Podcats, YouTube and Disney Copyrights. HELP!?!

ddbowdoin

Well-Known Member
Original Poster
Hey everyone, the wife and I are going to be making a whole series of reviews and videos on YouTube.

I'm trying to find good background music and am having a hard time finding something that I feel fits. Now, I know you can't use commercially available music, such as a track off the OST Lion King but what about music that ISN'T commercially available... say an audio loop from Epcot.

I noticed Ricky Brigante has monetized his videos (a long time ago) and he's using Disney audio loops.

Anyone have any legal experience with YouTube?
 

wdwmagic

Administrator
Moderator
Premium Member
YouTube will just block your video if it detects copyrighted audio. It six an automated process, and some videos seem to avoid detection when others get blocked.

As an example, I just had an AK video blocked because on a walk through of the park there was copyrighted holiday music playing in the background.
 

ddbowdoin

Well-Known Member
Original Poster
YouTube will just block your video if it detects copyrighted audio. It six an automated process, and some videos seem to avoid detection when others get blocked.

As an example, I just had an AK video blocked because on a walk through of the park there was copyrighted holiday music playing in the background.

Yeah, kind of made me think of how closely connected Ricky and other high profile bloggers are with Disney.

I can't imagine he would be able to afford licensing rights from Disney, so perhaps he's granted rights in exchange for lets say... a favorable opinion?
 

wdwmagic

Administrator
Moderator
Premium Member
Yeah, kind of made me think of how closely connected Ricky and other high profile bloggers are with Disney.

I can't imagine he would be able to afford licensing rights from Disney, so perhaps he's granted rights in exchange for lets say... a favorable opinion?
The YouTube stuff is all automated. I really think at the moment it is luck whether or not your stuff gets flagged as copyrighted. But I wouldn't rule anything out.
 

ddbowdoin

Well-Known Member
Original Poster
The YouTube stuff is all automated. I really think at the moment it is luck whether or not your stuff gets flagged as copyrighted. But I wouldn't rule anything out.

True... but he has hundreds of videos and millions of views.
 

englanddg

One Little Spark...
Whether your video gets flagged (it will) vs muted vs removed / blocked is a function of who owns the copyright material itself.

Many labels have standing agreements with youtube that if a video has copyrighted material they own, the video may just be flagged, or it may only be blocked to certain markets (depending on international copyright agreements...so, for example, Germany gets blocked a LOT!).

However, they'll leave the video up and running, and youtube will pay a portion of any click ad revenue generated to the owner of the copyright, as well as use the content matching system to pitch the song/single next to the title.

This is a win/win for youtube and the content holder, because they both make money (or the potential to make money) off of what is basically freely provided content that they didn't have to pay to produce.

Some labels or individual content holders (and yes, there are people who squat on copyrights just like they squat on trademarks) don't feel this way, and those are generally the ones you'll see taken down or muted.

Since there is no public list of what content is "blacklisted" or not available from youtube, it's really hard to figure out if your video is going to get disciplinary action.

However...once you start to monetize your videos (i.e., become a youtube partner), the metrics change dramatically. This is because a third party (you) is now involved in the transaction, and getting a piece of the monetary pie.

There is a caveat under fair use, however. So, if you were say, making a video about Spaceship Earth, and you used the SSE music loop in the background, it could be qualified as "fair use". The line is very blurred on this right now, and generally overlooked for popular youtubers...with one section that has been hit pretty hard at the moment.

Game reviewers.

This isn't the first time this has come up, and it's why many high profile early youtube review shows left to join Doug Walker (Nostalgia Critic) and That Guy With The Glasses, or have moved to Blip, or just disappeared completely.

Your best bet, if you want to use Disney songs and loops, is to reach out to them and see if they are willing to grant you limited rights to use their property. Good luck there though. May just be better, as a fledgling, to give it a shot and see what gets flagged and deal with it like that.
 

ddbowdoin

Well-Known Member
Original Poster
Whether your video gets flagged (it will) vs muted vs removed / blocked is a function of who owns the copyright material itself.

Many labels have standing agreements with youtube that if a video has copyrighted material they own, the video may just be flagged, or it may only be blocked to certain markets (depending on international copyright agreements...so, for example, Germany gets blocked a LOT!).

However, they'll leave the video up and running, and youtube will pay a portion of any click ad revenue generated to the owner of the copyright, as well as use the content matching system to pitch the song/single next to the title.

This is a win/win for youtube and the content holder, because they both make money (or the potential to make money) off of what is basically freely provided content that they didn't have to pay to produce.

Some labels or individual content holders (and yes, there are people who squat on copyrights just like they squat on trademarks) don't feel this way, and those are generally the ones you'll see taken down or muted.

Since there is no public list of what content is "blacklisted" or not available from youtube, it's really hard to figure out if your video is going to get disciplinary action.

However...once you start to monetize your videos (i.e., become a youtube partner), the metrics change dramatically. This is because a third party (you) is now involved in the transaction, and getting a piece of the monetary pie.

There is a caveat under fair use, however. So, if you were say, making a video about Spaceship Earth, and you used the SSE music loop in the background, it could be qualified as "fair use". The line is very blurred on this right now, and generally overlooked for popular youtubers...with one section that has been hit pretty hard at the moment.

Game reviewers.

This isn't the first time this has come up, and it's why many high profile early youtube review shows left to join Doug Walker (Nostalgia Critic) and That Guy With The Glasses, or have moved to Blip, or just disappeared completely.

Your best bet, if you want to use Disney songs and loops, is to reach out to them and see if they are willing to grant you limited rights to use their property. Good luck there though. May just be better, as a fledgling, to give it a shot and see what gets flagged and deal with it like that.
exactly what I was looking for... reply of the day!
 

NowInc

Well-Known Member
From personal experience, I had a video flagged (I flat out used a copywritten song), and then I guess a few months later It was back up for whatever reason. The original complaint came from warner music group (even tho the song used wasn't theirs to complain about). Now, I have had music from MY OWN BAND flagged (even on our official channel), and it took over a month to get it back up. The system is flawed. Even if you have the legal rights, you can still get flagged.

Now, people like the communicore weekly guys use the epcot loops in all of their podcasts on youtube and I have yet to see any of them removed. It really is luck of the draw.
 

cubsbaseball17

New Member
If you're using an audio loop in the background you should be okay, especially since you're doing reviews, which falls under that whole creative commons law.
However, I'm not a lawyer.
 

some guy

Active Member
Hey everyone, the wife and I are going to be making a whole series of reviews and videos on YouTube.

I'm trying to find good background music and am having a hard time finding something that I feel fits. Now, I know you can't use commercially available music, such as a track off the OST Lion King but what about music that ISN'T commercially available... say an audio loop from Epcot.

I noticed Ricky Brigante has monetized his videos (a long time ago) and he's using Disney audio loops.

Anyone have any legal experience with YouTube?
step 1:
Don't use youtube.
 

Register on WDWMAGIC. This sidebar will go away, and you'll see fewer ads.

Back
Top Bottom