this post was submitted on 31 Jan 2024
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[–] [email protected] 47 points 9 months ago (3 children)

this is everything awful about the modern internet. i hate that they can just go and retroactively destroy creations like this. imagine if someone lost the rights to a song and they forced you to send the cassette back

[–] [email protected] 24 points 9 months ago (2 children)

I don't use TikTok, do creators buy music fron TikTok to put in videos?

[–] [email protected] 11 points 9 months ago

No, the music overlay music offered in the app is licensed and can be added. Creators who are performing covers, I believe, generally have the license held by TikTok or have their videos muted/taken offline. Special arrangements are made for intentional or encouraged content . That is a guess, but things like Megan Trainor’s “Gucci” where she is both the original artist and a participant would be a case like this. I would think Grace Kelly and sing alongs on arrangement-bound copyright material like Pentatonix doing public domain carols (or even Roger’s and Hammerstein) are negotiated licensing if outside of their pre-negotiated license.

[–] [email protected] 10 points 9 months ago (2 children)

No, they just put it as background music in their videos, but didn't actually pay for it. I would guess it constitutes fair use?

[–] [email protected] 53 points 9 months ago

Luckily, copyright law is based on guesses!

[–] [email protected] 17 points 9 months ago (1 children)
[–] [email protected] 11 points 9 months ago (1 children)

Fair use is context based. There is no simple yes or no answer.

[–] [email protected] 17 points 9 months ago (1 children)

In this case there is. Background music is not fair use.

[–] [email protected] 3 points 9 months ago (1 children)

And in many cases it's not. But not in all cases. For example, this sketch is a parody of this scene from the O. C.. It uses copyrighted music as background. Parody is fair use.

[–] [email protected] 1 points 9 months ago

Here is an alternative Piped link(s):

this sketch is a parody

this scene from the O. C.

Piped is a privacy-respecting open-source alternative frontend to YouTube.

I'm open-source; check me out at GitHub.

[–] [email protected] 14 points 9 months ago

Copyright and ip laws are so fucked in favor of rent-seeking megacorps who hold their hands out expectantly for shit someone else created decades ago.