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TheJitFace

Is it legal for music labels to copyright claim videos?

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Posted  Edited by TheJitFace

Is it legal for music labels like UMG to do DMCA takedowns on YouTube videos or twitch streams that play music in the background? I think this is illegal and an abuse of the copyright law because no one is going to watch a twitch stream for the music like that is their only source. Personally this scumbag companies should be brought to the United States Supreme Court. If they alter the song somehow, even with their own voice blocking some of it out, then there should be no issue right?

 

 

Twitch and YouTube should protect their creators, they are like the NBA and China, not protecting their own. Only interested in money. 

Edited by TheJitFace

jitticus

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It's definitely gray area and both sides will have a good case.  I know for movies instead of music the rule is you can play partial of it not a substantial amount or it has to be for educational purposes; I'm not sure if it's the same for music.  Maybe a good work around for the streamer is to play less than half the songs or something like that then rotate to a new one.


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See, the way i see it is this: should a streamer be struck down for playing music while they play their game? No. Should someone only streaming copyrighted music be smacked with the banhammer? Yes. I've seen people do first listens of albums on twitch and get in trouble, which i think is fair because they're letting a bunch of people listen along with them, thus the artist doesn't gain as much money from their music. So in some ways it's fair and in others it's not.

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52 minutes ago, Salad said:

See, the way i see it is this: should a streamer be struck down for playing music while they play their game? No. Should someone only streaming copyrighted music be smacked with the banhammer? Yes. I've seen people do first listens of albums on twitch and get in trouble, which i think is fair because they're letting a bunch of people listen along with them, thus the artist doesn't gain as much money from their music. So in some ways it's fair and in others it's not.

I agree with your view on this. The problem with these record labels and twitch is that they are punishing everyone for the mistakes of certain people. 


jitticus

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The point of a music label is to sell as many albums as they can, digital nowadays. How would you feel like if someone gave away your stuff for free on the streets and possibly even made a profit from it without letting you in on it?

The internet is so vast you can't just punish people one by one, and copyright laws are just for that. Sorry, not all artists are making big bucks like The Weeknd or Jay Z. Most of them fight to make music and make a living.

 

We all love music and we'd all love if it were to be anywhere, but you can't just shit on the artists all day long.

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Interesting topic, @TheJitFace. Thanks for bringing it up.

 

What @Joshy mentioned sounds like fair use which I see no problem in of course. I am not sure how big an issue this is in terms of music labels? I feel like most often fair use is being screwed by other content creators for non-legal reasons (read drama). Another worthwhile point is that fair use probably includes commentary and other breaks in the music thus it does not try to replace the original intent of the song itself (to be listened to uninterrupted). I think fair use is defined with something like this in mind if I recall correctly. So discussing albums and songs is probably just seen as free advertisement.

 

10 hours ago, Salad said:

See, the way i see it is this: should a streamer be struck down for playing music while they play their game? No.

Could you elaborate on this point? I cannot say I agree since the artists are missing out on profits, and the music is basically being given away for free as @positive remarked. There's a reason for businesses needing licenses to play music in their stores and so on. I feel like having it running in the background is probably the worst case since this is the most common scenario for music and thus the artists miss out on the most profit. Having it running in the background definitely serves the original intent of the songs and thus it cannot be seen as fair use in my eyes.

 

Now this might be me being out of touch, haha, but I actually dislike streams with music since I would much rather play my own music. So the content creator using their own music is a downside to me. One could also argue that this is the best case: I get to support content creators and artists that I like to listen to.

 

Been a while since I looked into laws regarding this, haha, so please correct me if I got something wrong.

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10 hours ago, positive said:

The point of a music label is to sell as many albums as they can, digital nowadays. How would you feel like if someone gave away your stuff for free on the streets and possibly even made a profit from it without letting you in on it?

The internet is so vast you can't just punish people one by one, and copyright laws are just for that. Sorry, not all artists are making big bucks like The Weeknd or Jay Z. Most of them fight to make music and make a living.

 

We all love music and we'd all love if it were to be anywhere, but you can't just shit on the artists all day long.

The artists aren't making these decisions, the streamer trainwreck asked 21 Savage on twitter if he can use his music on stream and 21 Savage said yes. It is the music labels. They already got paid for the music because their music is on platforms like Spotify and Apple Music. Streamers aren't just releasing this music out for everyone else, they just use it in the background to make their stream more interesting. My streams have been muted multiple times because of the abuse of this law. I was using Spotify to play the music, and that platform is meant for everyone to listen.  Most of the time, new artists are discovered through videos and streams. Really, the record companies are screwing themselves over. The artist is already being paid. 


jitticus

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You have to give credit to the musicians/labels in the description (for youtube) in order to claim fair use. Anything else, its fair game for them to copystrike anyone who makes money while using their "property"


 

 


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