Can Change In Copyright Be Retrospective?
Discussion
I've searched for an answer, but can't think of the appropriate search criteria...
I have been using the Youtube Free Music Library ( https://www.youtube.com/audiolibrary/music) in my videos and have been fulfilling the requirements of the copyright holders. For instance, adding credits to videos, adding links to music sites etc.
Recently, I have been getting copyright claims against some of my videos.
It turns out that the copyright status of one of the songs that I use has been changed and is no longer free to use.
I fully understand that I would not be able to publish a video with that song on it today, but these videos were first published in 2017.
Is it legal to retrospectively apply copyright to a piece of music?
If it is, I can see this as a really good way for a music publisher to "scam" people, such as me, and other musicians.
They could give away a piece of music to people who think that it is free. A few thousand people use it. Then they copyright the music and suddenly start making 100% of the advertising royalties on thousands of videos. It would deprive the video publisher of income, but it is also taking advantage of all the other musicians on those videos who have allowed their music to be used for free.
btw, I don't get enough views to earn any income from Youtube, so it makes no difference to me, but I would like to see all the musicians be equally paid for my videos.
I have been using the Youtube Free Music Library ( https://www.youtube.com/audiolibrary/music) in my videos and have been fulfilling the requirements of the copyright holders. For instance, adding credits to videos, adding links to music sites etc.
Recently, I have been getting copyright claims against some of my videos.
It turns out that the copyright status of one of the songs that I use has been changed and is no longer free to use.
I fully understand that I would not be able to publish a video with that song on it today, but these videos were first published in 2017.
Is it legal to retrospectively apply copyright to a piece of music?
If it is, I can see this as a really good way for a music publisher to "scam" people, such as me, and other musicians.
They could give away a piece of music to people who think that it is free. A few thousand people use it. Then they copyright the music and suddenly start making 100% of the advertising royalties on thousands of videos. It would deprive the video publisher of income, but it is also taking advantage of all the other musicians on those videos who have allowed their music to be used for free.
btw, I don't get enough views to earn any income from Youtube, so it makes no difference to me, but I would like to see all the musicians be equally paid for my videos.
"Copyright holders can change their policies and issue copyright takedown notices under certain circumstances. Your video's status could change in the future (and may even be removed from YouTube) if the copyright owner makes a different decision in your individual case or changes the policy that applies to the music in your video."
https://support.google.com/youtube/answer/6364458?...
It does seem a bit odd to me, however. If I license one of my images on Flickr as (say) Creative Commons, but later change my mind and change it back to All Rights Reserved, as far as I am aware (and IANAL) anyone who used it whilst it was under CC can carry on using it. However you'd have to prove it was CC when you used it...
https://support.google.com/youtube/answer/6364458?...
It does seem a bit odd to me, however. If I license one of my images on Flickr as (say) Creative Commons, but later change my mind and change it back to All Rights Reserved, as far as I am aware (and IANAL) anyone who used it whilst it was under CC can carry on using it. However you'd have to prove it was CC when you used it...
Edited by sim72 on Sunday 28th July 01:15
sim72 said:
"Copyright holders can change their policies and issue copyright takedown notices under certain circumstances. Your video's status could change in the future (and may even be removed from YouTube) if the copyright owner makes a different decision in your individual case or changes the policy that applies to the music in your video."
https://support.google.com/youtube/answer/6364458?...
It does seem a bit odd to me, however. If I license one of my images on Flickr as (say) Creative Commons, but later change my mind and change it back to All Rights Reserved, as far as I am aware (and IANAL) anyone who used it whilst it was under CC can carry on using it. However you'd have to prove it was CC when you used it...
I agree with your interpretation. Proving it was CC would be quite easy, as the publishing date for the video is on Youtube and Youtube would also have the date the copyright condition changed.https://support.google.com/youtube/answer/6364458?...
It does seem a bit odd to me, however. If I license one of my images on Flickr as (say) Creative Commons, but later change my mind and change it back to All Rights Reserved, as far as I am aware (and IANAL) anyone who used it whilst it was under CC can carry on using it. However you'd have to prove it was CC when you used it...
Edited by sim72 on Sunday 28th July 01:15
It seems you could make yourself a small fortune by licencing your images as CC on Youtube, waiting a few years until the image is widely distributed and then change to ARR
.It just seems to bit unfair on all the other musicians whose music I have used for free.
BertBert said:
I don't understand the ins and outs to add anything, but I have a question. Is this a matter of copyright law or a matter regarding YouTube's terms?
Good point, well made.I think you have hit the nail on the head.
I think Youtube have written a policy that is different to the law, but not outside it. Nothing wrong with that, as it is their pitch, their ball, their rules.
It won't affect me as the videos weren't monitized (sic). I just think that it is unfair that the other copyright holders in my videos aren't getting a share.
Monitizing my videos would probably generate about £10 per year, but if a there are ten thousand people like me, the sums could become significant.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff