Use of soundtracks for paid work query

[Ubiquitous2024]

I am in the process of setting up a small side line offering bespoke / high end residential videography to private clients. The general plan is I am contacted by someone local, take my drone to their house and film, then use my editing skills to produce a bespoke package for them which will be a 4 - 6 minute 4K film of their house plus a load of aerial stills. I have been setting all my demo work to soundtracks so far and uploading to Youtube as a hobbyist, but going forward if I am to start charging for this, I wonder where the land lies with regards to using copyright music?

I have used Youtube for years and know that I can use any music with any video because none of my content is monetized. It is also unlikely to ever change as I am not an online content creator, I simply use the platform as a sharing link to demo what I can do. From what I know if I ever did monetize my videos online, any money would go to the audio content owner - but as I will never be in this position it's a moot point.

My query relates to the physical giving of my product to a buyer which will have the audio overlaid. I plan to give a few versions on a memory stick, so music less version, all the raw footage and then also the final colour graded, edited, perfected version with audio overlay. Am I over thinking the issue - to me this is no different to giving your mate a memory stick full of music / recording a program and passing it over on a device e.t.c.I would be getting paid for my work, the audio overlay is simply a bonus feature.

If it is an issue why - could it be as ridiculous to say - here you go here is the video on a memory stick, now when you get home and play it make sure you open up "x" song and play it in the background along with the video....?

[Feirny]

I think GetCarter may be best placed to answer this one.

[TheRainMaker]

Why not just pay for royalty-free music? It won't be as expensive as you think.

Thousands of others are available.

https://www.premiumbeat.com/

[Ubiquitous2024]

Its a personal choice, I have a huge collection of very rare and underground music, it is by artists so is copyright but nobody will have heard any of it. Also, I plan to ask what music or track the client wants with the video - from doing my research most will choose a well known Coldplay song or similar.

[TheRainMaker]

Ubiquitous2024 said:

Its a personal choice, I have a huge collection of very rare and underground music, it is by artists so is copyright but nobody will have heard any of it.

You could always ping them an email and ask if you can use it

Ubiquitous2024 said:

Also, I plan to ask what music or track the client wants with the video - from doing my research most will choose a well known Coldplay song or similar.

The same applies to this, however, sit down when you get the costs back

[Mark Lewis]

YouTube won't care as they aren't paying you. If you ever got monitised they money will go to the copyright owner (even if you only use a second or so....in theory there is fair use rules/policies.....but you aren't going to win against a record company - pointless trying)

As for your clients....it happens all the time I'm sure but using someone elses content for commercial gain is surely breaking a rule. The issue is, no one will know (unless you give a clip to someone that is mates with the artist you used!) and even if someone did know, would they care...I doubt it.

The YouTube prob only comes up because it's automated so no human is listening to your videos...a computer just says "that belongs to X so they get the money" and YouTube won't bother engaging beyond that.

Personally, I'd (and I do) used music you buy a license to use - for a commercial gig.

[thepritch]

I work in the creative industries and get quite annoyed when someone else’s work is used without consent.

Chances are though, that you’ll be fine. But it’s wrong, and there are various laws in place that try to protect the original artists. Imagine if I were to take a some of your video work from YouTube and added it to a piece of my own video work and send to my client? My own work is core to what the client wanted but your ‘padding’ aerial shot just helps set a mood in a longer video? How would you feel?

Plenty of royalty free or low cost music options to consider.

[Simpo Two]

Ubiquitous2024 said:

I have used Youtube for years and know that I can use any music with any video because none of my content is monetized.

I'm not sure it's that simple. You can't just copy music because you're not charging for it - you're still using it.

As others have said there's plenty of royalty-free music online - and no shortage of wannabee composers pumping it out.

When I was in the video business I used MCPS. Publishers sent me music for free in the hope I'd use it, in which case I declared it to the MCPS who invoiced me. But that's probably all changed now.

[Ubiquitous2024]

I get the issue, and this is why I am considering it all now rather than just go in gung ho. Yes I could use the plethora of available sounds already shared online. Pexels was great for me to grab free videos when I was starting up, all shared with consent to use by the owners.

How would I feel if someone used some of my pan shots? Genuinely - flattered and unbothered. Because it won't have any effect on my work. If the usage detrimented and took something away from me then yes, I would be annoyed. But someone grabbing some media of mine to use elsewhere will not have any influence on the people who want me to create a themed or personal video for them - because I am doing something new for them that hasn't been done before. Besides all my media is logo'ed - so unless someone has some editing skills equivalent or better than mine they will struggle.

The reason I am keen to use known music is because it will really resonate with the customer, adding a known piece of music that means something to them will have a much larger impact than some of the generic melodies available via the suggested platforms.

