Is a cover video considered "Fair Use"

How do you approach this?

  • I just ignore the copyright

    Votes: 9 20.9%

  • I cite original sources and demonitize

    Votes: 30 69.8%

  • I play loud enough over the original that the algorithm can't detect it

    Votes: 4 9.3%
  • Total voters
    43
jtrom

jtrom

Nov 22, 2008
263
247
4,571
Kelowna BC
#1
I have a YouTube channel that I use to post bass covers of some of my favourite songs. I also post clips of some of these videos to Instagram. On Instagram I have had some videos removed for copyright infringement and on YouTube I am not able to monitize the song (for very obvious reasons) and they are not viewable in some countries becuase of this copyright.

Just curious if there are any bassist out there who have cover or lesson videos on YouTube or other media sites that have navigated the "fair use" policy? I'm kinda coming from an educational perspective on this as it is showcasing a skill... but I'm not exactly sure how to navigate this grey area. I properly cite all of the music that I play in the comment section (MLA).

I do not have many followers or subscribers and these videos are largely cathartic so it's not as though my side hussle is being revoked lol.

Anyway, just curious what you all do?
 
#2
I have a few Steely Dan covers on YouTube that I recorded when I was auditioning for bands so I had something to send to people. I also occasionally record covers for instructional purposes, when someone I know is interested in learning a song and I think it will help them. Those I usually mark private so only I and the person I'm helping can see them.

In both cases, YouTube doesn't have a problem with this as long as I don't monetize.

I have had similar videos taken down from Facebook but you can repost them claiming fair use, and when I do that they do not get removed again. Again, as long as they are for personal use, I don't think there should be a problem.
 
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#4
i have 20-30 youtube vids, some of which are a band performing/covering a copyrighted tune: i haven't been spanked by youtube, but: i do not seek subscribers (and don't have any/many) or monetization, though my "channel" is public. i'd use the private-only settings if i could successfully link to the vids from other websites...maybe i just don't know how to do that.

per the OP: i don't know if your bass covers are fair use. my first impulse is to say they aren't, but when you conceptualize an educational/non-profit purpose for them, maybe they should be.

edit: i voted "cite original sources and demonetize" --- i'm actually posting instrumental jazz band arrangements of tunes.
 
Last edited:
#6
There is not going to be one answer to this. Just to give one example, the phrase "cover or lesson videos" covers at least two completely different concepts (cover videos, and lesson videos), of which there are lots of possible permutations and variations. Some of these could violate copyright laws and some could be fair use, depending on a lot of factors (monetization, the amount of the song used, whether it includes the original track for reference or just the bass being played, the amount of actual instructional content, etc.).

One thing that I can tell you for sure is that including disclaimer (including most notably a "no copyright infringement intended" disclaimer or similar) does not protect you from anything.
 
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#7
JRA said:
i've definitely had issues with FB, but if i make a FB post with a link to the youtube vid (instead of posting directly to FB) it seems to work well/better for my use of FB on behalf of the band.
Click to expand...
Facebook runs a rather strict filter that looks for copyrighted material and automatically flags it. If you contest the takedown and select "fair use" as your reason, it goes right back up. They don't want to take down fair use stuff, but they heavily err on the side of caution.

That being said, I find it easier and better in general to link to YouTube. The video and audio quality is much better, for one thing.

As far as marking it private, if you want to link to something but don't want people otherwise to stumble across it, you can mark it as unlisted. That way the video is linkable from anywhere but random people on YouTube can't find it, even if they go directly to your channel.
 
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#8
jtrom said:
I have a YouTube channel that I use to post bass covers of some of my favourite songs. I also post clips of some of these videos to Instagram. On Instagram I have had some videos removed for copyright infringement and on YouTube I am not able to monitize the song (for very obvious reasons) and they are not viewable in some countries becuase of this copyright.

