframe, Recycle video which is relevant to your question. (enjoy the "Baby Got Book" video linked below - which also appears on have been on YouTube for years without being yanked)

    Like audiokid said, keep after them - you should be OK.



    That said, I'm all for the original creator being compensated for their work too, so worst case scenario if your Fair Use claim gets shot down - contact the song publisher and see if you can work out a deal. Without their creation, your creative work wouldn't exist (at least not in this form).
     
  8. ClarkJaman

    ClarkJaman Active Member

    Thanks Dvdhawk! Those two links were exactly what I was looking for. I submitted a new appeal to google, something along these lines:

    The material is being substantially re-purposed and presented to a different audience than which Dynamite was intended for. This is a new work using old cultural material, and follows the best practices in fair use for online video, a document which Google itself helped to fund. The old content is proportional to the new content which I have added, and that new content is transformative and original. Additionally, I have given credit to the original publishers in the video description.
     
  9. dvdhawk

    dvdhawk Well-Known Member

    Sounds like the right approach to me. Good luck!
     
  10. ClarkJaman

    ClarkJaman Active Member

    I'll let you know how it turns out. :) Thanks again.
     
  11. RemyRAD

    RemyRAD Well-Known Member

    I had an interesting similar intervention by YouTube/Google. I had made two albums for this band when they asked me to cover a special event. Jeffrey " SKUNK " Baxter, former lead guitarist for the Doobie Brothers and Steely Dan, was going to sit in with them. So not only did I do the sound, I scooped the news for NBC television. Not only did I scoop this news and shot it, I was actually doing the live audio for NBC 4 the following evening when it aired. I put it on YouTube and clicked on monetize. They would not allow it because they said it was already copyrighted material. But I shot it for NBC-TV and it was my sound and my picture and my sound. They still would not allow it even though I e-mailed them telling them this air check was my property, completely produced by me. But no monetization was allowed. The video was not removed but I can't monetize it and it's my stuff. So I don't know what flew if up their behind's? I mean who and what do they think they are protecting? I got my nose bent out of shape over that one not that I ever actually believed I would make any money? It's just their blatant accusation that they believe this is copyrighted by someone else. Yeah, NBC-TV because I shot it for NBC-TV on my own time. And it wasn't like a commercial sales promotion or anything. It wasn't even a complete song.

    Now I come to copyrights and parodies, it's still considered a violation of copyright. However, most parodied musical hits never sue for damages, largely because, they would be considered not to have any sense of humor. And as a result, parodies are rarely ever brought to trial. And simply because, generally you are not trying to identically copy the original product except in fun, of course, even if you can make millions of dollars from it. Weird Al Yankovic comes to mind LOL. So I wouldn't worry about it if I was you but I'm not you. I also did a parody, in 1983, of Michael Jackson's, " Rock With You ". I took Michael off of the record (before anybody in the United States knew what the word karaoke even meant). And not with some terrible vocal eliminator you find most software today. And I was impersonating/imitating Michael Jackson. I gave it to the program director of the then #1 station I was working for in Washington DC. He already knew I was a smart ass and the Joker. I told him I recorded this off of the NBC radio network of Michael Jackson Live... on a bad day. Being a good program director, he scanned through the song, rewound the tape and handed it to the engineer to put on the air. Complete with my expletive of the F word, when in the middle of the take, I screwed up. Well he didn't hear that when he scanned through the tape. It sounded like Michael Jackson and so he announced that this was Michael Jackson Live... on a bad day. We could have been sued for like 3-$7 million because he didn't say it was a celebrity impersonation. And because that F, word, was used regularly in the African American vernacular, no one even called in about that expletive F, word of the over 175,000 people that heard it, LMAO. My program director was not happy when I found out a couple of days later that he played it on the air! He didn't realize it was actually me. Whoops.

    He thought I sounded like Michael
    Mx. Remy Ann David
     

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