Best filter/effect/Technic to beat yt's copyright policy (fair use)

Marty111 wrote on 6/6/2019, 7:55 PM

Good evening everyone, I'm making a parody of a song and for it I need the original clip of a famous song. I'm not making any money out of this, nor am I using any of youtube's money making ad schemes. Where I live parody is considered fair use, but youtube is american so it has its own understanding of the law. Anyway, I just wan't to publish my work and so far youtube detects the vidéo and blocks it whatever effect I try in Vegas pro. (I tried a lot of them already) I have read somewhere that they spent 100 million dollars on their copyright detection program.

Comments

fr0sty wrote on 6/6/2019, 8:33 PM

There is no magic bullet to help you there... your best bet is to actually perform that part of the song yourself.

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Marty111 wrote on 6/6/2019, 9:37 PM

Hi Frosty !
I performed it, changed the words, it's a parody. the copyright is on the video part, not the audio part.

Musicvid wrote on 6/6/2019, 9:38 PM

I agree with frosty -- you are skating on thin ice. Fair use circumvention in the US is radioactive. Also, please see Community rule #5, and consider posting your intentions elsewhere.

5. Promotion of illegal copies and illegal downloads, and pornographic, racist, or discriminating contributions

Requesting, promoting, advertising, and linking to copyright-protected material for illegal purposes is strictly forbidden.

The reason is that the tactics you are proposing present a conflict of interest for many professional users here who make all or a portion of their incomes from the production and sale of legitimate, original, copyrighted works. As an example, see my professional memberships in my signature, to which I am still bound in retirement.

The question I have for individuals who would skirt danger is the obvious one:

Why not just ask for permission to use the material, and give credit where credit is due? The very worst thing they can do is say No.

RUG, Andrew Lloyd Webber's production group, once gave me exclusive limited rights to produce concert material that had not yet been released in the US; all it took was a couple of emails and a signed assurance. It was a breeze, IOW, why all the drama?

Musicvid wrote on 6/6/2019, 9:59 PM

Marty111 wrote on 6/6/2019, 8:37 PM

Hi Frosty !
I performed it, changed the words, it's a parody. the copyright is on the video part, not the audio part.

I left my last post up for archival purposes.

Between you and me, you are possibly ok for YouTube, but don't take that as permission, endorsement, or legal advice. You see, I played the high side of this game for 23 years.

 

Marty111 wrote on 6/6/2019, 11:24 PM

"Why not just ask for permission to use the material, and give credit where credit is due? The very worst thing they can do is say No."

Because it's a parody. It desecrates the work of others by definition. Do you really think Disney gave

any authorization for that :
I think not. But it's masterpiece parody nonetheless, and it deserves to be spread.

These copyright holders that have the power to apply censure to your work on youtube are billion dollars making big majors, they're not your hard-working good and dedicated fellow american colleague.

Marty111 wrote on 6/6/2019, 11:39 PM

By the way you can see that American legislation is bullying the artists, I mean they had to sing "An African catchphrase" instead of "Hakuna matatah", obviously because they are afraid to be sued.

Classical culture is all about lineage and memory, declining the same all over again and again. The idea that you can be a creator ex-nihilo is a stupid misunderstanding of Art. The Italian painters of the renaissance didn't have to pay Jewish people for using their book (the ancien testament), thanks to that we actually have a culture.

Musicvid wrote on 6/7/2019, 11:40 PM

A parody is not desecration by definition. A lot of it is funny, and elevated by the artists themselves.

But you have a mission without responsibility. We just have to make a living.

This technical / production forum is not your soapbox. Sayonara!

https://www.vegascreativesoftware.info/us/community-rules/

 

Marty111 wrote on 8/26/2019, 5:16 PM

I think it has a lot to do with linguistics, in France Parody is a real art, acknowledged as so by law (No chicken shit about "fair use" or whatever, you have the RIGHT to parody whatever you want, and that's it). It's not easy to write a parody in French but not impossible, you just have to reuse the rhymes and the essence and transpose them into anther context, there lies the difficulty and the feat.

Writing a good parody in English is too hard because you have to respect the stress and intonation and the rhymes, which makes it pretty impossible. It's already nearly impossible to write outstanding song lyrics in English anyway : Oasis ( Which I love btw)'s lyrics are kinda dumb if you just read them.

In some other languages like German, it's the opposite, a parody would make no sens because it would be too easy to achieve, too many words in the language have the same endings because of declension, therefore no feat.

