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Monk
Hey, I just read this (I know it's a few months old now) and I think this guide is kinda misleading. You start by citing your research in Fair Use as the basis for the guide, but I'm not sure you ever actually touched on it. What you're referring to in this article are policies specific to YouTube. YouTube was running in to troubles legally a while back, and had to come to an agreement with the record labels that had a problem with them hosting content that had their music in it without the proper license. What they have now are licenses from the record labels that have certain restrictions they have defined. This is akin to the type of license you'd need to seek out as an individual, but YouTube has done it on your behalf to protect their platform.

When you post your animation to YouTube, it does not grant you a global license to use that music. It just means that they are okay with you using it on YouTube - as long as you're following the terms of the license. This process has nothing to do with Fair Use. Fair Use is a legal doctrine that outlines when copyright infringement does not apply. It's why a lot of people on YouTube are angry about the system YouTube has in place not adequately protecting their rights under Fair Use.

Fair Use doesn't protect you just because you don't make money from it - the specific YouTube licenses do. I think young animators should understand this if they ever intend to make money off their work. I don't think you should worry about being sued or going to jail just for using copyright music in an animation, but it's better to arm yourself with this knowledge if you intend to become a full time animator because I guarantee it will apply to you.

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Dojo Partner
Jeff wrote:
Hey, I just read this (I know it's a few months old now) and I think this guide is kinda misleading. You start by citing your research in Fair Use as the basis for the guide, but I'm not sure you ever actually touched on it. What you're referring to in this article are policies specific to YouTube. YouTube was running in to troubles legally a while back, and had to come to an agreement with the record labels that had a problem with them hosting content that had their music in it without the proper license. What they have now are licenses from the record labels that have certain restrictions they have defined. This is akin to the type of license you'd need to seek out as an individual, but YouTube has done it on your behalf to protect their platform.

When you post your animation to YouTube, it does not grant you a global license to use that music. It just means that they are okay with you using it - as long as you're following the terms of the license. This process has nothing to do with Fair Use. Fair Use is a legal doctrine that outlines when copyright infringement does not apply. It's why a lot of people on YouTube are angry about the system YouTube has in place not adequately protecting their rights under Fair Use.

Fair Use doesn't protect you just because you don't make money from it - the specific YouTube licenses do. I think young animators should understand this if they ever intend to make money off their work. I don't think you should worry about being sued or going to jail just for using copyright music in an animation, but it's better to arm yourself with this knowledge if you intend to become a full time animator because I guarantee it will apply to you.


Thanks for clearing that ambiguity up! I'll update my post to reflect your info.

My simplification was my attempt to eliminate the fear surrounding copyright.

Fear kills so many ideas, since the mere mention of "necessary legal knowledge" scares off new artists (before they even attempt to become good enough for full time).

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Monk
can you guys give me some songs?


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Villager
Mr. Glideguy, you do have points about using copyrighted music but one question: can you use a song that is old and copyrighted?

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Grasshopper
Unfortunately the Fair Use law isn't in Australia.... we got the Fair Dealing law that only allows copying without permission for education, reporting the news, parodies, criticism and reviews
but not artistic use :'D

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