[Sebring440]

Ubiquitous2024 said:

The reason I am keen to use known music is because it will really resonate with the customer, adding a known piece of music that means something to them will have a much larger impact than some of the generic melodies available via the suggested platforms.

And that's a very valid argument. But quite simply, you'll have to pay for it, and pass the costs onto your customer.

[TooLateForAName]

musicthief said:

I have used Youtube for years and know that I can use any music with any video because none of my content is monetized.

This is simply not true. Youtube wont take action but that is quite different to the legal position with copyright.
You are wanting to use someones product in your commercial product. You should be paying for that.

[essayer]

You need a licence from PRS
https://www.prsformusic.com/licences

I don’t know which licence for your use case but when we used commercial music we’d pay an amount per use - PRS collect and distribute to the artists/labels etc

[Mark Lewis]

Ubiquitous2024 said:

The reason I am keen to use known music is because it will really resonate with the customer, adding a known piece of music that means something to them will have a much larger impact than some of the generic melodies available via the suggested platforms.

And it means something to them because it's famous and well known and the artistic product of someone else. If it was that easy YouTubers would just put Coldplay running in the background of every video. Every fitness YouTuber would have the Rocky soundtrack on loop! If I play more than 3/4 sec of it I get a claim on there.

[Dingu]

Just pay for it OP and stop trying to freeload to benefit yourself.

[Wacky Racer]

My brother was in a Led Zeppelin tribute group about ten years ago.

I went along one night to the gig and filmed a couple of songs, and when I got home uploaded them to YT.

All went well for about ten minutes, the quality was pretty good, until YT took it down because it was "copyrighted music"

Had to laugh because Zeppelin in the early days were famous for "borrowing" stuff from other artists.

[thepritch]

Mark Lewis said:

Every fitness YouTuber would have the Rocky soundtrack on loop! If I play more than 3/4 sec of it I get a claim on there.

I’m much more inspired by short snippets of YouTubers falling off their turbo, or grimacing when fast walking than I am by rocky soundtracks

[Ubiquitous2024]

TooLateForAName said:

This is simply not true. Youtube wont take action but that is quite different to the legal position with copyright.
You are wanting to use someones product in your commercial product. You should be paying for that.

I haven't done any commercial work yet - all my content has been as a hobbyist, and uploaded as such. But hence this thread, as I may start charging in future, at which point there is money involved.

[Ubiquitous2024]

Wacky Racer said:

My brother was in a Led Zeppelin tribute group about ten years ago.

I went along one night to the gig and filmed a couple of songs, and when I got home uploaded them to YT.

All went well for about ten minutes, the quality was pretty good, until YT took it down because it was "copyrighted music"

Had to laugh because Zeppelin in the early days were famous for "borrowing" stuff from other artists.

Youtube now runs an algorithm on every upload and identifies what song it is, and who created it. It then automatically prohibits broadcast of that media in any country that is listed as being prohibited for that artist. E.g Coldplay stuff is blocked in Canada or Pink Floyd stuff is banned in Russia e.t.c. They all have their own location preferences. but the site allows use of the music. It will also auto populate the bottom of the video with the artist and song in the video description. I am pretty sure there is some sort of acceptance / agreement for use.

[Mark Lewis]

thepritch said:

Mark Lewis said:

Every fitness YouTuber would have the Rocky soundtrack on loop! If I play more than 3/4 sec of it I get a claim on there.

I’m much more inspired by short snippets of YouTubers falling off their turbo, or grimacing when fast walking than I am by rocky soundtracks

Not coldplay though is it?

[Fatboy]

Ubiquitous2024 said:

Wacky Racer said:

My brother was in a Led Zeppelin tribute group about ten years ago.

I went along one night to the gig and filmed a couple of songs, and when I got home uploaded them to YT.

All went well for about ten minutes, the quality was pretty good, until YT took it down because it was "copyrighted music"

Had to laugh because Zeppelin in the early days were famous for "borrowing" stuff from other artists.

Youtube now runs an algorithm on every upload and identifies what song it is, and who created it. It then automatically prohibits broadcast of that media in any country that is listed as being prohibited for that artist. E.g Coldplay stuff is blocked in Canada or Pink Floyd stuff is banned in Russia e.t.c. They all have their own location preferences. but the site allows use of the music. It will also auto populate the bottom of the video with the artist and song in the video description. I am pretty sure there is some sort of acceptance / agreement for use.

Purely out of curiosity, but how close to the original does it have to be for the algorithm to pick it up? Does it need to be almost the same as the original ( i.e. a decent cover band as above would get caught by it), or would the algorithm flag up someone singing in the car? (Like the clip from the original river cottage series with Hugh singing Baba O'Reilly in his triumph herald)
And what does it do with official channels and covers (say Metallica playing 'whiskey in the jar')?