Just curious if there are any bassist out there who have cover or lesson videos on YouTube or other media sites that have navigated the "fair use" policy? I'm kinda coming from an educational perspective on this as it is showcasing a skill... but I'm not exactly sure how to navigate this grey area. I properly cite all of the music that I play in the comment section (MLA).

I do not have many followers or subscribers and these videos are largely cathartic so it's not as though my side hussle is being revoked lol.

Anyway, just curious what you all do?
Click to expand...

Are you talking about the play-along type of thing, that is to say you playing bass over the original copyright work, or are you talking about complete and new cover versions recorded by you or your band? I've had a couple of the latter tagged with notification of possible claim, but no actual strikes.
 
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#9
LBS-bass said:
I find it easier and better in general to link to YouTube. The video and audio quality is much better, for one thing.
Click to expand...
0000_1.jpg


LBS-bass said:
As far as marking it private, if you want to link to something but don't want people otherwise to stumble across it, you can mark it as unlisted. That way the video is linkable from anywhere but random people on YouTube can't find it, even if they go directly to your channel.
Click to expand...
so: choose "unlisted" instead of "private?" TBH: i don't recall seeing that choice, but maybe i did and i just didn't know how that choice could work for me! thanks, for the tip! :thumbsup:
 
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#15
I’ve got a few hundred YouTube videos of covers over the years. I’ve never tried to monetize them. I started doing them when I started back playing a few years ago to see if I could look back and see if I made any progress.
Now I just usually go ahead and make a video of things I’m working on in hopes that it may help someone else trying to learn songs :)
 
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#17
I've run into this, not with bass covers, but with background music for some of my racing videos. Usually, this are NOT covered under fair use, no matter what you've been told. Rick Beato has talked extensively about fair use recently and what it does allow and doesn't allow.

Now, that being said, I had very little trouble getting the claims removed by disputing the claim under fair use and stating that my channel was NOT monetized in any way and was for entertainment purposes only. That doesn't mean it'll work, it's just what I've experienced.
 
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#19
jtrom said:
I have a YouTube channel that I use to post bass covers of some of my favourite songs. I also post clips of some of these videos to Instagram. On Instagram I have had some videos removed for copyright infringement and on YouTube I am not able to monitize the song (for very obvious reasons) and they are not viewable in some countries becuase of this copyright.

Just curious if there are any bassist out there who have cover or lesson videos on YouTube or other media sites that have navigated the "fair use" policy? I'm kinda coming from an educational perspective on this as it is showcasing a skill... but I'm not exactly sure how to navigate this grey area. I properly cite all of the music that I play in the comment section (MLA).

I do not have many followers or subscribers and these videos are largely cathartic so it's not as though my side hussle is being revoked lol.

Anyway, just curious what you all do?
Click to expand...
Check out Rick Beato
 
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#20
Technically it doesn't matter if you made any money or not - copyright applies to any use of the work.

Fair use is a somewhat nebulous concept and tends to be a case-by-case judgment call. For example, in teaching a college class, I could make a copy of a chapter out of a book to give to students (back when we actually made photocopies) but not the whole book, and in fact not multiple chapters; when it becomes more than a sample or excerpt out of the book I had to tell them to buy it. On the other hand, I could put a copy of the book on reserve at the library and THEY could photocopy it to their hearts' content with no violation, as long as I wasn't distributing multiple copies. (These days, posting a scanned PDF that they can download or print is the equivalent).

On that analogy, I think that, if what you're posting is a performance of the song, then the copyright holders have the right to permit or deny you the right to perform it. Fair use would probably kick in if you either posted just an excerpt of the song for demonstration or review purposes, or if you made an actual how-to-play instructional video (OK, we're going to start in G, here at the third fret, and play root-fifth-octave, like this...).

As far as youtube goes, my drummer who managed this for one band I was in said that what happened was they would flag a cover performance, and if the copyright holder liked it well enough, THEY would monetize it, but if they didn't, they'd take it down. FB, on the other hand, tends to just take stuff down.

Example (just to brag, I liked this take):
 
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