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Posting a youtube video

thumper18474

Well-known member
Ok
So I was wondering about all these videos I see on youtube with the content from a video that someone has made but has put it to music.
Whats the legal side of this?
Does the poster of the video have to ask for the artists/songwriters permission to use it?
Does the poster need to pay a fee?..royalties?
Anyone know how this works????

Thx

T.
 

glamphotographer

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Nov 5, 2011
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Depends on the music used, some music is royalty free. there are websites that you can get royalty free music or pay a monthly subscription.
 

poker

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Some music is royalty free, as explained in the post above.

Some people just use the music, and try to claim "fair use". However, if a copyright holder discovers it, he/she can have the video taken down. It is possible to go after damages in court. However, that can be expensive, so it's more likely someone using music without permission will get a Cease and Desist request.
 

onomatopoeia

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In rare cases, a YouTube video is removed a long time after the upload, as a result of a copyright claim. Much more frequently, Youtube blocks a video the moment the upload is complete, based on a pre-existing copyright claim. These videos remain on the member's channel, and can be viewed by that person when logged in to YouTube, but the videos don't appear in search results, and a link to the file can't be accessed by someone not logged in to the account. Here's an example:

This is what I see:

hare ribbin-1.png

This is what you see:


But I see the video frame in the forum, because I'm signed in to the account.

hrdc1.png

I think you can upload any video to YouTube if you designate the video as Private.

In some cases, the copyright holder blocks the audio for the file, but the muted image can be seen by anyone:

deecdddfcd1.png

This clip had sound when it was uploaded, but the audio was removed by YouTube after more than 100 people had seen it.

A YouTube channel can be revoked for repeated copyright violations. What's really heavily penalized is if you download a video from YouTube, then re-upload the file. This applies even if the video was removed from YouTube by the original uploader - this happened to me with a cartoon. This counts as a copyright strike, and you lose your account if you get three of them.

You can't upload audio only files to YouTube. When somebody wants to post a song by someone on YouTube, they have to merge it with a still image, slide show or video of their own, and save that composite file as a video file type.
 
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onomatopoeia

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Here's a video I just posted on my YouTube channel:


It's funny, but the video quality is poor. It was originally an .mov, (Apple Quicktime Video), that steamed in a very small window on a site that existed before YouTube. YouTube was founded in February, 2005; I acquired this video in July, 2004. In 2004, a lot of people still had dial-up 56K Internet connections, including all of the old ladies with Windows '95 computers who called the Internet 'my AOL'. With a 56K connection, it would often take 20 minutes or more to view a poor quality short video clip in its entirety, as the entire file had to first be fully downloaded to one's computer, in a hidden folder named Temporary Internet Files. If you wanted to watch the video again, it didn't take 20 minutes, you would be seeing the saved copy in the Temporary Internet Files folder. This procedure was eliminated from Windows after Internet Explorer 5.

I kept using IE5 for a couple of years after IE6 and other browsers came out, even though I had Cable Internet at the time, specifically because of this feature. Most of the streaming videos on websites were either in archaic video file types like .mov, .asf, .wmv, or .flv. .mov files could be made with fairly high quality, but the files would be large. .asf, (advanced systems format), was a crappy Microsoft video file type first introduced in 1996. .wmv was Windows Media Video, the format created by video capture using the Windows Movie Maker that was introduced with Windows XP. .flv is Flash Video, introduced in 2003. Videos watched in the early days of YouTube were in .flv file type.

You couldn't open files that were in the Temporary Internet Files folder directly, but you could copy them to a permanent folder, rename them, (they tended to all have the same name, like '01.mov', associated with different web pages). For any streaming videos that I wanted to keep, I just copied the files from the Temporary Internet Files folder, and saved them somewhere else.

With this new upload, these are the hoops I had to jump through:

1) I first had to confirm that the video is NOT for kids, but does not require an age restriction.

2) I had three publishing options. If I had designated the video as Private, it could be any content at all, probably including copyrighted content or porn, but only someone logged in to my channel/ account would be able to see it. If I had designated the video as Unlisted, it could be viewed by anyone who knows the url of the video, and could be inserted into a forum link, but it would not appear in any YouTube search results. I designated the file as Public, so it can be seen by anyone except kids, and it appears in YouTube search results. I never add tags to video uploads to my YouTube channel, because the total number of page views doesn't matter to me. If I didn't create the content, lots of page views can generate ad income, but I won't see any of it. YouTube videos that have less than a minimum number of page views are not preceded by an ad, and this is what I want.

