Youtube Covers: Licensing Questions

[Tobin James Frank]

Hi all,

 

This is my first post on songstuff.  I tried searching "youtube covers" in this forum, in the hopes that someone else has already asked the same question, but couldn't really find anything.  If it's already been addressed, my apologies!

 

I'm planning on recording some cover versions of jazz standards and uploading them to YouTube.  I wouldn't be using the recordings for any other purpose besides YouTube.  I'm trying to find out about the licensing details.

 

A really good website that I found that got me partway to finding an answer is www.harryfox.com.  Specifically, this page:  https://www.harryfox.com/license_music/youtube_license.html, where it says this:

 

"To use the song composition, you need to negotiate a synchronization license directly with the music publisher.  

 

However, many music publishers have entered into license agreements with YouTube permitting the use of the songs they control in exchange for a percentage of any advertising revenues (although in some cases the publisher may set a policy that a particular song is blocked from use)."

 

But, I can't figure out what songs would fall under that category of having already entered into agreements with YouTube.  Finding and contacting the publishers of each individual song seems unnecessarily prohibitive, especially if they've already negotiated the agreement.  Does anyone know if there is a list anywhere of the publishers and/or works that do fall under this category?  It would seem that for people like me (and looking on YouTube for jazz standard covers it seems there are many) it would be useful to both the musicians in question and the publishers themselves to have this information published somewhere, though I can't find anything like this online.

 

I'm guessing that all the people who do jazz standard covers on youtube have just uploaded them without worrying about it, and if they happen to get a take-down notice, so be it.  For myself though, I want to be confident that everything is totally legit before I even get started.

 

Some of the songs I was planning on recording (though it's not limited to these) are:

 

Summertime (Gershwin/Heyward)

The Girl From Ipanema (Jobim/Moraes)

Autumn Leaves (Kosma/Prévert)

What a Wonderful World (Thiele/Weiss)

Caravan (Tizol)

April In Paris (Duke/Harburg)

etc.

 

So, the main thing I'm after is finding a way to determine if a particular song falls under the "already existing agreement" with YouTube.  Any help from anyone would be greatly appreciated!  And, if there is anyone who is actually an expert in the field, I'd also be happy to pay a consulting fee to chat with you to get some of these answers.

 

Thanks very much!

 

Tobin

 

 

[TapperMike]

Harry Fox has a pay service for licensing called songfile.

http://www.harryfox.com/

[TapperMike]

Just wanted to add.  Nice collection of standards.  Check out my Setlist here -

http://forums.songstuff.com/topic/42041-calculating-a-set-list/

 

Completely forgot about April in Paris.  I did that years ago and need to add it to my own.  What a great song.

[john]

As far as I know there isn't a shortcut. Many writers will license through HFA, but not all. Certainly I would start with www.songfile.com

[Bernd]

"To use the song composition, you need to negotiate a synchronization license directly with the music publisher. "

 

As the others mentioned that is actually handled by collecting socienties (Harry Fox Agency in the US for 'mechanical' rights).

 

"However, many music publishers have entered into license agreements with YouTube permitting the use of the songs they control in exchange for a percentage of any advertising revenues (although in some cases the publisher may set a policy that a particular song is blocked from use)."

 

That's correct but has nothing at all to do with privat users who upload songs. The Youtube conditions that you have to agree to before uploading anything require that you have cleared the rights beforehand.

 

"So, the main thing I'm after is finding a way to determine if a particular song falls under the "already existing agreement" with YouTube."

 

See above.

 

"I'm guessing that all the people who do jazz standard covers on youtube have just uploaded them without worrying about it, and if they happen to get a take-down notice, so be it."

That describes it correctly. The 'risk' when uploading songs that have not been licensed is that the files will be deleted if the owner (usually represented by the collecting society) demands it (they hardly ever do).

Have fun,
Bernd

 

[john]

The risk is actually more, in that there is a "number of strikes" policy, that can see you banned from YouTube. Incidentally it isn't whether the publisher issues a take down (although that would certainly start the removal process). The process of removal can be started if anyone reports it, or if their policing algorithm flags it. Firstly it enters into a suspension of the video process and a time limit set on proving that permission has been given for usage.

 

My understanding is that a ban can cover Google services, beyond YouTube.

[john]

 

To clarify something John, reporting possible infringement of someone else's copyright isn't one of the options offered by Google currently.

To be perfectly honest, there have been several times in the past where I wanted to report what I knew to be an infringement, but couldn't find a clear cut way to do it. To make what I'm saying a little clearer, I ventured part-way into the Youtube reporting process a moment ago & copied their current report criteria.

 

 

 

Notice the specific nature of the "Infringement" criteria...."Infringes MY rights". That says to me that no one except the legal holder of rights is entitled to report a suspected infringement. I assume they chose that wording deliberately because they only wish to hear from those with a financial stake in the actual infringement. Honestly, it sets the bar pretty high for reporting. I didn't!

 

 

The YouTube form was one method using a DMCA report, but they used to have a "report this url" form on google.com that allowed any site to be reported for the purpose of removing it from search results, but it also had other effects. When you reported a YouTube or other Google url they took action themselves.

[Tobin James Frank]

Fair point Tom,

Thanks to everyone who responded to my original post, and my apologies for not doing so sooner.

[john]

You're welcome Tobin. I hope the discussion went some way to answering your questions? Have you tried songfile yet? If you do it would be good to know how you get on. It's been a long time since I recorded a cover, so first hand experience of current tools and processes is always useful. I am sure other members would be interested in your experience.

 

Perhaps, once you have been through the process, you would be willing to make a quick topic/post describing what you did, how you went about it and offering your recommendations? I am sure other members would find it valuable. Additionally, just like song writing feedback, it is possible that other members will look at what you did and suggest improvements that could help you for any future covers.

 

[Sreyashi Mukherjee]

O.P. sticking around or not, this is still a fine topic with great, valuable suggestions. Thanks, all