Copy left and right question

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D-Tuned
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Copy left and right question

Post by D-Tuned »

Just to set the context, I'll be the last person not to respect a creator's copyright. That said I'd like to know how and what I can release to Creative Commons while using in and as part of my video my digital or guitar cover of a copyrighted song? I'm thinking of placing the CC-attribute logo
maybe with the note "Except for copyright parts", or something shorter if possible. What goes and what doesn't? What conventions exists? TIA

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Re: Copy left and right question

Post by Largos »

You can't use and release other people's material without their permission. Creative commons is just a way of giving permission for this with or without conditions. Whether the rest of your video is your own is not relevant, you would still need permission for the cover.

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Re: Copy left and right question

Post by D-Tuned »

Largos wrote: Mon Sep 18, 2023 9:25 pm

You can't use and release other people's material without their permission. Creative commons is just a way of giving permission for this with or without conditions. Whether the rest of your video is your own is not relevant, you would still need permission for the cover.

When people upload a cover to youtube the copyright holder has the right to pull it I suppose. We get a message saying something like the video can remain (I guess the copyright holder gets some of the ad revenue). If I want to upload a cover to my web site I gotta find who the copyright holder is and write them to ask for the permission?

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Re: Copy left and right question

Post by Largos »

D-Tuned wrote: Mon Sep 18, 2023 9:42 pm
Largos wrote: Mon Sep 18, 2023 9:25 pm

You can't use and release other people's material without their permission. Creative commons is just a way of giving permission for this with or without conditions. Whether the rest of your video is your own is not relevant, you would still need permission for the cover.

When people upload a cover to youtube the copyright holder has the right to pull it I suppose. We get a message saying something like the video can remain (I guess the copyright holder gets some of the ad revenue). If I want to upload a cover to my web site I gotta find who the copyright holder is and write them to ask for the permission?

It's often done by licenses through third parties which differ depending on where you are and also as you are including as part of a video, it might not be the same as a straight up audio cover.

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Re: Copy left and right question

Post by D-Tuned »

Largos wrote: Mon Sep 18, 2023 10:56 pm

It's often done by licenses through third parties which differ depending on where you are and also as you are including as part of a video, it might not be the same as a straight up audio cover.

Youtube have their own arrangements, I just pulled a couple I had up on my web site; frankly I have no clue what all the rules are, always thought that as long as you were not making money anything was permitted. Since everything I do is amateur stuff involving no money I'll never pay for any right that's for sure, especially since doing a cover in and of itself publicizes the original!

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Re: Copy left and right question

Post by d.healey »

D-Tuned wrote: Mon Sep 18, 2023 11:55 pm

frankly I have no clue what all the rules are, always thought that as long as you were not making money anything was permitted.

A lot of people think this for some reason. The issue is using someone's work without their permission, it's unrelated to money.

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Re: Copy left and right question

Post by D-Tuned »

d.healey wrote: Tue Sep 19, 2023 11:21 am
D-Tuned wrote: Mon Sep 18, 2023 11:55 pm

frankly I have no clue what all the rules are, always thought that as long as you were not making money anything was permitted.

A lot of people think this for some reason. The issue is using someone's work without their permission, it's unrelated to money.

Where does it end? I gotta get someone's permission to quote or just use his/her sig?

When there's no money involved just crediting the 'original' creator (which I've always been more than happy to do) should suffice, either that or let's limit intellectual property to three years.

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Re: Copy left and right question

Post by d.healey »

D-Tuned wrote: Tue Sep 19, 2023 3:45 pm

When there's no money involved just crediting the 'original' creator (which I've always been more than happy to do) should suffice,

But the original creator might not want you to use the work. What about if you were using their work in connection with some political purpose that they were opposed to?

D-Tuned wrote: Tue Sep 19, 2023 3:45 pm

either that or let's limit intellectual property to three years.

By IP do you mean copyright?

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Re: Copy left and right question

Post by D-Tuned »

d.healey wrote: Tue Sep 19, 2023 3:56 pm
D-Tuned wrote: Tue Sep 19, 2023 3:45 pm

When there's no money involved just crediting the 'original' creator (which I've always been more than happy to do) should suffice,

But the original creator might not want you to use the work. What about if you were using their work in connection with some political purpose that they were opposed to?
[/quot]

It's a stretch; you make a table, should you be able to dictate its use? Artistic freedom seeking to limit artistic freedom?

D-Tuned wrote: Tue Sep 19, 2023 3:45 pm

either that or let's limit intellectual property to three years.

By IP do you mean copyright?

All of it, bottom line: if you have no intention to release it to Public Domain at all then maybe you should keep it to yourself. I would give it three years starting a sliding-scale up to X or XY years, no ring-tones even without fat fees, the bigger the 'using' production the longer the coverage, after that just a requirement to credit as 'orinal inspiration'. So maybe little people doing covers would be free to do so early, a movie being a whole another ballgame, much longer. When I see the music being produced today, when maybe even chord progressions and detached two-bar 'compositions' are ABOUT to become coverable, music sooner or later ends up in a dead-end.

