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Trapper..... my suggestion to you is to contact the Harry Fox Agency and see what the cost would be to LEGALLY post the song/video to YouTube. If YOU pay the fees, then YOU should be able to monitize the video and collect the income since you would own the license. Buying the license allows you the right to get paid for your efforts.

I rarely record and release the link to cover tunes for the very reason that I do not want to be in violation of the copyright laws.

Here's the real kick in the butt..... Lets say you post the song again..... again illegally....as you said above that you did. The marketing company comes in a monitizes it again. Understand this....NO ONE CARES what your intentions are. No one cares that you just want to cover the song and don't care about the money.... no one cares.

So... even though you have good intentions, the original copyright owners have the right to monitize the song...and.... they STILL have the right, should they decide, to pursue legal action against you for copyright infringement. Unless you have ALL of the proper licenses needed to do what you are doing.... you can still be sued. The amounts they can ask for in a court if they decide to do that can be staggering. Actual and punitive damages are allowed. Actual would be the royalties and perhaps the damage you did to the artist's reputation with your cover. Punitive damages are intended to punish you and make an example out of you so others will think twice.

It's always best to comply fully with copyright law. They may never decide to take legal action, being content to collect the monitization fees, then again, they may decide to have their day in court just to prove a point and make an example for others.


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Originally Posted By: Guitarhacker
<...>
It's always best to comply fully with copyright law. They may never decide to take legal action, being content to collect the monitization fees, then again, they may decide to have their day in court just to prove a point and make an example for others.

I do not agree with the copyright laws as they are written. There are a lot of things I would change (and I have a few copyrights myself). However, I find it best to comply with the copyright laws, because it might not be likely, but it could result in a big mess for me. And I'd like to avoid a big mess.

BTW, my website has been audited twice by BMI. Both times that asked a couple of questions. Both times I answered their questions. And both times I never heard from them again. The fees I paid to the lawyer when I set up my business were worth the money.

Insights and incites by Notes


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Originally Posted By: Notes Norton
Originally Posted By: Guitarhacker
<...>
It's always best to comply fully with copyright law. They may never decide to take legal action, being content to collect the monitization fees, then again, they may decide to have their day in court just to prove a point and make an example for others.

I do not agree with the copyright laws as they are written. There are a lot of things I would change (and I have a few copyrights myself). However, I find it best to comply with the copyright laws, because it might not be likely, but it could result in a big mess for me. And I'd like to avoid a big mess.

BTW, my website has been audited twice by BMI. Both times that asked a couple of questions. Both times I answered their questions. And both times I never heard from them again. The fees I paid to the lawyer when I set up my business were worth the money.

Insights and incites by Notes



All you have to do to understand what CAN happen to you if the copyright owner decides to take action is to recall the hundreds of folks who received bills for royalties due on the songs they had simply posted online for other folks to listen to and download. Some of those were in the THOUSANDS of dollars per song. And many people had posted dozens of songs. Kids were also caught in that mess.

This can happen to you: http://www.theguardian.com/technology/2012/sep/11/minnesota-woman-songs-illegally-downloaded

Of course, she was doing a bit more than posting a cover version... but this paints the picture of what a copyright owner has the legal right to do

Last edited by Guitarhacker; 07/02/15 03:40 AM.

You can find my music at:
www.herbhartley.com
Add nothing that adds nothing to the music.
You can make excuses or you can make progress but not both.

The magic you are looking for is in the work you are avoiding.
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Harry Fox doesn't offer sync licenses Herb.

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Actually, Harry Fox now has a service called eSynch.

However, this is only for the USA and only for music covered in the HFA database. To obtain rights for a track that is not available for licensing through eSynch, you need to contact the publisher and sound recording owner directly. To locate publisher information, you can use the Songfile Public Search or visit:


  • ASCAP
  • ASCAP
  • BMI
  • SESAC
  • U.S. Copyright Office


Hope this helps.

It's still all very confusing and convoluted, though.

Last edited by jford; 07/02/15 06:27 AM.

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Quote from Harry Fox Site.

"NOTE: eSynch is limited to non-commercial use ONLY. eSynch cannot be used to license music for use in videos that will be uploaded to a third party website including YouTube and Vimeo."

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Sorry, I missed that. Well then it's back to BMI, ASCAP, etc for a synch license. But you can post to your own personal web site legally using eSynch, as I understand it. Of course, that doesn't help if you want to monetize it.

I would still have concerns about just posting copyrighted material to YouTube and hoping for the best, when in fact the worst is still a real possibility. Maybe not probably, but still possible.

But it wouldn't surprise me if in the future YouTube comes out with some sort of licensing scheme to post covers with no legal problems (they're own eSynch, if you will).


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Hey there Sundance, I just got permission to post my cover from the company that controls the song that I created called Adore by Jasmine Thompson. You can go here and the video is there. I also created another version where my voice is more out there. Here are the 2 links

Adore Video 1



Adore Video 2

Last edited by trapper456; 07/03/15 09:10 PM. Reason: Made a mistake had to fix it.

Music is an expression that is a universal language, Never criticize anybody to harshly. They need time to grow but when they do, they do. Always be kind in what you say and do because the man upstairs is watching.
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