NO. All music must be original or have a signed music release by the composer/band leader. The easiest way to avoid copyright violations is to create 100% original content.
- Nobody has contacted me, so I must not be violating their copyright.
The fact of the matter is the internet is a huge place. Copyright can be difficult to detect depending on the power behind it, but that doesn’t mean it isn’t being violated. The longer you benefit from somebody else’s copyright, the harsher the penalty may be when you are discovered.
- My work is just a fan video, so I’m covered.
Maybe. This one is a little complicated. The type of use is very important, but not the only way to determine if copyright has been violated. This type of use would fall under fair use and the four points we mentioned earlier should be considered.
The only time you have a nearly full-proof chance to monetize these works is if it’s a parody. Comedy, and specifically criticism, is heavily protected by US laws.
- I didn’t enable ads on/monetize my video, so it’s automatically fair use.
That’s not going to work. The original copyright holder may still be able to force a takedown of your material, even when it is used completely within that law. There are a lot more factors at play in fair use than whether or not something is monetized. Not monetizing a work is a great first step to covering your behind, but it’s not the only thing to worry about. The nice thing is that you’ll generally be safe from a major lawsuit when using something properly within fair use guidelines.
- I didn’t see a copyright notice, so it must not have one.
Think again. In the US and most other major countries, everything created is copyrighted and protected immediately, with no action required by the creator. A notice may increase the strength of that copyright and the damages received in the case of a violation, but it is absolutely not required.
- I found it on the public internet, so it must be in the public domain.
Not at all. As a matter of fact chances are more likely it is copyrighted material. Postings to the internet are not automatically in the public domain and do not grant any permissions for use just by being there.
- I wrote a little disclaimer in my description box crediting the artist and claiming I had no intention to violate copyright laws so I’m safe.
Nope. Somewhere, someone started the idea that this would absolve you of your copyright sins, but the fact of the matter is, if you are violating copyright laws, saying you didn’t intend to violate them doesn’t absolve you and you may still be punished to the full extent of the law. When it doubt, leave it out!
Source: Using Copyrighted Music in Videos: When is it Legal? http://www.reelseo.com/copyrighted-music-in-video/#ixzz469k1MFY1
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