Re: Q- is it okay to upload covers to my website?
- From: Steven Bornfeld <dentaltwinmung@xxxxxxxxxxxxx>
- Date: Wed, 30 Apr 2008 09:55:07 -0400
performingchimp wrote:
Ty Ford wrote:
No it's not a reach. It's pretty simple. If it's not yours you have to get approval to use it..
YouTube is a sewer of non-compliance. If all the copyright infringements were taken off YouTube, it'd be what about 10% of its currrent size?
But it is partly yours. You own your performance rights. There is a distinction between uploading yourself playing a cover or arrangement, and uploading footage of a band's video or performce, or even (as is bizarrely popular now) uploading a song audio with just the title overlayed as an image. One has a the positive element of creative sharing and reworking of music, and one is just bootlegging.
You must first draw this distinction, then put the bootleg stuff out of your mind and judge the case for covers and arrangements on its own merits. That is what this thread is about. Ask these questions:
1) is the performer is also forfeiting his right to earn money from the video?
2) Is the watching of the video in any way inhibiting sales of the orignal work?
3) is the composers right to earn money more important than the positive benefits of the video being played in terms of advertising to the original work, advertising to the performer, or in most cases the simple sharing of a performance for fun and engagement with music?
There is more than one answer to each of those questions, but I don't believe it's a black and white issue, not least because it is a *new* issue which needs to be resolved by *new* thought, not by hammering old square pegs into new round holes. As far as I can gather, the MCPS/PRS are not of a distant mindset to me on this issue, I'm glad to say.
If that were true I could "borrow" your garden shears anytime I liked, and without your prior knowledge and consent, so long as I returned them in good condition before you needed them. And frankly, if you want me to advertise the shears I'll try.
Steve
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