Within seconds of the video uploading completely, I was informed that there IS a copyright claim, but the copyright holder will not block the video. This means that the content does not already exist in a superior quality on YouTube, but if there are sufficient page views, an ad will precede the video, and proceeds from that ad will go to the copyright holder.

Often the copyright holder will not make any effort to block a YouTube video, if the content is something which would not generate income for them, such as an old TV commercial or a music video that the artist does not have on their own channel.

For many years, there were no Saturday Night Live clips on YouTube, because SNL had an exclusive deal with iTunes. Now SNL has their own YouTube channel with selected clips, but they don't block videos from foreign markets that have hard coded subtitles.

I can experiment if the TERB Conversations engine allows me to have a conversation with myself. I'd just try different html tags or experimental links to a specific video, sign out of the account, then look to see if the video thumbnail image appears in the conversation post. I had a way to do this that worked years ago; it involved copying the url of the video two times consecutively, but YouTube made coding changes to thwart that. I might still figure out a way to do this that they haven't already considered. If I'm successful, I'll tell you folks how to do it.

I'm still trying to find a way to post forum links to videos on my channel that are not Private, but blocked from public view.
 

xix

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I found this a month ago. I think the last 10 minutes he explains the 1977 video law - close to loophole. What you seek.
But if you really want to good history of money fraud watch the whole thing, Sorry copyright.

 
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onomatopoeia

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I found this a month ago. I think the last 10 minutes he explains the 1977 video law - close to loophole. What you seek.
But if you really want to good history of money fraud watch the whole thing, Sorry copyright.
[/QUO

Thanks, I only have one video on my YouTube channel where I am the creator, an animated gif saved as .avi video.

I have one video that was briefly blocked, then unblocked, (Southside Johnny & The Asbury Jukes - Walk Away Renee), but it is very popular, generates lots of positive comments, and SSJ's reps have posted news about gigs in the comments.

One cartoon, (Your name in Cellulite), was removed outright after being online for several years.

Several adult oriented cartoons are now blocked from non-adults after someone complained. I can't post links to those in a forum. Someone must be signed in to YouTube to see them, and they have to confirm that they want to see it.

St Elsewhere - Luther's ZZ Top dream, a TV clip, has the audio from the song Legs. For several years, the audio track was blocked, but that was rescinded sometime in the last three years.

Most of what's on my channel is TV commercials, movie trailers, music videos, cartoons, and miscellaneous short subjects. I don't upload anything really rare to YouTube, because I believe that Google, which has owned YouTube since 2006, is saving copies of any good video uploaded and blocked. Sometime in the future, those copyrights will expire, then Google will copyright those videos themselves. If the content is something that they don't want people to see, those videos will be blocked forever. If it's something with commercial value, the videos will either generate ad income for Google, or viewers will have to pay to see it. I see a day in the not too distant future when YouTube will no longer be free, it will have a subscription fee, like Netflix.

My channel caters to those who subscribe to it, (about 470 people), people searching for something specific, and willing to scroll through multiple pages looking, and people reading message boards where I post a link. Lots of views draws scrutiny. I've never received any ad revenue.

Here's a link to my YouTube channel, for anyone interested.

Currently I'm uploading a lot of video to 4shared dot com, an online storage site. It allows people who know the link to an online file to listen to .mp3 audio tracks or view videos, with the additional option of being able to download the 'hard copy' file. 4shared has really lax copyright enforcement; I think it's based entirely on file names. I've uploaded a lot of video content that would be removed immediately from YouTube, but it flies under the radar on 4shared because I abbreviate the file names to make the content impossible to find by someone searching for it. The entire purpose of these uploads is to post links to them in message boards or e-mails. They're in free accounts, and the content is automatically purged after six months, but I can make a free 15 GB account anytime, just by using a different e-mail address. I have about 20 e-mail addresses on outlook or hotmail that were only used for receiving the account confirmation e-mail from 4shared.

I'm a big time digital video collector, with close to 10 Terabytes of files. Readers on TERB will have the opportunity to view, listen to, or download some of the best of my collection in very soon. I've already posted a few links in private conversations and in a few threads, including some very recent posts in the Rock n Roll thread in The Lounge. I'll also be taking video requests very soon - people here who want to see something specific, especially old TV shows, cartoons, movies or music videos, can probably have their requests filled by me. If I don't already have it in my personal collection, I probably know someone who does, or where I could obtain it.
 

xix

Time Zone Traveller
Jul 27, 2002
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Wow you got old video that even SD looked better.

What ever your goal is good luck with it.
 
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