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Re: Copy left and right question

Post by d.healey »

D-Tuned wrote: Tue Sep 19, 2023 4:22 pm

It's a stretch; you make a table, should you be able to dictate its use? Artistic freedom seeking to limit artistic freedom?

The person who owns the table should be able to decide its use.

D-Tuned wrote: Tue Sep 19, 2023 4:22 pm

All of it, bottom line: if you have no intention to release it to Public Domain at all then maybe you should keep it to yourself.

If we're talking about artistic works 99% of the population have no interest in creating derivative works, nor do they care about the license. They just want to listen/view/use them in the form they are presented. And from the artist's POV they (often) want to make some money from their work, so it makes complete sense to release it regardless of if you intend to make it public domain at some point.

Functional works on the other hand (user manuals, computer code, etc) I think should be released under a free license.

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Re: Copy left and right question

Post by D-Tuned »

I will temporarily handle the issue by uploading (publishing) my video on Youtube where the original artist can do a Copy Strike but seldom does, and linking to it from my web page.

http://www.trixtar.org/3/music/TheBel ... mney.html

The problem with this is is that it depends on youtube. I suppose that I could do the same thing on my web site too, if the creating artist should object then I'd pull the video. I'll need to research this topic more. And how about midi files? Do I have the right to create and publish a midi or rosegarden file or is that considered as just another instrument playing the copyright song?

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Re: Copy left and right question

Post by Largos »

You could spend the time doing a new recording rather than wasting time looking for loopholes that don't exist.

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Re: Copy left and right question

Post by D-Tuned »

Largos wrote: Thu Sep 21, 2023 8:42 am

You could spend the time doing a new recording rather than wasting time looking for loopholes that don't exist.

So everyone who uploads a cover to Youtube is looking for loopholes? It's the exact opposite, I'm looking for ways not to respect the original artist's work while also trying & sharing my own possibly different interpretation or arrangement. I don't have a problem with asking for permission either (just sent a letter to one of them to that end) but I think that maybe all the footwork shouldn't be necessary for use by 'little-people', even without having to open a u-tub account. What youtube is doing BTW isn't illegal in any but AFAIK works with the full support of the artists' union or whatever professional association they have to protect their rights.

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Re: Copy left and right question

Post by Largos »

D-Tuned wrote: Thu Sep 21, 2023 11:42 am
Largos wrote: Thu Sep 21, 2023 8:42 am

You could spend the time doing a new recording rather than wasting time looking for loopholes that don't exist.

So everyone who uploads a cover to Youtube is looking for loopholes? It's the exact opposite, I'm looking for ways not to respect the original artist's work while also trying & sharing my own possibly different interpretation or arrangement. I don't have a problem with asking for permission either (just sent a letter to one of them to that end) but I think that maybe all the footwork shouldn't be necessary for use by 'little-people', even without having to open a u-tub account. What youtube is doing BTW isn't illegal in any but AFAIK works with the full support of the artists' union or whatever professional association they have to protect their rights.

Most people who upload covers on youtube don't care about the copyright. You said you wanted to respect it, well that involves operating on what the copyright holders terms are, not what you think it should be. I don't know what you want to cover but if it's a song released on a label, you might as well assume they will want paying for it.

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Re: Copy left and right question

Post by D-Tuned »

Largos wrote: Thu Sep 21, 2023 2:10 pm
D-Tuned wrote: Thu Sep 21, 2023 11:42 am
Largos wrote: Thu Sep 21, 2023 8:42 am

You could spend the time doing a new recording rather than wasting time looking for loopholes that don't exist.

So everyone who uploads a cover to Youtube is looking for loopholes? It's the exact opposite, I'm looking for ways not to respect the original artist's work while also trying & sharing my own possibly different interpretation or arrangement. I don't have a problem with asking for permission either (just sent a letter to one of them to that end) but I think that maybe all the footwork shouldn't be necessary for use by 'little-people', even without having to open a u-tub account. What youtube is doing BTW isn't illegal in any but AFAIK works with the full support of the artists' union or whatever professional association they have to protect their rights.

Most people who upload covers on youtube don't care about the copyright. You said you wanted to respect it, well that involves operating on what the copyright holders terms are, not what you think it should be. I don't know what you want to cover but if it's a song released on a label, you might as well assume they will want paying for it.

To even suggest that every time someone wanted to play a song in public (what is public BTW?) that person would have to pay for the right to do so is RIDICULOUS. If that's what copyright has become then let's put an absolute end to it, period. But as I said I believe there is some agreement with u-tub, otherwise copyright holders WOULD raise copyright strikes against material, most often they DON'T (I suppose sometimes they do too). You can probably find out from u-tub what the agreement is. Me, as I said, I have already approached one copyright holder for permission and will likely approach the copyright holders of all the 60 or so songs that I do want to play digital or guitars covers of.

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