Can I use Michael Jackson song on my YouTube videos?

Julzwriter

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If I am a making a video, which I want to post on Youtube,
is it ok if I use copyrighted songs?
e.g if I was to add a song by Michael Jackson to play in the background.
Will this be ok or will I be violating copyright laws.
I am asking because I want to make a video promoting my
services and I have added some background music to it.
I want to know if Youtube will take it down or I should just go ahead and post?
 

ulterios

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Youtube will only take it down when there has been a complaint / DMCA /etc. brought to their attention.

That doesn't mean it's ok, because technically you aren't supposed to be using copyrighted material without consent/licensing. However, there are a countless number of Youtube videos that are violating TM's in some way and many/most get away with it.

If possible try checking for a creative commons licensed piece to use, that way you are safe to use it.

Good Luck. :)
 

ulterios

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Well, I always like to be safe rather than sorry. However, many people just use them anyway. I think that lots of people don't realize what they are doing is wrong and they can get their video taken down OR they just don't care.

My luck, i'd have a video that was getting lots of views/hits and then it would get removed. ;)
 

Ron Killian

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I don' think it's worth it, take the time to create the video and it ends up getting sacked. Like ulterios said, many people do it, but doesn't make it legal. Only takes one person to kill it.

Not to mention it opens you up for legal trouble. Why risk it?

Over the years I've gotten my fair share of C&D letters physically mailed to my home. Many big companies have people checking for abuses on the net of their brand or name. Nintendo is good for that.

Last C&D I got was because a digital product I was selling was "too close" to the name of a fitness product.

I am waiting for the days when lawyers realize the gold mine they can pan, just going after violators of names and brands. It's coming.
 

Developer

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If I am a making a video, which I want to post on Youtube,
is it ok if I use copyrighted songs?
e.g if I was to add a song by Michael Jackson to play in the background.
Will this be ok or will I be violating copyright laws.
I am asking because I want to make a video promoting my
services and I have added some background music to it.
I want to know if Youtube will take it down or I should just go ahead and post?
As many before me have already posted, NO, it is NOT OK. Just because
people all across America jay-walk does not mean it is OK... It just means
they did it and happened to get away with it -- but they will eventually
get caught, I'm sure...

I always tell my son "it's only illegal if you get caught" and his response is
always "No daddy, that just means you'll be a nervous wreck until you DO
get caught", LOL. Smart (ass) kid I tell ya, LOL.


You COULD attempt to get away with it, but ( A ) it's still wrong, even
if you don't get caught and ( B ) what message are you sending your
viewers by using illegal content?

As @Ron Killian pointed out, why risk it?

Over the years I've gotten my fair share of C&D letters physically mailed to my home. Many big companies have people checking for abuses on the net of their brand or name. Nintendo is good for that.
So is Google, LOL. Remember the older days when it really did take 3 - 4 days for domains to propagate? Well, years ago, I registered a domain which had the word google in it. I did not do it intentionally against Google or anything, but 2 days later, even before the damn domain propagated, I received a registered mail... Inside was a C&D order from the lawmen at Google. LOL. To this day, they still have the domain registered, LOL...

EDIT: Ooh ooh, and it expires at the end of this year. Looks like I'm gonna have me some trouble to stir up, yeeeeeeeehaw! LOL...
 
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karmadir

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I would answer in this way.

Suppose a child dance on Micheal Jackson song and post it on youtube. Will he be in legal trouble? I don't think so. Therefore, it won't be wrong if you play Micheal Jackson song on background.
 

Hawker

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Actually, it's legal and allowed yes, but you wont be able to use that video for "commercial reasons" and you wont be able to have ads on that video.

What will happen is it will get flagged or eventually someone will report it, and then Youtube will change its status of it and let you know that because it has copyrighted audio on it, you can continue using the video, but you cannot place ads on that video though.

That's happened to me several times.
 

Developer

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The OP asked:
Will this be ok or will I be violating copyright laws.
And stated:
I am asking because I want to make a video promoting my services and I have added some background music to it.
Therefore, it is being used for commercial usage and probably is therefore illegal. I say probably, because
there are apparently cases in which you CAN use the music... As with anything, it is best to do your own
research and come to your own conclusions. The fact of the matter is that none of us in this thread, that
I know of anyway, are legal experts on the matter, so, I strongly suggest using due diligence and performing
the proper research to come to your own conclusion.

Suppose a child dance on Micheal Jackson song and post it on youtube. Will he be in legal trouble? I don't think so. Therefore, it won't be wrong if you play Micheal Jackson song on background.
There is a HUGE difference between [ a child dancing to a MJ video and "mommy/daddy" uploading cute Penelope dancing to show grammy and grampy ] and [ someone blatantly using it for commercial purposes ].

I want to know if Youtube will take it down or I should just go ahead and post?
Julz, you may want to check this out as this may help you. And here is another interesting read you may want to check out as well.
 
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