I just recently started my first stopmotion animation and I it's really a lot of fun to create and progress. Almost half-way there and I did this mostly to learn and improve skills like movement, synchronization, lip-sync, lights and so on.
To achieve this, I used part of Damon Albarn's "Monkey Journey to the West" as a backround music and moved the clay in tune as best as I could and was greatly inspired by his sounds.
Now my question: Would there be any copyright repercussions if I would post this on youtube for example? I am referring to legal repercussions which could affect me as a person, I saw a lot of videos on youtube which had the sound turned of due to copyright issues but could it get worse than that? (I'm not planning to earn anything or promote the video in any way, just to have it uploaded to be seen by my friends or anybody that stumble upon it.)
I know I should ask him or the disc records for approval but honnestly I have no idea how to do this or even what's required.
In the end, should I just keep the animation for myself?
Any thoughts would be greatly appreciated.
I think, apart from turning the sound off there should'nt be any other repercussions especially because you are not using it in any commercial way at all.
If I were you I would just show it online, I know loads of people who used music for personal work and never heard of any getting into trouble. The opposite. I even know of a guy who got an email from the band and got to direct their next video! :) (but dont count on that, haha)
Ofcourse, having said all this, it's still not legal to use copyrighted material without permission, but you knew that allready.
I think the most likely reaction is a Cease and Desist, probably by Youtube's auto music recognition software identifying the track and removing the sound. It happened to me, even with a very obscure recording. (A group in Australia that does medieval-sounding music at dances, and had a set of CDs recorded.) Like you, I had animated to fit the timing of the music. (My short L'Animateur.) But I had made arrangements with the composer and band that performed the music beforehand, and had paid a fee for a license to use it, so I was able to contact Youtube and explain to them.
The owner of the track could make a case that your use of it might damage their ability to earn money by putting it out there for free, even though you yourself are not profiting from it in any way. Fair Use might cover a very brief sample, but not substantial section of the track.
In practice I don't think prosecution is likely, it's more probable they would ask you to remove your film from public showing or change the music track if Youtube had not already blocked it. If they even hear of it. And once you did that, that would probably be the end of it. Which would still be awkward if you timed it all to that music. You could get new music written that fit the timing, but finding some existing free music (like Incompetech.com) that worked could be really hard.
Youtube is full of stuff posted by kids using audio or video they have no right to re-publish, technically a copyright violation but as kids they can't be held legally responsible like an adult can. Copyright laws do apply, but are often flaunted. I guess that is why YT needs an automated system to detect and remove music, there is so much content no group of humans can monitor it all.
This is something I know a little bit about, since I upload lots of videos and have been flagged for copyrighted music more than a few times.
Usually they will let you keep the video up, but not let you monetize the video. Youtube will still run ads on it, but the revenue will go to the owner of the music.
I've also had people tell me that youtube will take the sound off some videos if that's what the copyright holder wants.
There's a way you can check to see what youtube's policy is for certain music. Go into 'Video Manger' in your youtube account. Then scroll down to 'Create' in the sidebar. That should open up Youtube's 'Audio Library' ... Across the top it should say (Check Copyright Policies) Click that, then search the artist or title you're planning on using. It will tell you if the music will be blocked or not and if it can be monetized.
Good luck with it.
Thank you all for your replies, this forum is amazing and the amount of information you guys pass is really something.
I have checked youtube as you mentioned and it sais:
"If you use this song
Playback: Viewable worldwide
Advertising: Ads can appear "
Hey I just uploaded my 4th animation piece to youtube and it included music that I didn't own the rights to. I looked it up and if you aren't using the music for advertising something and if you aren't using it to make money it should fall under fair use and you will be able to use it. When I uploaded my video onto youtube, the song I used was detected so some restrictions were applied. For example adverts might be shown on your film and they might make it unable to view in certain countries or mobile devices. However you can dispute this if you want saying that the music used is under fair use, however before doing so I would do more research into the issue.
Long story short if it's just meant to be seen by your friends and family, not to advertise anything, it should be perfectly fine. Also this is what I did, I credited the artist and the song in my film and in the film description.
Anyway I hope that helped