Copyrights on music in podcasts and YouTube videos

[DannyDisneyFreak]

I want to start podcasting and doing some YouTube videos, Disney themed of course, but wonder what music or sounds are legal to use? For example I'm pretty sure you can't use full Disney songs but what about music from the parks, like background music in the parks, or sound bites from attractions? Or can you use small clips of songs or clips from movies, rather than the whole thing? I've heard people say, "oh you can use it until YouTube takes it down", but I would rather know what's legal and allowed. Also, is there a difference between what could be used in a podcast versus a YouTube video? Can somethings be allowed in one but not another?

 

[tvguy]

Your answers are here: https://www.bmi.com/digital_licensing

In the over the air broadcast world, clips of :12 seconds or less have to be reported, but there is no charge. Longer than :12 seconds, you have to pay.
Legal Podcast or YouTube use is going to cost you money, which is why almost everyone I know that HAD legal Podcasts, YouTube channels or streaming music sites shut them down. Too expensive.

 

[CarolAnn856]

While using Disney music for background music without obtaining a license would not be permitted, there is the concept of Fair Use, which "is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work." Full article: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

 

[DannyDisneyFreak]

What about sound clips from attractions, shows, or other audio like maybe Walt's voice?

 

[CarolAnn856]

What about sound clips from attractions, shows, or other audio like maybe Walt's voice?

Those would all be owned by Disney. Basically, if you didn't create it yourself, someone else did, and that person owns the copyright, not you, so unless you can claim Fair Use or you pay a licensing fee, you can't legally use it.

 

[tvguy]

While using Disney music for background music without obtaining a license would not be permitted, there is the concept of Fair Use, which "is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work." Full article: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

Here is the official description of Fair Use.
https://www.copyright.gov/fair-use/more-info.html

 

[Imzadi]

YouTube has some type of music identification software. If you put music onto a YouTube video and it detects that it is a copyrighted song, it will not let you publish the video unless you pay for it, according to the copyright laws & agreements it has with the actual owners of the music. Or you can have YouTube remove the music track. Try it. Try to post a test video with clearly copyrighted music.Within 20 minutes of posting it, YouTube will block it and you will get a pop up telling you that you have copyrighted music in your video and to make a choice as to what you want to do about it.

YouTube does have a list of some music it allows on for free to be added. It's often the annoying muzak that is played on elevators. I watch a lot of craft & art tutorials and some people add on those music tracks to the beginning of their videos, thinking they are being so cute and professional. I just think they are annoying, especially when I recognize 3 other people have used the same muzak. I just fast-forward past the muzak. When I want to listen to music, I put on a video with real music.

 

[chartle]

Here is a somewhat related thing that I notice about park music and copyright. Every once and awhile a show like Dinner Impossible will do a show in a park. This case it was in Epcot. It had something to do with collecting something like a million cans of food for food pantries.

Well at the end they all went out to watch Illuminations. As Illuminations was going on I didn't recognize the music. They played generic classical uplifting music.

So on a show, on a major network, 100% sanctioned by Disney they didn't or couldn't play the actual music.

So yes Disney is very particular about how there music is played.

 

[Imzadi]

So on a show, on a major network, 100% sanctioned by Disney they didn't or couldn't play the actual music.

Disney probably would have let them play the music - if Dinner Impossible paid for the rights to use it. AND paid for every. single. time. the. show. re-aired. Of course, Dinner Impossible didn't want to constantly fork over that money, so they went with free and generic.

 

[chartle]

Disney probably would have let them play the music - if Dinner Impossible paid for the rights to use it. AND paid for every. single. time. the. show. re-aired. Of course, Dinner Impossible didn't want to constantly fork over that money, so they went with free and generic.

It was just odd that RI was promoting Disney's Charity and they couldn't give them the rights. I think I have seen Disney TV productions where they swapped out the music.

