Copyright is a complicated subject, but if you do it wrong, you could end up in hot water (we`re talking about copyright infringement). You might think that if you don`t intend to monetize your video, or if you`re just making a fan video, you`re aware of the use of copyrighted music on YouTube. But this is far from the truth. At best, if you don`t get copyright permission to use a piece of music in your video, you may be asked to delete it. But you can also have more serious consequences. For example, if you publish your video on YouTube, you can get a copyright strike on your account or mute your video (and yes, even if you only use it as background music in your YouTube videos). They could be prosecuted. The use must be done on the instruction or under the supervision of the teacher “as part of a teaching unit offered as a regular part” of the institution`s “mediated teaching activities”. (This does not prevent students from playing as part of the lesson, as long as they are under the direction and supervision of the teacher.) The general intent of the Act is to ensure that the use is intended for a particular category and not, for example, as basic or ancillary material. And it should be part of regular school lessons, not a side activity. To underline this, the statutes further stipulate that the use must be “directly related to the pedagogical content and material support thereof” of the online course. It must therefore be related to the respective class and it must be important for the content of the class.
Playing music just to entertain the classroom would not qualify. The main question that arises when getting a permit is whether you have to pay for the permit you want. Sometimes the owner of the work does not require payment if the amount you want to use is small or if the owner wants to contribute to an educational or charitable effort. In some cases, an artist or musician seeking to make a name for himself or herself may agree to suspend payment unless the work becomes profitable, or may make payment dependent on other factors. However, verbal approval may be legally enforceable if it is considered a contract under general principles of contract law. In addition, even if you do not have an explicit verbal agreement, you may still have the right to use a work if the permission can be derived from the conduct of the parties. If you cannot find the copyright holder through these organizations, you can try contacting music licensing companies (PRS) for music (representing composers, writers, and publishers) or PPL (representing artists and record labels) for information about licensed recordings. We cannot offer specific legal advice. In general, permission is required to use works, but there are exceptions, such as fair dealing and classroom exhibitions. If you expect your usage/views to be very limited, you can get permission to use the room for free, but if you plan to profit or monetize your video, you`ll probably have to pay a fee to the owner. It`s a mouthful, but fortunately, many universities have websites that deal with these topics. There are checklists for trainers so they can make sure they are following the law.
You should check your institution`s website for this information or ask your school librarian. Finally, remember that you can always count on fair dealing. If you use the copyrighted work fairly, the restrictions I mentioned do not apply. For example, in a drama lesson, it may be fair practice to perform more than a “limited part” of a play. In this case, limiting the special exception would not prevent the fair use of a higher amount in the online course. But it has to be fair use according to the law, not just what you think is fair. After all, the law is the law. A plagiarist is a person who presents himself as the author of words he did not write, ideas he did not conceive or facts he did not discover.
“Plagiarism” is not a legal term; It is an ethical term. You can plagiarize someone without hurting. For example, if a plagiarist is merely copying public domain materials, they cannot be sued for copyright infringement. And you can hurt without plagiarism. For example, all of this answer comes pretty much from Stephen Fishman`s Nolo book, The Public Domain. (See . I have given myself an attribution. Let`s hope he`s not complaining – :-).) What`s worse? A touch of plagiarism can damage a romance writer`s reputation, while hurt means dealing with lawyers and harsh judgments.
If you are unable to locate the copyright owner of the musical work, you can purchase a royalty-free license. Note that royalty-free doesn`t necessarily mean that the license itself is free, just that you don`t pay royalties to use it. However, there are royalty-free options. YouTube`s audio library is a good place to start. You can also search for works that are in the public domain and therefore free to use. We`ve also written a comprehensive guide to finding royalty-free music for your videos.