Post Any Song To YouTube LEGALLY?

Question

Few people know this Law even exists but if you put this disclaimer in the description of the song you're posting then they cannot legally remove the otherwise copyrighted music.  This must be typed in EXACTLY to evolk your rights to upload.
Here it is:

NOTICE: Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

So as long as you're posting it for Comment, etc..and NOT making money from it; they can't (and won't) remove the song.  Example:  Prince doesn't allow any of his songs to be posted in YouTube videos but the very few that have this disclaimer; he can not have them remove.  It's an old law that few people know about...  but you guys ROCK and should know about it so you can comfortably post those songs we never get to hear anymore on youtube.  

BQ:  Prince, Prince And The Revolution, Prince And The New Power Generation, The Symbol Formerly Known As...  Or just Prince again...  Which era is the best, in your opinion.  I'm going with The Revolution period :)

Anonymous · Accepted Answer

I never use YouTube to listen to Prince, nor do I ever upload videos on YouTube alone.

BQ: I love the work he did post and pre w/ The Revolution and The NPG.
My favourite eras of his are Dirty Mind, 1999, Sign "O" the Times/Crystal Ball/Camille, Parade/Under The Cherry Moon/The Flesh, Lovesexy, Batman, Graffiti Bridge, Diamonds and Pearls, The Gold Experience/The Dawn, Emancipation, Rave Un2 the Joy Fantastic, Musicology, 3121 and   
Lotusflower-MPLSound.

Nuff Sed · Answer

That's hilarious.  First, almost NO upload of an entire music track to YT qualifies under any interpretation of "fair use". Second, fair use only applies in the United States -- most countries don't allow it. Third, when you are sued for copyright infringement, you have the BURDEN OF PROOF in federal court that your illegal use was actually exempt under the "fair use" laws.

Good luck with that.

It is absolutely false that you cannot be sued for copyright infringement if you're "not making money" from it, although it is unlikely you'll be charged with a federal crime (assuming you haven't uploaded over $1,000 worth of music or videos).

Ask the Minnesota housewife caught uploading and sharing 24 songs on the internet using KaZaa and was ordered to pay $80,000 for each song (a total of $1.92 million). She was in court for nearly five years trying to get it reduced, and finally succeeded in having it reduced to $1.5 million.

David C · Answer

You cannot legally post full songs by any artist without the artist's consent by way of a synchronization license.  YouTube has partnered with various publishers and labels to make sure that music posted is monitored.  The publishers have the right to remove the video, promote themselves on the video, and/or generate money off that video.

You MAY post videos with a sync license, and it is the only way to post that kind of content (including cover songs, etc) and be a Youtube Partner.

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Post Any Song To YouTube LEGALLY?

3 Answers