So You Want To License Some Music For That YouTube Video...
from the you-want-to-do-what-now-with-the-whotube? dept
Ray Beckermann points us to an opinion piece by Shelly Palmer, who is President of the National Academy of Television Arts & Sciences. Palmer's article is officially about why it's dumb for music publishers to join in the mad rush to sue Google/YouTube over not getting royalties for songs used in YouTube videos. However, he actually makes a point that goes well beyond the futility of suing, by showing how ridiculous the licensing process is today. Basically, there are numerous different rights that you need to secure, and each may require a different negotiation with a different party -- and almost no one makes it easy to figure out who you need to talk to about what. In other words, even if people did want to properly license the music playing in their background while making a home video of their toddler dancing, it's probably not even possible.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Agreed
So much for paying royalties.
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Re: Agreed
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Re:
I doubt if posting a video on the Internet, or selling a DVD as a fundraiser, would be "fair use" -- especially if the entire song is used. These involve public performance and money, as I understand "fair use" it does not really encompass either of these.
Licensing for small users is a huge mess, as is nearly all the IP legal thicket. If RIAA really wanted to help they would serve as a central clearinghouse for such things, and make it easy for end users to do the right thing.
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Re: Fair Use
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National Academy of Television Arts & Sciences
N.A.T.A.S.
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Re:
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Creative Commons
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...Even your mom.
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Re: ...Even your mom.
"Never wrestle with pigs. It gets you dirty, and the pig like it."
Author unknown.
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Licensing..
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Wait a sec.
Uuuuuuummmmmmmmmmmmmmmmmmmmm..................What am I missing here? That makes no since what so ever.
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Re: Wait a sec.
Sure it does. They make more money suing the common people than they do giving them a legitimate license to use.
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Re: Re: Wait a sec.
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Putting a video on youtube is the exact same thing as holding a concert where there is nothing but people lip synching, it costs nothing to get on stage and do your favorit song and nothing to attend but the person footing the bill for the concert (electricity, space) puts adds up all over the place and actually turns a profit off of this concert. That is not fair use by any stretch of the imagination, even if there were no adds and no bill you are still playing a recording of a song for a ton of people to hear without paying royalties.
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So...if I get up and sing karaoke I should have to pay a royalty for singing the song? As far as I know, all the bar does is pay for the DJ. There is no advertising that goes on, but I assume the bar is hoping for returned profits in drink sales.
Maybe if I were to tape myself singing karaoke and then put it on YouTube, but I still think this falls under fair use.
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Now look what you made me do
Back on topic, in my quick search I found lots of references that one needed to get a license for all sorts of things, but no where does it tell you *how*. I, for one, have no clue, still. It seems that if they made it easier to do, if might, ya know, happen. Seems like a scam to me. But I hate all things RIAA related,
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Re: Now look what you made me do
Oh well, I think if they had a nice easy way for people to pay for songs (like $1.00 to use once in a YouTube video), the recording industry would be surprised at how many people would be willing to do that.
Most people don't want to break the law, but sometimes it's hard trying to figure out how to not do that.
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First, bars (along with every commercial space that uses music, be it live or prerecorded) pay ASCAP and BMI a recurring fee for the right to use their licensed music. The performing rights organizations have people who go around checking on this sort of thing. That pays the songwriter for his or her work.
Second, the DJ (presumably) bought and paid for the CDs/DVDs he's using to provide the music for you to sing to. That money goes to pay the recording artists and producers and engineers and record labels and distributors who went to all the trouble to create that music for you to sing to.
Third, the original recording artist who made the song a hit in the first place so you'd want to sing it - well, I think they're actually SOL! But then you're not using their work - you're using the work of the songwriters and recording musicians and producers of that particular cover version of the song.
In some ways, the rights to use music are pretty simple and reasonable. For example, if I want my band to do a cover version of a song, all I have to do is pay a statutory royalty to the songwriter/publisher (I think it's something like 12 cents per song per unit sold, but I'd have to look it up and it's too much trouble to open another browser window and Google it, even though that would have been faster than typing this sentence ... ) ASCAP/BMI take care of all the rest re the songwriter.
In other ways, getting permission to use music in a film for example, is a bit more tortureous, in part because so many people have a creative and financial interest in the work - the songwriter, the performing artist, the recording musicians, the producer, the label, the distributor, etc. It can get convoluted.
But it comes back to the same basic question: why should you have any rights to use music I created however you want? If you want music on your YouTube video, either (a) pay me for mine, (b) make it yourself, or (c) hire a musician to make it for you. Don't see how that's all that complicated, folks!
(Okay, in light of the original article, I can see how it gets complicated if you want to pay me for mine, but that just means that whoever comes up with a simpler payment model will get your business, not that the complication somehow gives you a moral right to steal my work!)
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Here's an idea...
And then... when they start talking about blah blah blah you have to blah blah blah...just laugh... and point out all the stupid things we have pointed out here.
Then tell your friends to do the same thing.
Just like writing letters to government officials, phone calls can serve the same purpose to tell an organization how stupid they are.
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This is a big paradigm shift for rights holders -
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demo videos?
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royalties
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Karaoke on YouTube
Not all songs are available as karaoke and most of the available ones has crappy instruments so it would not be worth paying for the rights anyways.
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YouTube Robot allows you to search for videos using keywords or browse video by category, author, channel, language, tags, etc. When you find something noteworthy, you can preview the video right in YouTube Robot and then download it onto the hard disk drive. The speed, at which you will be downloading, is very high: up to 5 times faster than other software when you download a single file and up to 4 times faster when you download multiple files at a time.
Manual download is not the only option with YouTube Robot. You may as well schedule the download and conversion tasks to be executed automatically, even when you are not around. Downloading is followed by conversion to the format of your choice and uploading videos to a mobile device (if needed). For example, you can plug in iPod, select the video, go to bed, and when you wake up next morning, your iPod will be ready to play new YouTube videos.
Product page: http://www.youtuberobot.com
Direct download link: http://www.youtuberobot.com/download/utuberobot.exe
Company web-site: http://www.youtuberobot.com
E-mail: support@youtuberobot.com
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That's pretty stupid.
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Controlling the culture.
And that's how they want it. The goal isn't just to "get money", they goal is to CONTROL the culture, to PREVENT people from using things, to just turn people into dumb mindless consumers that do nothing but consume the material and use it in one way and one way ONLY. And finally they put the licensing fees and royalties up to silly amounts to clinch the matter.
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Licensing a DVD
I'm trying to license Elton John's Your Song... and really can't find any instructions anywhere.
The process is really messed up.
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Music Licensing Made Easy!
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