How not to infringe copyright on music and videos on YouTube
Why can YouTube channels be blocked and videos can be deleted? Why does it say that the material has been removed at the request of the copyright owner? Let’s find out how not to violate copyrights by uploading your videos and using third-party content.
What is copyright and what is not
To avoid getting blocked because of the content you’re posting, keep in mind that YouTube considers
Any audio and video materials that have already been posted at some point or have gone through the process of obtaining copyright documentation for them;
handwritten materials, such as books or articles, lectures or notes that have also been published elsewhere;
posted recordings of theatrical productions, concerts;
Paintings, promotional posters, posters and similar graphic or pictorial products that are posted as part of the videos being created.
Fair Citation. How to use it without violating copyright
However, there are situations when it is legitimate to use fragments of other people’s works, including not only musical works, but also audiovisual works (i.e. films, fragments of news broadcasts).
On the basis of the provisions of this article the concept of “fair quotation” is formed, although there is no such term in the text of this norm, and it was formed on the basis of law enforcement practice.
By citing in good faith is understood the use of fragments of other people’s works of audiovisual and visual type, which will not violate copyrights. In particular, the use may be of the following nature:
The use of the material taken is solely from a non-commercial point of view. This means that the owner of the channel is not using these materials in order to get money for their placement and viewings. Accordingly, the person who created the original work does not lose his funds, both real and potential (i.e. profit from the use of his work);
The use of other people’s materials only to reflect accurate information, including from a factual point of view – for example, to reflect the actual situation on a particular issue, but taking into account the author’s own opinion of the created video;
How important the used fragment of an audio or audiovisual work is for the main created content. So, for example, if it is a small fragment, which does not reflect in its use the main idea of the created video, but only complements it, no claims to the use will not be. But if even at the expense of a minimal fragment of someone else’s work the main idea of the newly created video will be presented, then the copyright of the person who created the original fragment will clearly be considered to be infringed. Similarly, when it comes to the duration of the fragments used – if we are talking about a fragment of up to 30 seconds, then the use of such a video will not be considered an infringement of copyright.
Use of movie trailers
The use of movie trailers is allowed as long as it does not violate the rules of fair citation and does not cause even a potential loss to the copyright holders of the original content.
Opportunities to use small clippings from feature and documentary films and news
The same rule applies to clippings from feature and documentary films, as well as excerpts from news programs – they must comply with the rules of fair quotation, as well as not violate the rules of YouTube, as an Internet site that distributes various materials, including for entertainment purposes.
Using other people’s music
To make life a little easier for its authors, this online system has created a free library from which you can take music for subsequent use in the edited video. YouTube will not consider these works as copyright infringement.
How many years does the law protect an author’s rights to his or her works?
The following rule should be considered here: copyright protection of a work lasts for the lifetime of the author of such a work (e.g., a song), as well as 70 years after the author’s death. However, if the author’s relatives assert their rights, the validity of the copyright within the framework of receiving an inheritance from the author of a work will last in order.
Can you use in your videos fragments of films shot in the 50s and 70s of the twentieth century?
With regard to films that were made in the 50s and 70s of the last century, certain rules of usage also apply, and they are based on the principles of fair citation. So if we’re talking about foreign films made before 1972, you can use them to create your own content without using the principles of fair citation. But if you are talking about films that were made in the Soviet Union during that period of time or abroad, but after 1972, then you have to use them very carefully.
The indication of the year 1972 is connected with the fact that in this very year the USSR joined the Universal Copyright Convention (signed in Bern in 1952) and took upon itself the obligation to protect the rights of authors of various works, including those created not by one person but in co-authorship with other persons.
When using excerpts from old feature films, one should remember: if they were co-created, then 70 years after the death of the persons who made the film count after January 1 of the year that follows the year of death of the last of the co-creators.
Thus, if a film was made in the 1960s abroad, and any of the actors, directors, or assistants of that film are still alive, it cannot be used, as such a person can apply for protection of his or her copyrights to that film. If, however, none of the persons who can be recognized as co-authors of the film (actors, directors, assistants and other persons named in the subtitle of the film, etc.) are alive, the film can be used. If the film was made after 1972, even abroad, the principles of copyright compliance must be taken into account.
Copyright jurisprudence on the posting of videos on YouTube
Copyrights are protected in a variety of ways on YouTube, and that includes litigation. Protection can be afforded to videos that are edited using someone else’s or copyrighted content.
Can I use 10 seconds of a copyrighted song on YouTube?
Yes, you can use 10 seconds of a copyrighted song on YouTube, but you need to get permission from the copyright owner.