Hi,

I have recorded a song by The Time. I played all the instruments myself etc. I have a video to go with it that I'd like to put online. It's just footage of me recording the song. I don't think there'll be a problem with me doing this for these reasons :

1. It's a Time song, not a Prince song and if you look on youtube you won't see any copyright infringement messages from NPG or Controversy music on any videos of Time songs. Those messages are only on videos of Prince songs

2. I'll be uploading a re-production of the song ie It won't be the original.

3. My intent is in no way malicious - It's like a tribute to the man if anything.

I just don't want to upload it and then have taken it down or my account deleted.

What do you think?

Also, Is there any legal language I should put with the video to protect the video from being removed? Like a disclaimer etc

Copyright Disclaimer: Under Section 107 of the Copyright Act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favour of fair use.

OR

Disclaimer:

I believe this video to be 'Fair Use' of the cited copyrighted material for educational and discussion
purposes and to advance musical understanding as.described under section 107 of the US Copyright Law.


17 USC § 107 - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, TEACHING (including multiple copies for classroom use), SCHOLARSHIP, OR RESEARCH, is NOT AN INFRINGEMENT OF COPYRIGHT. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for NONPROFIT EDUCATIONAL purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Thanks

what song is it? who wrote it? who is it credited to? if prince wrote it he will have a problem with it. if it's a cover version and it's online without any references to prince and the time then it's likely to go unnoticed, but when you start posting on prince sites or getting linked to prince stuff and it's no longer under cover then it will be pulled

the long and short is you don't own the copyright to the track and you haven't asked for permission

point 2 and 3 mean little in the eyes of the law

this link should help explain more

http://waxy.org/2012/05/criminal_creativity_untangling_cover_song_licensing_on_youtube/

unique said:

what song is it? who wrote it? who is it credited to? if prince wrote it he will have a problem with it. if it's a cover version and it's online without any references to prince and the time then it's likely to go unnoticed, but when you start posting on prince sites or getting linked to prince stuff and it's no longer under cover then it will be pulled

the long and short is you don't own the copyright to the track and you haven't asked for permission

point 2 and 3 mean little in the eyes of the law

this link should help explain more

http://waxy.org/2012/05/criminal_creativity_untangling_cover_song_licensing_on_youtube/

Everything i personally put on this site is for the exclusive use of Prince and no-one else. Share with anyone you want, when and however u choose. I don't really mind any of it used by anyone Prince chooses to share it with this is legally binding on all who read or hear any of this. Why would i not come to the most influential man in my life for the whole of the passed 22 years. Seeing as he put me back together in the first place. With Light and Love and Joy.

I thought anyone could cover a song if they want to?

TheEnglishGent said:

lindamsmith1133 said:

Everything i personally put on this site is for the exclusive use of Prince and no-one else. Share with anyone you want, when and however u choose. I don't really mind any of it used by anyone Prince chooses to share it with this is legally binding on all who read or hear any of this. Why would i not come to the most influential man in my life for the whole of the passed 22 years. Seeing as he put me back together in the first place. With Light and Love and Joy.

50 shades of Purple..?

You-tube won't delete your account. The worst they will do is remove sound from the video. That happens a lot to cover bands when they get complaints. You don't own the song, but you do own the video.

Last year my band wanted to cover one of his songs on our album. We sent a letter asking for permission and did not get a response in 90 days. After which we sent a letter informing them that we had recorded and were going to include the song. About 10 days later we get a certified letter telling us we could not use it. We sent a third letter telling them tough, we were using it anyway. We then get an email asking for a copy and any changes or deviations listed. We then got a letter listing things we could, and could not do like, 1) Produce or record visual promotion for a release (music video), 2) Perform the song live 30 days prior to the writer (You know who) appearing in Hong Kong, Macao, or within 100 miles of an announced venue, and a few others I don't remember that had to do with the way credits would be listed or something. The big kicker was something like "in lieu of royalties, payments or other monies owed, a donation will be made to a legitimate charity of conscience" or something like that. My band is based in mainland China, so I am sure that had a lot to do with it.

I am looking forward to seeing your video, good luck with it.

leonche64 said:

You-tube won't delete your account. The worst they will do is remove sound from the video. That happens a lot to cover bands when they get complaints. You don't own the song, but you do own the video.

Last year my band wanted to cover one of his songs on our album. We sent a letter asking for permission and did not get a response in 90 days. After which we sent a letter informing them that we had recorded and were going to include the song. About 10 days later we get a certified letter telling us we could not use it. We sent a third letter telling them tough, we were using it anyway. We then get an email asking for a copy and any changes or deviations listed. We then got a letter listing things we could, and could not do like, 1) Produce or record visual promotion for a release (music video), 2) Perform the song live 30 days prior to the writer (You know who) appearing in Hong Kong, Macao, or within 100 miles of an announced venue, and a few others I don't remember that had to do with the way credits would be listed or something. The big kicker was something like "in lieu of royalties, payments or other monies owed, a donation will be made to a legitimate charity of conscience" or something like that. My band is based in mainland China, so I am sure that had a lot to do with it.

I am looking forward to seeing your video, good luck with it.

Well thanks for all the replies.

I got a 'strike' on my Youtube account when I uploaded a video of the Prince gig in Dublin in 2011 and I was informed that if I get 3 strikes my account will be deleted.

The song is 777-9311. The video is on Youtube now anyway but I've left it as an unlisted video for the moment. There are a lot of 777-9311 videos on Youtube and none have been censored or removed.

Who exactly did you contact? Was it Prince's management or what?

Thanks

prince doesn't seem to care so much about covers of songs he "gave away" to other artists to record, but songs that he released the first/original version of he is fussier about. it's the same with sampling, 2pac sampled 7779311 for example. kevin smith asked prince directly if he could use the most beautiful girl in the world and was told no, but told he could use the time songs

Didn't Prince say he was okay with covers by fans when he was on George Lopez?

not that is a legal permission. but it may mean he would not ask for it to be taken down.