{"id":4440,"date":"2012-04-04T01:24:21","date_gmt":"2012-04-04T05:24:21","guid":{"rendered":"http:\/\/www.musicalamerica.com\/mablogs\/?p=4440"},"modified":"2012-05-01T18:27:31","modified_gmt":"2012-05-01T22:27:31","slug":"posting-musical-performances-on-youtube","status":"publish","type":"post","link":"http:\/\/www.musicalamerica.com\/mablogs\/?p=4440","title":{"rendered":"Posting Musical Performances on YouTube"},"content":{"rendered":"

By Robyn Guilliams<\/strong><\/p>\n

Dear Law and Disorder,<\/em><\/p>\n

What are the copyright issues in posting a performance of a piece of music on YouTube for global streaming?\u00a0 And, since people can easily download YouTube content, what are the implications for the person who’s posted it, or the downloaders for that matter?<\/em><\/p>\n

Before answering your question, I want to clarify that there are two separate copyrights in a videotape of a musical performance \u2013 the copyright in the music contained in the video, and the copyright in the video itself.\u00a0 The copyright is usually owned by the creator of a work.\u00a0 In the case of the musical composition, the copyright would be owned by the composer (or perhaps the composer\u2019s publisher, if he or she has one.)\u00a0 In the case of the video, the owner of the copyright would be whoever created the\u00a0video<\/em> (and NOT the individual performers \u2013 which is a common misconception!)<\/p>\n

Now, on to your question\u2026\u00a0 The answer depends on who owns the copyrights to the video, and the underlying music in the video.\u00a0 If you make a video of yourself performing your own music, and you post that video on YouTube, there are no copyright issues.\u00a0 Because you own the music being performed, AND you own the video, you have the right to post that video on YouTube or anywhere else on the Internet.<\/p>\n

However, the answer changes if you don\u2019t own the music.\u00a0 If the musical copyright is owned by someone else, you would need that person\u2019s permission to perform the music (i.e., a performance license for the\u00a0music<\/em>), to videotape the performance (a synchronization license), AND to broadcast that video via the Internet (a performance license for the video<\/em>).\u00a0 Of course, it\u2019s not necessary to have three separate documents, but you would want to be sure you have all of the permissions you need in one license!<\/p>\n

The answer also depends on who owns the videotape of the performance.\u00a0 As noted above, the owner of a video usually will be the person who creates the video.\u00a0 So, if you perform your own music, but someone else records that performance, then\u00a0that <\/em>person will own the video, and you would need that person\u2019s permission to post the video on YouTube.<\/p>\n

Downloads implicate yet another potential license requirement \u2013 a distribution license!\u00a0 If you don\u2019t have a right to distribute the video \u2013 or the music contained in the video \u2013 both you and the illegal downloader could be liable to the copyright holders.<\/p>\n

The moral here is that, before posting any audio or video recording on the Internet, be sure you have all of the necessary permissions \u2013 preferably in writing!<\/p>\n

__________________________________________________________________________<\/p>\n

For additional information and resources on this and other legal\u00a0and \"\"<\/a>business issues for the performing arts, visit ftmartslaw-pc.com<\/a>.<\/p>\n

To ask your own question, write to lawanddisorder@musicalamerica.org<\/a>.<\/p>\n

All questions on any topic related to legal and business issues will be welcome.\u00a0However, please post only general questions or hypotheticals. FTM Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.<\/p>\n

__________________________________________________________________<\/p>\n

THE OFFICIAL DISCLAIMER:<\/strong><\/p>\n

THIS IS NOT LEGAL ADVICE!<\/strong><\/p>\n

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!<\/p>\n