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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.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