While all french love what I do, all my foreign friends just don't get it, and still wonder why I don't make my own music.
Here's a pretty good parody from decades ago, if you show it to some friends who understand french, they will laugh :
Original :
Parody :

zdogg wrote on 8/26/2019, 5:27 PM

You have an understanding of fair use, you can indeed make that claim, (believe me, I am as much for IP protection as anyone, I loathe the rape of the creative community) and Youtube can look the other way or not, at which point, you could make that case. I also agree that it doesn't hurt to ask for permission, they will see it anyway (in fair use scenario)....they can have a sense of humor as well...

Don't, please, get bent because copyright protection would sometimes overspill its banks, more often, copyright owners are raped. If you're a creative, you should be FOR Copyright protections, not whining about them. Work with the legalities. Cutting and pasting is NOT what Saturday Night live does, however, or Mad Magazine, or other parody creators. It is, admittedly, a gray area, a fine line. But do stop whining about it.

Former user wrote on 8/26/2019, 5:36 PM

Just appeal the copyright citing parody. From memory your video becomes unblocked immediately and if copyright holder disagrees with you they will reblock after review

Marty111 wrote on 8/26/2019, 5:53 PM

Hi Zdogg !
I'm not whining, just stating my radical views which are that art should never EVER be limited by commercial considerations. One is clearly above the other and it's art. Artists are artists, not shop owners. But I don't blame you and the Americans in general for having a different opinion. People from protestant countries have shop owner mentalities, they like it that way, and that how their country is functioning, so as an outsider I'm certainly not going to criticize. I'm just pissed off when it spreads and overflows my sweet, catholic beautiful and all country.

Marty111 wrote on 8/26/2019, 6:03 PM

"Just appeal the copyright citing parody. From memory your video becomes unblocked immediately and if copyright holder disagrees with you they will reblock after review"

Already tried many times, it never works, these are huge majors with hundreds of artists who bough thousands of even dead artists. They just don't answer you.

Anyway I'm sorry to have reopened the discussion, I'm out of youtube now. I was just answering to a Musicvid's two months old reply that I didn't see back then.

zdogg wrote on 8/26/2019, 6:15 PM

Marty, art is produced at a price, oftentimes, especially music and film, and to USE other people's work in pursuit of YOUR own production of an artistic work is not exactly some egalitarian "can't argue against" idea. I mean, it is sometimes ok, but sometimes absolutely not, there is no hard and fast rule. But you don't have an absolute right to other's creative work, that's just bullshit, excuse my French, as we say.

 

zdogg wrote on 8/26/2019, 6:18 PM

Anyways, Marty, it is perfectly OK to bring up the subject, and it is really the sort of thing artists need to discuss, and discover what are the proper boundaries. I don't think this is a Catholic/Protestant issue. Catholic artists like to get paid just as well as do Protestants, IMHO. Cheers.

Former user wrote on 8/26/2019, 6:19 PM



Already tried many times, it never works, these are huge majors with hundreds of artists who bough thousands of even dead artists. They just don't answer you.

 

It's an automated process and unless it's changed, the default action is that your video is released from it's copyright claim (unblocked in your case) until the copyright holder reviews appeal. If they do not review your video then after 30 days the review process is automatically ended and youtube rules in your favour.

Marty111 wrote on 8/26/2019, 6:25 PM

"But you don't have an absolute right to other's creative work, that's just bullshit, excuse my French, as we say."

Actually I do :
https://www.communia-association.org/wp-content/uploads/2016/06/report-2-parody.pdf

Marty111 wrote on 8/26/2019, 6:35 PM

"I don't think this is a Catholic/Protestant issue. Catholic artists like to get paid just as well as do Protestants, IMHO. Cheers."
Well, I think it is, you know, different countries, different cultures, at least you have a strong sens of propriety which is a good thing.

Marty111 wrote on 8/26/2019, 6:46 PM

You have to understand that parody is really a thing in our culture, it's acknowledged as art. See for instance, this very famous song we had in France back in the 80's :

Those guys made a parody of it, and they even ended up singing it together with the original singer. By the way they also making fun of American westerns :)

Marty111 wrote on 8/26/2019, 6:56 PM

Anyway we do pretty much what we want, see for instance, the famous American series "Dallas", we thought the music wasn't good enough so we changed it for something of our own before airing the show , something more adapted :)

The french public never actually ever heard the original American song, (or maybe they put the original in the credits, at the end, I don't remember).

Marty111 wrote on 8/26/2019, 7:00 PM

https://www.the-medium-is-not-enough.com/2016/03/dallass_theme_tune_had_lyrics_but_only_in_france.php

And we did that with all American series.

The Starsky and Huch French theme is so better than the American one, you have to admit :

Marty111 wrote on 8/26/2019, 7:29 PM

Last one before going to sleep :

Marty111 wrote on 8/26/2019, 10:40 PM

Right, forgot about that..