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  1. Registered User

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    Default "Cover songs", drum solo, Youtube, copyright law...

    One my acquaintance bassist has put a cover song of a famous metal band on Youtube (he plays bass in his rehearsal room on that video). And soon he has got a letter from Youtube administration, they said this cover is illegal.

    So we see it is not legal to cover a song and put it on Youtube. But what with drum solo? For example, if I want to repeat solo of Thomas Haake, Dave Weckl or someone else and put it on Youtube - will it be illegal also or not?

    Have you ever encountered with it?

  2. Some Internet Guy

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    It's a touchy subject. I think if you are making a video to explain or show HOW something is played, then technically it is not illegal. The part that is illegal is uploading a song that doesn't belong to you and playing over it. Basically you're distributing that song via youtube, and you don't have the right to do it because you are not the copyright holder.

    But I've done it. It also depends on the bands, too. If certain bands own the copyright themselves (which is not always the case, sometimes the record companies own it), then they may not care if someone does a cover of their song on youtube. After all, it's just free publicity for them.

  3. I deserve this...

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    I don't think your friend's cover was illegal, particularly if he credited the original artists with the actual writing of the song. If he did, YouTube doesn't have a case.

    If you want to try to copy a drum solo that's your business. If you're copying it because you want to learn technique, then it's for educational purposes and not infringement.

    Ever since Google bought YouTube they've been cracking down on copyright infringement, but most of the time their definitions of infringement are different than the legal definitions. More to the point, Google is based out of Mountain View, California, here in the United States. You're in Russia. There may be different national copyright laws, but a good rule of thumb is to assume that if you upload something to YouTube, it's subject to American copyright law.
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  4. Applicable Picture

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    Drum solos are harder for youtube to track as a copyrighted performance due to the fact that most of them sound relatively similar to non-drummers. Now let's say you play Moby d ick (Led Zeppelin) note for note off the album, that would likely get nailed.

    (LoL, seriously, it's a song title, I'm not trying to bypass the language filter.)

    In reality, I wish youtube would crack down better on copyright, as I was trying to find a video on there earlier today and couldn't because 50,000 knock-off videos or remakes of the songs were posted which ALL infringe on copyright. Oh, and most of them suck compared to the original.

  5. Hot and Dangerous

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    As long as you give full credit to the original artists and clearly state you are just doing a cover of it, there should be no problem.

    As for solos, hardly anyone, besides drummers, are going to realize if you are doing a solo from another drummer. If it was a very famous solo, ex. Joey's from Disasterpieces, then it would probably get attention. Nonetheless, I would still credit the original artist. You see on some videos they have "inspired by (insert drummer)" and that should also be fine because you state that you are using some licks or grooves from another solo and you also state where you got it from.
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  6. Some Internet Guy

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    I think the issue is if you include the original track in your video. If that recording is copyrighted and you duplicate it by uploading it to video, technically you're breaking the law, even if you are covering it. I dunno.. I'm not a lawyer. Covers might be acceptable as reproduction for instructional purposes, which is not illegal.

  7. I deserve this...

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    Quote Originally Posted by SippyCup View Post
    I think the issue is if you include the original track in your video. If that recording is copyrighted and you duplicate it by uploading it to video, technically you're breaking the law, even if you are covering it. I dunno.. I'm not a lawyer. Covers might be acceptable as reproduction for instructional purposes, which is not illegal.
    This. It also goes with what I mentioned earlier regarding educational purposes.
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  8. Registered User

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    Quote Originally Posted by SippyCup View Post
    It's a touchy subject. I think if you are making a video to explain or show HOW something is played, then technically it is not illegal. The part that is illegal is uploading a song that doesn't belong to you and playing over it. Basically you're distributing that song via youtube, and you don't have the right to do it because you are not the copyright holder.

    But I've done it. It also depends on the bands, too. If certain bands own the copyright themselves (which is not always the case, sometimes the record companies own it), then they may not care if someone does a cover of their song on youtube. After all, it's just free publicity for them.
    Actually this is fair use. You are playing over the songs for purposes of education (others can see and learn from it) youtube has no case. Simply make sure that in your video in the more info section you put that it is used under fair use and who did the original.
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  9. Band

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    There is a whole crapload of gray-area when it comes to youtube and streaming internet video. If youtube says you can't do it, then you can't do it, period, even if your intentions are "educational". They are responsible for the content on thier site. I read a blog a month or so ago that youtube was ordered to pay liscencing to the ASCAP or BMI for the music that is broadcast on thier site. If this is true, then hypothetically, it may be OK to post cover tunes sometime in the future. For now though, better follow the tube's lead.........

  10. Hot and Dangerous

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    Cobus is a great example. Look how he credits everything, very precise. Youtube doesn't touch him at all, but that could be from his millions of views, whatever, screw him and his popularity

    ...I wanna be popular
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  11. Registered User

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    Quote Originally Posted by duhhh View Post
    If youtube says you can't do it, then you can't do it, period, even if your intentions are "educational". They are responsible for the content on thier site.
    So, for example, I have no right to put a cover song on Youtube. As I see the situation, a label, who has rights on a song, may sue to me. And Youtube is a co-respondent as a channel for putting my video. Rightly?
    So what is my "danger" if a label sue to me? Fine, prison or something else?
    I suppose, the more popular song, the more a size of a fine?

  12. Registered User

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    Although this has nothing to do with YouTube.....one can still get in trouble for doing covers of songs in a local bar, restaurant or where ever live music is presented.

    A few years back, a local music store owner's son was playing covers of songs on a saxophone in a now closed local restaurant. The restaurant received a letter from some publishing company about how this guy was breaking copyright laws by playing these songs for compensation. The letter went on to state that they as well as the sax player could be sued for breaking these laws.

    Nothing ever became of the threatened lawsuit and the guy had to quit playing.

    Till this date, the music store owner still doesn't know who turned his son in. He believes it was another musician who was fired from that restaurant...which like I said....is closed and has been for about 4 years.

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