Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

YouTube Stars Aren't Above the Copyright Law

Author: Scarinci Hollenbeck, LLC

Date: August 19, 2015

Key Contacts

Back

YouTube is an amazing platform that allows users to upload their own videos, but sometimes people, including entertainers, will use copyrighted music to enhance these videos, which could lead them to be muted or removed, or incite legal action.

Source: http://www.classroominthefuture.com/10-ways-to-use-youtube/

YouTube star Michelle Phan recently reached a settlement with a record label following her use of certain songs in her music videos. She had used songs from artists Kaskade, Deadmau5 and Calvin Harris – all signed to Ultra Records, according to the Hollywood Reporter. Phan has a number of endorsement contracts with companies such as Endemol, L’Oreal Cosmetics and Dr. Pepper, and thus, profits from the videos that she posts to YouTube.

Ultra claimed that Phan received millions of dollars from her videos that used music produced by artists on its label, according to the news outlet. Phan, however, asserted that she had received permission to use the music. She explained that she had market power, and that record labels wanted her to use their music to promote their artists to her legion of fans.

Phan and Ultra ultimately reached a settlement in their legal dispute – though the terms have not been released. However, it is important that other entertainers note that star power and a collection of valuable fans does not make the use of copyrighted music in productions such as YouTube videos all right.

Seeking out royalty-free music to avoid disputes

In general, it isn’t OK to use an artist’s music in a YouTube video, or any other sort of promotional fare, unless the work is in the public domain or the owner has given permission, ReelSEO explained. One exception is royalty free music, which isn’t in the public domain, but can be used freely. For example, Kevin MacLeod runs Incompetech, a website that offers royalty free music for use. ReelSEO actually noted a number of websites that offer royalty free music downloads:

YouTube runs a copyright tracking system called ContentID to detect unlicensed use of certain works such as the songs used by Phan in her YouTube videos. Entertainers who utilize YouTube should be wary of violating any copyrights with their background music, or use of any other sort of copyrighted work.

Mythical copyright workarounds that just aren’t real

Even if a YouTube video isn’t monetized, there’s still a chance that the owner of a song used could force a takedown of the video, ReelSEO explained. This is a reason why it is always important to seek out a license if an entertainer does intend to use potentially copyrighted music in his or her YouTube videos.

Additionally, some YouTube users attempt to diffuse their potential copyright violations by including blurbs in video descriptions that take care to acknowledge the owner of the song and note that there was never any intent of copyright violation. This, however, is not a legal protection, and if the owner of a certain song decides to take action, he or she likely has every right.

To learn more about copyright law, and the use of certain songs or other works in YouTube videos, contact a well-informed lawyer on entertainment law.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!