Now, some people have created music specifically for use by video editors. There are certain publishers/artists/songs that have NOT signed on for this service, and certain types of videos wouldn't qualify, and it only applies to videos from certain countries, being viewed in certain countries, etc., etc., so YouTube has a pretty complex detection and flagging scheme which you're already familiar with.
In effect YouTube is taking care of the licensing for you, and also takes care of the compensation, which is usually in the form of an ad, an overlay with music credits and/or a song purchase link below your video description. Nowadays, since this happens so often whether the artists like it or not, sites like YouTube have set up agreements with the music publishers so that many popular songs may be used in personal YouTube videos without you having to explicitly go purchase those licenses or pay the royalties. (I've done this before, many years ago, and I paid a flat fee to ASCAP or BMI for permission to use one song in one video project that was limited to X copies to be distributed within X months only, no broadcast or internet publishing allowed, and I had to send a copy of my video to the publisher. There is typically a cost involved to getting this license, and it typically includes a royalty to the artist. So technically you require TWO or even THREE licenses (sync, broadcast, distribution).
YOUTUBE MUSIC VIDEOS FREE PLANET PATROL PLAY AT YOUR OWN RISK LICENSE
You are also, implicitly, asking about not getting caught ("flagged").ĪLL copyrighted music technically requires a license in order to (a) sync it with your video and then (b) play that video in public, give it to your friends, sell it, publish it somewhere, etc. However, that's not strictly what you are asking - you are asking about using music In your short films. Even music written by long-dead composers can still be copyrighted because the performance recording itself is a unique copyrighted work. Key point: ALL music, or any creative work, is automatically copyrighted. However if you do it for a client, you are in some hot shit and may be liable not only by the rights holders but the client as well. It's up to Youtube and Facebooks discretion. Regarding whether it will get flagged? I don't know. I've been told in no uncertain terms that I am not allowed to use audio from the band in the actual edit of a wedding video. This comes into play with original bands that do weddings. Just because THEY gave you permission to film them, does not mean you have permission to use the actual music they play in the video itself as the original artist/rights holder didn't sign off on the sync license. Keep this in mind if you are ever doing video of cover bands playing live. But when you merge audio AND video, now you are looking to obtain a Sync license, which varies from other licenses (for instance, your favorite bar down the street has a license with BMI to play music on their jukebox or satellite radio).
every answer in this thread is correct about it being inherent to the creator of said work). So not only do you need to worry about if the music itself is copyrighted (it is.
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