Using Copyrighted Music Legally in Video
Copyright is a type of intellectual property right that grants the creator of an original work, such as music, literature, or art, the exclusive right to reproduce, distribute, display, alter, or augment the work This unique protection is governed by law. Creating and posting content for YouTube (and other online platforms such as websites) that incorporates copyrighted music requires the permission of the copyright holder.
You must obtain permission from the Copyright Holder to use copyrighted works in your videos. A license that grants you permission to use a copyrighted work in a video format is called a Synchronization License.
This legal requirement is true whether you are making a video recording of a live performance, a video rendition of a ‘cover song’, or 'synchronizing' background music to a film or a montage of still images. This is true as well whether you represent an organization or an individual, whether your work is for a commercial outfit or a non-profit. Failure to get permission from the copyright holder is legally construed as copyright infringement and can result in the removal of your video(s) from YouTube and other legal action brought by the copyright holder against you or your organization.
The Terms of Service at Google/YouTube state:
‘The Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.’ - More information on your responsibilities per YouTube’s Terms of Service
Using copyrighted music on YouTube legally requires careful attention to detail and a thorough understanding of copyright law. By understanding your responsibilities with regard to using copyrighted music in your videos, you can avoid copyright infringement and create content that is worthy and legally compliant.
How to obtain permission for use of Paul Halley’s music for use in video for any purpose, including YouTube and online content:
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Contact Pelagosmusic. Identify the song you propose to include in your video and provide information about you or your organization, the proposed licensee. When we have determined the scope of your request, we will refer you to our designated agency TresonaMusic.com to complete the license process.
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Or go directly to Tresona Music Home :: Tresóna Music. You can go to Tresona directly to obtain your license. You will set up an organization account with Tresona and enter the information for the song for whichyou are applying for licensed permission. Paul Halley's works are attributed to his publishing entity called Back Alley Music. You can look up songs under composer or publisher name (Paul Halley or Back Alley Music). When you have entered the details in your license application, Tresona will notify us to have us approve or deny your request. Tresona will charge a license fee on behalf of Paul Halley/Back Alley Music and will then provide you with a written agreement outlining the terms of use of your Synchronization License.
Best practices once you have obtained permission to use a copyrighted work in your video
Correctly Caption and Attribute Licensed Music. When using licensed music, it’s essential to properly caption and attribute the music to avoid copyright infringement.
Capitalize the title. Capitalize the title of the song in the description box.
Provide complete credits. Provide credits to the original creators, such as the songwriter, composer, or recording artist. Add a link: Add a link to the original artist’s website or the music licensing platform.
Common Pitfalls to Avoid.
Failure to obtain permission: Failing to obtain permission from the copyright holder or music licensing platform.
Inadequate attribution: Failure to provide proper credits and attribution to the original creators.
Consequences of Copyright Infringement.
Video takedown. YouTube can take down your videos for copyright infringement.
Fines and penalties. You may be fined or penalized for copyright infringement.
Legal action. You may be sued by the copyright holder.