 

[ashley0139]

To be 100% completely legal, the only way you can use it is if it's in the public domain or you wrote it (or you went and bought the rights to it). No other music. Literally none. You also technically cannot use clips from any of their movies or videos, or basically, anything that is not your original content. They might not catch that immediately or ever, but if you do not own the footage, you are not supposed to use it.

 

[chartle]

But back to the OP. Disney is very protective of their IP. Notice that this and all the other Disney fans sites have nothing that even closely resembles anything Disney. Some avoid certain fonts.

 

[CarolAnn856]

To be 100% completely legal, the only way you can use it is if it's in the public domain or you wrote it (or you went and bought the rights to it). No other music. Literally none. You also technically cannot use clips from any of their movies or videos, or basically, anything that is not your original content. They might not catch that immediately or ever, but if you do not own the footage, you are not supposed to use it.

No, under Fair Use, there are limited ways that music and clips can be used 100% legally. I agree, though, that if you aren't knowledgeable in copyright law and its nuances, you are safer just avoiding copyrighted material altogether.

Here's a fantastic, and very relevant for the Dis, video explaining some of the basics of copyright and Fair Use:

 

[baildrk]

My brother in law was looking to do the same thing, he found a site that had music that was free to use for whtaever purpose, the site escapes me at the moment.....

 

[chartle]

My brother in law was looking to do the same thing, he found a site that had music that was free to use for whtaever purpose, the site escapes me at the moment.....

YouTube itself has quite a bit of free music that it created/commissioned so users had a source of music.

 

[JRawkSteady]

YouTube has some type of music identification software. If you put music onto a YouTube video and it detects that it is a copyrighted song, it will not let you publish the video unless you pay for it, according to the copyright laws & agreements it has with the actual owners of the music. Or you can have YouTube remove the music track. Try it. Try to post a test video with clearly copyrighted music.Within 20 minutes of posting it, YouTube will block it and you will get a pop up telling you that you have copyrighted music in your video and to make a choice as to what you want to do about it. .

This is actually not true anymore. YouTube will still put the video up, but it will not let you monetize it if it detects the copyrighted music. Your video will be uploaded as per usual UNLESS the company writes to YouTube and issues a C & D. Only then will the video be sanctioned to be removed.

 

[BrianL]

It was just odd that RI was promoting Disney's Charity and they couldn't give them the rights. I think I have seen Disney TV productions where they swapped out the music.

But broadcasting that music would also cost Disney money, even if they "own" it. It is possible that the artists who actually performed it get royalties form it being broadcast on TV. If Disney "gave" a show music without charging them, then Disney would still have to pay those royalties. It depends on how the contract was written. Disney may have negotiated an unlimited use for in the parks, but broadcast is a different animal (as is a release on DVD; pretty much every medium has its own separate contract). This is all due to the guilds that performers pretty much must belong to.

Now, those royalties for the music for Illuminations are probably peanuts for Disney, or even Dinner Impossible, but they don't want to set the precedent.

 

[Imzadi]

This is actually not true anymore. YouTube will still put the video up, but it will not let you monetize it if it detects the copyrighted music. Your video will be uploaded as per usual UNLESS the company writes to YouTube and issues a C & D. Only then will the video be sanctioned to be removed.

That must have been my case as the message I received was that they already knew the copyright owner did not want it used unless I was willing to pay for it's usage. I'm sure YouTube has quite a long list already compiled that they keep and re-use. The copyright owner shouldn't have to send out hundreds of cease & desist letters to YouTube each week for the same songs. A letter gets filed the first time or a contract is set up with the copyright owner and YouTube's music identification software knows to recognize which ones are on the list.

 

[BethA]

Someone local claims to write an original musical every year, however it is a take off on a Disney theme and they use Disney music. They donate the proceeds from the shows to charity. Is that how they get around using copyrighted material? It always seemed questionable to me.

 

[Jennasis]

DH just creates his own music to use. Any clips he shows are brief. Quick cuts works best anway.