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It it legal If I use someone elses music/Tune in My Video (trailer)?

Soooo

I was searching on YouTube (bored as always)
And I found a small YouTube channel (less than 200 subs)
With a Tune that sounded alright

i was wondering if it is legal to use The Tune in my own Video
If i gave that person The credit for it in the video (also in the description with link to they're channel)

This is what it said in the Description of the Video:
Uploaded on Apr 23, 2011
Sheet Music: http://www.mediafire.com/download.php...
Please credit me if you use my score in any way :3


And at the very Bottom it said, Creative Commons Attribution License (reuse allowed) whats that? it also gave me the option of remixing the Video.

Also Here is the link to the Video On YouTube if it helps more: http://youtu.be/xhGah4Pq8ao

Thanks In Advance to anyone reading this and giving me an answer
-Kevin,
7/9/2014
USA 


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If the tune is not copyrighted or not copyrighted in your country and your country doesn't have a copyright agreement with the country that has a copyright on the tune, you are free to do with it as you wish in your country.

If the authors of the tune are dead for 25 years or more the copyright has expired also.

But as a published Author with a number of copyrights get approval from the author first if you can, if he doesn't like what you plan to do with the tune, he may be able to stop you under a number of causes and your work was all for not.

As an author, as long as and what you do with my poetry and stories is true to the poem or story and doesn't reflect badly on me, go ahead.

But if you are going to make money off it, I want my royalties, or you are a pirate.

Joe

That all may be true with a full rights copyright but in this case the author published it under a Creative Commons Attribution license. Essentially the only restriction is that the original author is credited, even for commercial use.

Contacting the license holder may be the polite thing to do but he can't choose to make the license more restrictive now, only less.

The CC website also said:

Notices:

  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

Joe

A warranty on a license guarantees that the newly licensed material doesn't violate anyone else's rights.

It is probably the polite thing to contact the creator for any usage case but for nearly all re-usages you will be covered legally by the provided license with out express consent from the creator. If every license requires you clear the usage with the license holder then what is the point of various licenses?

What that means is there are hidden rights that are not mentioned such as rights held by my publishers that are not mentioned in the copyright declaration of my novelette.

© 2008 by Josehf Lloyd Murchison.

All rights reserved. No part of this book may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of the publishers, except by a reviewer who may quote brief passages in a review to be printed in a newspaper, magazine or journal.

What is not written in the copyright and the CC website is you can reproduce a percentage of the book, song, or tune for reasons not mentioned and you cannot use any part for reasons not mentioned.

To try to explain what that means as an example my book, “Melodious Verse”, has a poem in it called, “Curse of the Faceless Woman”.

The poem is well under the percentage of the books copyright needed to get permission.

So if you were to make a movie with a scene where an actor recites that poem in front of a bond fire on a beach in the middle of the night, you don’t need my permission as long as I am mentioned in the credits.

(Who reads all the credits?)

However if that movie is that poems story line, even if the movie is not called, “Curse of the Faceless Woman” you cannot use the poem in the exact same scene or not without my written permission. Then again as long as you don’t use the title or the poem you can use the story line without my permission.

There are rights like movie rights that were not given away but it can be used and it cannot be used.

I publish in books and I publish on line but nowhere have I given away my movie rights and yet movie rights are never mentioned. That warranties is about unmentioned rights.

I know some times it is a head banger.

If you are interested you can read the poem, “Curse of the Faceless Woman’, and the legend here.

http://urbanlegendsonline.com/the-curse-of-the-faceless-woman/

When looking up sights I found this YouTube and I love the job these young kids did with Curse of the Faceless Woman.

<iframe width="420" height="315" src="//www.youtube.com/embed/P_fx8V7YmHg" frameborder="0" allowfullscreen></iframe>

Joe

Darn the embedded YouTube didn't come out, ok go here:

http://youtu.be/P_fx8V7YmHg

Joe

I think the song was made in Japan and then it was remade and remixed by this person and he(she) posted it to youutbe. i live in the USA is this copyright?.

and ive tried Private messaging this person but wont answer sooo lol

and im not making money of it

Edit:

Thanks Bwrussell and Joe

now you're in a grey area. It's entirely possible that the first remix is breaking copyright law and any subsequent uses or remixes will too.

If you aren't making any money directly (video monitization) or indirectly (if the video advertises something) then you more than likely will be fine, especially since the remix hasn't been removed. At most you will have to remove the video. Just attribute the remix since it's the best you can do at this point without serious research or expense.

KittyOfCamelot (author)  bwrussell2 years ago

Well i searched the United States Copyright Office and could not find the song anywhere (i also searched the original authors name and he also didnt appear in the records)

All well and true for All Rights Reserved I'm sure but in the context of his question it's irrelevant. Reusing a CC-BY licensed song in a sound track is covered in the plain text of the license, no express consent needed.

It also says it may be used in any form or medium and can be transformed and adapted at will. If that doesn't cover turning the plot of the song into the plot of a movie I'm not sure what does.

I think the song was made in Japan and then it was remade and remixed by this person and he(she) posted it to youutbe. i live in the USA is this copyright?.

and ive tried Private messaging this person but wont answer sooo lol

and im not making money of it

bwrussell2 years ago

From the CC website:

You are free to:


  • Share — copy and redistribute the material in any medium or format

  • Adapt — remix, transform, and build upon the material

  • for any purpose, even commercially.
    • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:



Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

You are good to go so long as you follow the terms above (attribute the original artist, link to the license, and point out if you made any changes. You can find the license HERE.

rickharris2 years ago

Unless the tune is royalty free then no - Unless you pay to use it that song belongs to someone. it is possible that youtube will detect the use and mute the sound track.

+1

S0uraV_DAS2 years ago

Of course you can use the video(tune)...It says reuse allowed! But remember to give credit to that person for the tune...that is important. Otherwise youtube might mute the track.