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> Putting Up A Cover/arrangement, Legal rights
ElHombre
post Dec 29 2014, 03:50 PM
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Hello

Hope Christmas went well for you all.
I have a question since Im about to post a cover of a song.

Its sort of an arrangement, its not really a "cover" since I re-instrumented the whole song, basically turning a main stream song
into a metal song, but with the original track in the background, where only vocals are audible.

Ive seen this done many times, but maybe I will upset the original creator of the song (I dont think so)
but lets say the girl who made this pop song got fourious someone made one of her tunes into a
full fledged metal tune.

Does that give her the right to take down my cover from Youtube somehow?
It would be a shame since It was a lot of work and I hope to get a lot of views.

Is there anything I can write in the title or in the description
Like a "claim" that Its an arrangement and I dont own the music and so on?


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Kristofer Dahl
post Dec 29 2014, 03:56 PM
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If you used her song (chords/melody) she can take your video down if she wants to. Now usually I don't really think this happens since a bad cover does not really do anyone harm and a good one (with views) should be good publicity.

There is nothing you can do to protect yourself against this, except for getting written permission from the copyrights holder (good luck...)

What you could do is link to online stores where the music can be purchased from the youtube video description, as an attempt to buy some 'goodwill'.


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klasaine
post Dec 29 2014, 06:01 PM
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QUOTE (Kristofer Dahl @ Dec 29 2014, 07:56 AM) *
There is nothing you can do to protect yourself against this, except for getting written permission from the copyrights holder (good luck...)


laugh.gif You got that backwards. It's her protecting herself with the ability (or her publishing co.?) to take your version down. Now, is she gonna do it? Probably not.
If the melody (and harmony) is close and the lyrics are the same, technically, you are in copyright violation. Anyone is allowed to publish (attach to media - record, video, perform publicly, etc.) a 'cover' without permission but you (or your publisher or the venue owner or the feed owner or the record co, etc.) are required to pay a mechanical licensing fee.
http://en.wikipedia.org/wiki/Harry_Fox_Agency
https://www.harryfox.com/


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Chris S.
post Dec 29 2014, 06:25 PM
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Covers are generally ok, it's the lyric videos that usually get taken down the most I feel.

I had a lyric video for Five Finger Death Punch - The Bleeding

After about a year I got an email saying that it's ok to keep it up but there will now be an advertisement to buy the song - 6 years and 2 million views later they pulled it down tongue.gif

If anything I thought I was doing some good advertising for them rolleyes.gif

But in the end I understand why it happened and I don't disagree with it.


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klasaine
post Dec 29 2014, 08:46 PM
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One of the things that most people don't understand about copyright, patent or name licensing protection is that if you are the creator of record and don't at least attempt to protect your property (physical or intellectual) then you will be left open to any and all types of infringement with no recourse. A court interprets that as the creator not being concerned about their creation/property. This is why established companies are constantly suing those who copy, infringe upon or pirate their stuff. It's not because they think they'll necessarily win or re-coup alleged lost monies. They're establishing their claim to the brand.


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Kristofer Dahl
post Dec 29 2014, 09:14 PM
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QUOTE (klasaine @ Dec 29 2014, 06:01 PM) *
laugh.gif You got that backwards. It's her protecting herself with the ability (or her publishing co.?) to take your version down.

laugh.gif Nah I don't think so. Elhombre is just recording a cover for fun (if I got him right), just like she (the artist in question) probably has done 1000 of times when starting out, without getting any claims. The only difference is a new medium called the Internet - which many copyright holders don't seem to know how to deal with.


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ElHombre
post Dec 29 2014, 11:27 PM
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Hmm I didnt get this 100 %. What is a lyric video? a video with rolling text?

If we put it like this instead: what can I do to have maximum safety of not having the video removed?

Its basically a re-instrumentation of an original song:
https://www.youtube.com/watch?v=9fIpK2hicGE

heres one example of what Im going to do


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Socky42
post Dec 29 2014, 11:43 PM
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QUOTE (ElHombre @ Dec 29 2014, 10:27 PM) *
Its basically a re-instrumentation of an original song:
https://www.youtube.com/watch?v=9fIpK2hicGE

heres one example of what Im going to do


Yeah, that'll be fine.

edit: Totally didn't read it properly laugh.gif klasaine is right, whoever owns the rights can take it down. Will it happen? Probably not.



This post has been edited by Socky42: Dec 30 2014, 01:07 AM


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klasaine
post Dec 30 2014, 12:54 AM
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QUOTE (ElHombre @ Dec 29 2014, 02:27 PM) *
If we put it like this instead: what can I do to have maximum safety of not having the video removed?


Other than legally licensing it, there's no 'maximum' safety. It's not your song.
Having said that I seriously doubt anyone's going to take it down.

And just so it's clear ... I personally don't care or have any skin in the game regarding this particular song or copyright but the question was asked. How does it work? Does the creator have the right to take down an unlicensed cover version? I know how it works and the answer is absolutely 'yes', she does have the right to take down the song. I also am keenly aware of how the internet works and that she probably wouldn't take it down.


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ElHombre
post Dec 30 2014, 03:23 AM
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Alright, but to really clearly say its a cover, and somewhere state that I dont claim ownership of the tune or anything.
Perhaps link the original song in the description, link where u can purchase it.
Stuff like that could give you a better chance of not having i taken down, or maybe It does not matter in the end



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klasaine
post Dec 30 2014, 07:53 PM
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QUOTE (ElHombre @ Dec 29 2014, 06:23 PM) *
Alright, but to really clearly say its a cover, and somewhere state that I dont claim ownership of the tune or anything.
Perhaps link the original song in the description, link where u can purchase it.
Stuff like that could give you a better chance of not having i taken down, or maybe It does not matter in the end


Do whatever you think will lessen your chances of it getting taken down. You're dealing with the original artists psyche - not mine, not your's, not society's. The worst that can happen is that it will be taken down. No biggie.


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Bogdan Radovic
post Dec 30 2014, 08:17 PM
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QUOTE (klasaine @ Dec 30 2014, 07:53 PM) *
Do whatever you think will lessen your chances of it getting taken down. You're dealing with the original artists psyche - not mine, not your's, not society's. The worst that can happen is that it will be taken down. No biggie.


+1

I'd just like to add that some artists have people in their team in charge of dealing with copyrights/piracy etc which might take the video down. Also, Youtube offers artists way to automatically deal with possible copyrights infringements by using algorithms which detect and match up content using audio sample from your video. Same way Shazam service can detect which song is playing on the radio just by listening to/recording a sample. This automatization allow artists and management teams to setup what to do with matched content "by default".... for example remove it, allow but show ads on the video and collect revenue etc etc.


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Cosmin Lupu
post Dec 30 2014, 09:25 PM
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On the other hand, just today, Ben posted something on Facebook, referring to a band that took down his original video for a Reckoning song (Ben's band) because it was passible of copyright infringement. I am certain that Ben's original piece had NOTHING to do with that idea, but Youtube definitely makes some weird decisions, if that be the case, or the guys in the band that initiated this have some weird views on Ben's very legal activity. This little happening should be a little reminder that you should do whatever you can to make sure no one will take it down, as Ken said, but you can never know what one will think. I say go for it and take things as they come to you smile.gif


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jstcrsn
post Jan 1 2015, 05:53 PM
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QUOTE (Kristofer Dahl @ Dec 29 2014, 03:56 PM) *
If you used her song (chords/melody) she can take your video down if she wants to. Now usually I don't really think this happens since a bad cover does not really do anyone harm and a good one (with views) should be good publicity.

is this why GMC does not have many covers
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Kristofer Dahl
post Jan 2 2015, 03:04 PM
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QUOTE (jstcrsn @ Jan 1 2015, 05:53 PM) *
is this why GMC does not have many covers


No this can't be compared to GMC 's situation since our cover lessons are included in a paid subscription provided by a registered business. We pay a license fee to Swedish STIM to do so, and unfortunately this license only covers music/video - not partiture - which is why we cannot provide tabs in our cover lessons.


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Cosmin Lupu
post Jan 3 2015, 09:26 PM
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I think that if you mention the fact that you aren't in any way claiming any rights towards the music, chances are that no one will get angry. I for one usually do this if I use anything that isn't mine and mention clearly that it's only for demonstrational purposes, or as we did with the cover we released with Days of Confusion, we wrote to the band's publisher, told them about our intentions and they were very ok with the idea, as long as we mention the composers and publisher, which of course, we did smile.gif


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