Music for personal use

[Gombessa]

I know this must be beaten to death, but I couldn't find a really clear answer in search.

Can anyone point me towards what the general practice is re. use of copyrighted music in not-for-profit, personal dive videos uploaded to video sharing sites? I've recently started adding music to my cheesy dive videos, and in an abundance of caution have stuck to royalty-free, no-charge music from freeplaymusic.com.

But, maybe I want to do something goofy like make a "movie trailer" video, and doing so with the generic action-trailer-orchestral music would be a blast. Or, maybe I'd like to use a song that fits well, but is clearly copyrighted. I understand the music industry policy position on copyright licensing and fair use, but with thousands of kids making mashups on Youtube, is the issue particularly relevant to rank amateurs such as myself, who post mainly for family and friends, and who get fewer than 20-200 views per video? Just trying to get the lay of the land here.

Thanks!

 

[nilsdiver]

You could start your own band.

 

[Gombessa]

I did have a one-man Wham! cover band, but I lost my wig when I moved

 

[diversteve]

Ask ronscuba. I think he just got a cease/desist e-mail from YouTube or Vimeo about using copyrighted music on one of his clips.

 

[beanojones]

You can but royalty free music a fair number of places.

iMovie tends to pack a bunch of it.

Here's a thought: Nine Inch Nails has released (and will release AFAICT) all of its music from now on under a Creative Commons license, which means you can use it in derivative works.

Maybe somthing from Ghosts I-IV can fit?

 

[BDSC]

When I started making my videos I wondered about the same thing. I ended up buying several albums/songs that I thought would go good with my videos and I use the music. One such album is by Sting called "The Living Sea". I have also used some "cool jazz" by Najee. I also used the theme music from the Indiana Jones series of movies. But I bought it all before I used it.

Also, my videos are just for myself and my friends who are in the videos. I haven't even posted them on any websites for other people to see. Just us. So while what I do may not be on the legal up and up, I don't have a problem with doing it. I look at it this way, had I not started doing underwater video, I would have never even bought the music I use. So the artist will benefit from me buying their music and I get to use it to make a nice video.

And I have even recommended the Sting album to others who have told me they bought it for their videos. Someone reading this may even buy the album. So all in all I think it works out nicely.

 

[C8X]

It's too bad common sense doesn't factor when it comes to DMCA, basically the video services have to show due diligence in preventing their users from broadcasting material that infringes on copyrights. So if they get a report from the copyright holder that your video has unlicense copyright material, they have to act and you have to remove it. I think you might be marginally safer using music from smaller independent labels, since they are less likely to be represented by a legion of lawyers out for blood. I buy music more often than not and this kind of use has definitely led to me making purchases. Just don't be fooled into thinking that your perception of harmless or even beneficial use of their copyright material protects you to any degree.

"copyright holders can demand the removal of their works from the Web if they have "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"

Fair-use only goes so far and I don't think it would cover using a full track for a high quality soundtrack. Don't rely on me for legal advice, especially if you are located in the US where DMCA can bite, but I think the worst that can happen is they'll ask you to remove the video and possibly threaten to close your account if you don't comply.

 

[Papa_Bear]

First it is stealing! Second try Digital Juice or use the old Classical Greats that have no copy rights! Unless you have written release from Sting you're in violation! Profit has nothing to do with it! There are also self composing programs that work!

 

[C8X]

Oh, and just to show that nobody is safe, I had to laugh when I saw this last year, it made me love youtube a bit more:
YouTube to McCain: You Made Your DMCA Bed, Lie in It | Threat Level from Wired.com

 

[BDSC]

First it is stealing! Second try Digital Juice or use the old Classical Greats that have no copy rights! Unless you have written release from Sting you're in violation! Profit has nothing to do with it! There are also self composing programs that work!

So how can I know which of the old Classical Greats are OK to use. What do you look for to know if some piece of music has copy rights. This is probably a dumb question but I honestly don't know. Do you look for some type of label or would it just say that it has copy rights?