- It is a pretty simple question.
Is it safe to upload cover songs to YouTube?
(stutters)
It's a complicated answer.
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As always school is in session.
Alright then, cover versions.
Can you use them on YouTube?
I'm going to a very quick answer here
and that is yes...if you are able to use
YouTube's built in tools.
Let's take a look.
Youtube.com/music_policies is the page you want to visit
and I'll include a direct link in the video description.
From this directory you can search the copy right rules
on thousands of songs
of the original version and whether or not you can
create a cover for it.
In this example, Arcade Fire are quite generous in
making their original song available to use in all
but two countries.
You are also allowed to perform a cover version
which will be viewable world wide and monitizable.
The revenue will be shared between you and the owners
of the copyright.
However, what you will find with most songs is that the
copyright owner doesn't want you to do anything
with their content.
Whether you use the original music or attempt to
create a cover version.
Ignoring these warnings will likely land you with at least
a copyright claim and usually a copyright strike.
So in those cases it's pretty much black and white.
Follow YouTube's copyright polices on the songs
and you should keep yourself out of trouble.
YouTube can automatically detect whether or not you're using
copyright music and they'll likely be able to do the same
even if you do a cover version, although it may take
a little longer.
But what about when YouTube doesn't have a song in their
copyright directory?
What do you need to do?
Well consider these six things before you start making a
cover version.
For every song or musical composition
there are two sets of copyrights.
One belongs to the songwriter of a song writing team
behind the melody of a composition.
The one that wrote the music and created the lyrics.
The second copyright protection is for the artist
and covers the recording and performance of that song.
As an example, Girls Just Want To Have Fun was iconically
performed by Cyndi Lauper in 1983.
But the song was originally written and first recorded by
Robert Hazard in 1979.
Now if this was a simple case of copyright ownership
in this instance Robert Hazard would have owned the
song writing composition copyright
licensed it to be sung by Cyndi Lauper
who would have owned a performance copyright.
In reality it's probably a lot more complicated
with publishers and record labels and producers involved
but you get the distinction between the two copyrights.
Basically, what that meant was
traditionally if you wanted to do a cover version
of somebody's song, you would seek their direct permission
to do that.
But YouTube and the internet is flipped
all of this on its head.
Don't get me wrong, the copyright rules still apply
but they were created in an age before you could go
onto the world wide web and grab something,
within minutes, and then publish it globally.
It's up to the platform's that provide these services
to catch you in the act and YouTube are pretty good at this.
Whenever this happens, copyright is being infringed upon.
And in the worst case scenarios if you did such a thing
you could end up in court having to defend yourself.
These two copyright laws
cover a multitude of infringement sins.
For example, adding lyrics over a background image
to a licensed song without permission
is a big no.
They can be claimed by the music publisher.
That's the entity that usually owns
a copyright to a composition.
The publisher protects the songwriter
that includes the use the music and lyrics on YouTube.
Modifying a song isn't going to give you any copyright
slack either.
If there is a recognizable melody
that is considered the master recording
and is a tangible asset and a copyright.
If you use these master clips even as snip-its
and try to mash them together
or play more musical instruments over the original
it's still classed as copyright infringement.
Also, even if you recreate a popular song from scratch
play all the musical instruments
include all your own vocals.
Well then that is the composition copyright that you
are potentially infringing upon.
So you're not covered for that either.
To give you some YouTube context
the copyright team at YouTube confirmed the following
actions by a creator can leave them vulnerable
to a copyright claim if the music and lyrics belong
to a rights holder.
In other words, they are not in the public domain.
Acapella versions.
Use of a master recording in a remix or mash-up.
Humming.
Reading lyrics aloud.
Adding lyrics to the published video.
Or a re-recording.
But wait, wait, wait I hear you cry.
What about fair use?
The problem is a lot of people interpret fair use
as their catch-all shield
against any copyright claims.
And it really isn't as simple as that.
I meant to be honest, this is copy right of Marvel
and I haven't asked Marvel for their permission to use
this in the video.
So, technically
I guess we could be in copyright infringement of them.
But, are Marvel going to take the time to make a claim
against us for this video?
You see where I'm coming from.
Now if you are absolutely insistent
that your content is fair use.
The argument will end up court
where a judge will use the following when considering
any claims.
The purpose and character of your use.
The nature of the copyrighted work.
The amount and substantiality of the portion taken.
And the effect of the use upon a potential market.
Let me give you another example, which reflects
my knowledge of fair use.
(whistles X-Files theme song)
A very iconic melody.
And I assume that the would be infringing
on the original composition, copyright of the
X-Files, theme tune.
But, in terms of fair use, I could argue
that that is used as an educational example
in this video, which is educating you
on the dangers of cover songs and copyrights.
Whether that would hold up in court, I'm not sure.
I would need to seek legal advice.
And you should do exactly the same
if you want to engage in this practice
for your channel in general.
The rest of the information in this video
comes from a YouTube source.
The creator insider YouTube team.
So do check out that original video
if you want any clarification on anything we've talked
about here.
But as I will stress again, none of this is legal advice.
Just general tips and tricks to make your
that your videos don't get hit with copyright strikes.
Thank you very much for watching and as usual
enjoy the rest of your video making day.