Whether you’re a YouTube content producer, or someone who likes to create videos to be distributed on social networking sites, there are some tips you must keep in mind. Failure to do so can jeopardize your ability to publish your own works in the future, and could lead to legal action.
Inside this article:
- Legally using music
- To license or not to license
- Watch your mouth
(More after the jump.)
So, you’re creating a video, and you’re probably going to show it to others, upload it to YouTube, or share it on another Web 2.0 site.
Legally using music
Of course it’s tempting to use catchy, annoying songs like Streamline in your video. Others may choose to insert music that they personally appreciate. Unfortunately, using a copyrighted work as a soundtrack for your video isn’t legal. (This is particularly true with modern pieces like Streamline and other hits, where the copyright is far from expired.)
Since I’m not a lawyer, I can’t tell you that a particular instance falls within fair use. The interpretation of the fair use concept is left up to the courts, but making and distributing a creative work that contains the copyrighted content of others without permission, licensing, or compensation is generally not a safe practice.
It’s best to err on the side of caution. Don’t include songs that you have no rights to re-use.
Additionally, a number of videos show people trying to play those same catchy, annoying songs on their respective instruments. Some have tried to do so by mimicking the real recording on a digital synthesizer (keyboard). Mimicking by means of ear and brain can’t possibly get you into legal trouble, but beware of the following: performing rights. Even if you own sheet music to a certain piece, not all such sheet music grants you permission to perform the music in public. If a business uses such music in any broadcast medium, they must compensate the original creators of the music for their public performance. (This does not necessarily apply to older music from before the 1900’s; the copyright on most classical works have long expired.)
It’s not entirely clear whether the Internet and sites like YouTube would be classified as broadcast media, and it’s also unclear whether any video producer in particular could be considered a business.
The best way to protect yourself and legally use music is to use music intended for these purposes. You don’t always have to pay for such audio, but sites like Incompetech (by Kevin Macleod) have a collection of Creative Commons-licensed music that you’re allowed to include in videos and other productions. Built-in loops and tracks in programs like iMovie and Garageband are obviously suitable for such uses.
The conclusion in this matter: catchy, annoying songs can get you sued. (Especially if you’re living in the United States.)
To license or not to license
An important thing to remember, particularly if you’re using sites like Blip.tv where you can specify the legal permissions for the use of your content, is that others might appreciate your work so much, they could decide to remix your work or redistribute your content. It’s not always the case that you get a choice, though; on YouTube, you are forced to grant them lax rights to your content, and you must allow them to allow others similar rights.
This is one of the reasons that publishing to YouTube is really only good for publicity and reach.
Can you imagine, giving away a “worldwide… royalty-free, sublicenseable and transferable license” to “use, reproduce, distribute, prepare derivative works of, display, and perform” your content, and allowing users of YouTube a license to “use, reproduce, distribute, display and perform“?
This is what you are doing, every time you publish something to YouTube. (It’s another reason that you can’t publish someone else’s work onto YouTube, because you have no authority to grant these rights.)
Anyhow, the choice of “to license or not to license” is taken away from you. This is the case with almost every video sharing site, including Blip.tv.
However, on sites like Blip.tv, you get to choose what others (end users, the audience) can do with your content, in the form of a Creative Commons license or reserving all rights by denying a license. That means that everyone won’t be getting a free license to do whatever they want with your content.
Of course, granting a license is always good; it reduces the number of copyright infringement lawsuits, and promotes the concept of sharing. If you want people to see your work (whether it’s in your own video or as a part of someone else’s), granting a license is a good idea. Besides, the attribution requirement of many Creative Commons licenses will help promote you and your videos!
The conclusion here: you’re giving away a lot of rights, but it’s possible to restrict or allow certain actions by the audience through a license.
Watch your mouth
Interpret this statement literally, or choose to interpret it less seriously. Everything you do is being watched (literally so when it’s an online video).
Defamation, violation of privacy, hate speech, and other acts which offend any given group can get you into trouble. All of these things are violations (some unforgivable) of policies such as the YouTube Community Guidelines. In other words:
- don’t defame & don’t spread libel/slander — this means that you shouldn’t give false or misleading information that leads to a negative understanding of anything; the example “Windows Vista doesn’t work on 99% of computers” could be considered defamation. You can get sued!
- don’t violate anyone’s privacy — this means, no stalking or harassment, and definitely don’t share the personal information of others without their permission; for instance, a video showing a neighbour using the toilet in his/her home, recorded and published without their permission, violates their privacy.
- don’t spread hate speech — any words or actions which are intended to demean a particular group (eg. race, religion, gender, age, sexual orientation), in which case offensive material is distributed for the purpose of attacking that group, is hate speech. YouTube and most other video sites will remove hate-focused material, as hate speech is specifically excluded from “free speech”. For instance, the numerous anti-Scientology videos can be considered hate speech.
- don’t offend others — it’s okay to have unpopular views, and that’s a protected right. But your rights shouldn’t infringe upon others’. Thus, a video opposing Tibet separatism by showing the attacks on an athlete carrying the Olympic torch through Paris (yes, very specific) could offend the large number of Tibetan emigrants who did not take part in the violence. Such a video isn’t necessarily hate speech, but can offend a large group.
In any case, the content in your videos is of the greatest importance. No matter how well you edit your video or apply special effects… no matter how you used music… if you violate any of these principles, you can get into a lot of trouble. Legal trouble.
If your video is primarily intended to be humorous, understand that not everyone shares the same sense of humour. What you and your friends/acquaintances/family members find interesting or funny might not be the same as the Chinese people that make up one-fifth of the world’s population. (To give another specific example.) It might not be hate speech, but it can still be offensive.
In conclusion for this section: be very careful in terms of what you say or do in the body of your video. Particularly, understand that your rights don’t allow you to infringe on the rights of others.
Conclusion
Keep in mind the above three tips, and I can almost guarantee you that your video will be legal and trouble-free.
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