Online Marketing: Avoiding Copyright Infringement

I may be a bit behind the times, but I have just made my first video for YouTube and despite taking all of the recommended precautions, I received a notice that my video content may be a copyright infringement due to the audio I used. Now I know it is copyrighted music, however, I purchased a license for it’s use that specified it could be used in a YouTube video. So legally, I am in the right. However, I may find at some point in time that my video has been taken offline. Hopefully I will be sent a notice if this happens.

At that time, I would have the opportunity to provide proof that the music was used legitimately. For now, the notice from YouTube says that nothing needs to be done on my part.

Knowing this can be a bit disconcerting, particularly when you have taken steps towards avoiding copyright infringement. I find the process used to be a bit one sided to say the least. Basically, if I understand their instructions correctly, I am to do nothing until such a time as my video is removed due to a complaint by whomever is claiming rights to the music being used. At that time, I can file a counter-notification to prove my use of the music is legitimate and if I prove I am in the right, the video will be restored.

Since I purchased the rights to the music used, I took the required steps necessary for avoiding copyright infringement with my video. I have a copy of the license and the bill of sale and rather than wait for someone to yank the video, it would be a lot less stressful to just upload this proof and have the matter cleared up.

While I recognize that YouTube is rightfully doing everything in its power to comply with copyright laws, the folks that upload the videos in the first place are what makes it the great site that it is. Having a simple link under the notice that says “matched third party content,” that says click here to submit your license agreement, or something along that line, would clear the matter up immediately.

The addition of AudioSwap is a step that YouTube has taken to pro-actively help uploaders with the issue of avoiding copyright infringement. AudioSwap allows the uploader to choose an audio file to be played along with a video. These audio files are provided by YouTube for this purpose and can be used without issue. The only problem I have with this way of doing things is that the audio files are only available after the video has been uploaded and then only by opening the video to the audio editing process.

My reason for this is that I would like to have the opportunity to match the audio to the video a little earlier in the process. I have no issue with someone having to be logged in to browse this database, but it would be easier to make the decision to use this feature if the audio files could be browsed ahead of time, without opening one of your videos for edit. I must have listened to close to a hundred audio clips before I found one I liked.

YouTube's AudioSwapCurrently, you will find this option once you have uploaded a video. Log in to your account – go to the My Uploaded Videos section and look for a drop down arrow beside the word Insight. Here you will see the option to go to AudioSwap. One word of caution. If you do decide to use this feature, your video will be changed so that any audio previously used is replaced by the file you have selected from AudioSwap. This change can not be undone, so be sure before you select the process button.

So, how do you go about avoiding copyright infringement? You begin by having clear, written permission to the use of any content you use. There are many sites where royalty free content can be found. This content may be available for free download, or it may have a cost attached. You should be carefully reading the license agreement before purchasing and downloading content as there may be restrictions on what you are allowed to do with it. In the above example, I was careful to make sure the audio I used specifically stated that it could be used in a YouTube video. Yes, there was a cost for this license, but it wasn’t an unreasonable cost. The website I found my track at is called LoopSound.com.

Just as there are many different websites for royalty free music, there are also websites for royalty free images and video clips. IStockPhoto.com is one website that comes to mind.

Another item that you should be keeping in mind to help you with avoiding copyright infringement, is to never use the content or graphics of another website without written permission. If you are thinking about being an affiliate for a product, use the contact page to make your request. This will result in a written reply that either allows or disallows the use of that website’s content and graphics.

Now I grant you, I may not be totally clear on the dispute process used by YouTube, and I am open for correction in that regard, but I am clear on the need to have a clear license to use content of any nature in all matters pertaining to online promotions. So, I would like to start a list here of your suggested websites for obtaining royalty free content.

Royalty Free Audio Sites:

Royalty Free Image & Video Sites:

To Your Success,

SherryD
http://www.wbobr.com

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10 Responses to Online Marketing: Avoiding Copyright Infringement

  1. Building floats down I-24; Antioch (Nashville), TN | 13 Inch Television.com on October 17, 2010 at 12:05 am

    [...] Online Marketing: Avoiding Copyright Infringement [...]

  2. [...] This post was mentioned on Twitter by Leo Vidal, JD MA CPA, Sherry Driedger. Sherry Driedger said: Online Marketing: Avoiding Copyright Infringement: I may be a bit behind the times, but I have just made my first … http://bit.ly/9e4ql4 [...]

  3. Chris Cardell on October 17, 2010 at 11:26 am

    For royalty-free music you might also try MusicRevolution.com https://www.musicrevolution.com , an online marketplace for royalty-free music. The MusicRevolution.com production music library has almost 9,000 tracks of affordable, high-quality royalty-free production music suitable for film, video, TV, radio, website, background music, legal music for YouTube, on hold music and other business music applications. I am the co-founder.

    • SherryD on October 17, 2010 at 12:26 pm

      Thank you Chris, your link has been added. I appreciate the additional information you have included in regards to the different usage options available for audio purchased from this site.

  4. cdmaker on October 31, 2010 at 8:47 pm

    Why won’t they let it(video) go on until they have proven that it (music) is actually a without a license for it’s intended use. Seems one sided…

  5. NEW YORK JUDAICA on January 11, 2011 at 3:58 pm

    I agree with you cdmaker. It is the record companies that own the songs, not the artists themselves.

  6. Akbar Rosarium from flower delivery gta on August 31, 2011 at 7:00 am

    I did not know about royalty free sites. Thanks for informing us about it. I would surely make use of them and save myself from any trouble with YouTube.

  7. James from education on September 2, 2011 at 12:33 am

    I have a query about these royalty free sites. They would be free for as many times we use them, or after a certain limit they would charge a fee? If yes, then how much fee approximately?

    • SherryD on September 2, 2011 at 9:37 pm

      Hi James,

      Royalty free refers to the ability to use the content you purchase from them in your marketing activities. It does not mean that the content is free. Each royalty free site has it’s own rules on where and how the content you purchase can be used and yes, most of the time you will have to purchase that content. Prices vary from site to site. There are some sites that will allow you to use their content for free if you give them a link along wherever you use that content.

  8. Glen from Build an ecommerce website on September 21, 2011 at 10:52 pm

    Using your own music in videos, to avoid copyright infringement, is the best way to go. I think it is just about time for everyone, especially internet marketers, to be able to know how to make some original music as background for videos to avoid additional costs and hassles.

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