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Is playing copyrighted music on YouTube from a smartphone legal? Copyright

Discussion in 'Copyright, Trademark, Patent Law' started by Miami Heat Lover, Feb 28, 2020.

  1. Miami Heat Lover

    Miami Heat Lover Law Topic Starter New Member

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    #1: If the owner of the copyrighted music authorizes the music be in the video?



    #2: If the owner of the copyrighted music is the one who uploaded the video with the copyrighted music?



    #3: If the copyright owner did not permission the copyrighted song in the YouTube video?




    Thank you all in advance.
     
  2. army judge

    army judge Super Moderator

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    Yes, one can stream/play such content on a laptop and/or tablet, too.

    If one has the capability, one can even stream the video and play it on her/his/their smart TV.

    That said, "Stream away, your listener, stream away."

    Caveat, as you will soon discover (should you choose to read the commentary below), the issue is unsettled, in that law appears to be somewhat unsettled on the matter.

    That said, YouTube undertakes the burden of removing suspect media.

    You also might wish to research "fair use".


    Read what these legal experts have to say on the matter, mate.

    https://www.avvo.com/legal-answers/legality-of-watching-youtube-videos-1153173.html
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    The question here is whether the person who had permission to use the song in the video also has the right to distribute the video via YouTube. If the answer is no, then the person who made the video and uploaded it is violating the copyright, and those downloading the song to watch it might also be violating the copyright as well.

    In this case the copyright holder has apparently given his/her consent for the work to be in the video and consented to it being distributed via YouTube. Thus, any YouTube user could watch the video/listen to it without violating the copyright whether on a computer, tablet, or smartphone. Any use beyond simply watching the video on YouTube might violate the copyright, however.

    That is clearly a problem for the person who uploaded it and may also be a problem for those who then download it and view it on YouTube.
     
  4. welkin

    welkin New Member

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    Those watching the video in a non-commercial setting have no exposure to copyright infringement if the work was for private viewing. It would be infringement should it be used to make a derivative work or the watcher distributed the video to others..


    There are two parts to copyright law in this situation. The first is the copyright itself by both the author of the music and the copyright of the lyrics if not the same author. The second part is what is called a synchronization license.


    Although the Copyright Act does not refer explicitly to a synchronization right, it is generally understood to be an aspect of music owners’ reproduction and/or derivative work rights.

    Peloton (last year) was sued for $150 million because they did not get sync licenses for the music their instructors used in the online workouts even though they had copyright licenses to use some of the music. The case is ongoing and easily found online. A counter-claim by Peloton was dismissed this week and now they will have to try the case for infringement.

    https://www.copyright.gov/policy/musiclicensingstudy/copyright-and-the-music-marketplace.pdf
     
  5. Zigner

    Zigner Well-Known Member

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    By the same logic, as long as someone only used the stolen television (that they bought for $20 from the guy on the corner) in their own home for personal use, there would be no problem with possession of stolen property either.
     
  6. flyingron

    flyingron Active Member

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    YouTube manipulates (some might use other terms) a variety of copyright issues. As pointed out, there's the base issue of copying the original composition and musical performance. As already pointed out, if you're going to set a visual (video or live performance) to it, you need synchronization rights. To play it as part of a public performance (whether it be a website, on conventional radio/TV, or in a live venue) requires performance rights.

    YouTube uses a forked approach (I got this from their VP at a lecture). There's tons of stuff being uploaded all the time. Most is automatically screened. First there are some rights holders who have entered into agreements with YouTube. Ever see someone's home movie with a commercial song as a soundtrack and see a popup to buy the song? Others are outright rejected because they contain material known to be infringing. YouTube has also negotiated rights with the major PROs on straight performance rights. You'll note that YouTube makes it extremely difficult to save the stuff that you find there. This is intentional.

    Their last line of defense is to have an agressive OCILLA pull of anything reported as infringing.

    As for the original poster. Unless YOU were the one involved in uploading the music or you are using it in a way other than for your personal viewing (i.e., playing it as music on hold, or as background music in a public establishment, etc...), you're not going to have problems. As far as uploading copyright material, usually the worse thing that happens is that it disappears from YouTube without warning. If you persist, they'll block you from further use.
     
  7. welkin

    welkin New Member

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    That is correct. However, the buyer of that television show is not the person who is pirating it and is not the infringer.
     
  8. flyingron

    flyingron Active Member

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    Bad analogy. While I'd sort of agree with it if you were talking about people making copies for personal use, just viewing them on YouTube would be more in line with people being held liable for watching network TV when the station aired an infringing program.
     
  9. zddoodah

    zddoodah Well-Known Member

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    If the video on YT is authorized, then you can legally play it from any device that can access YT (unless you're further transmitting the playback or using the playback in a public performance).

    Your second question is not appreciably different from the first, and the answer to the third should be rather obvious.

    My guess is that your post intentionally omits important facts.
     

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