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Quite often I take a GoPro / iPhone and record fragments of a music performance.

Quite often I upload the content to YouTube.

Quite often I receive following message:

The copyright holder, which uses Content ID, submitted a claim to the content of your movie.

For now it is only notification Do not worry. That does not mean trouble or affect the standing of your account.

In your film, they see ads that generate revenue for the owner of the copyright or the copyright holder has received insight into the statistics of his views.

(I have Polish language settings so I used Google Translate to get the English version)

I would like to know if recording of a music performance - that includes:

  • lightning
  • visuals
  • scenery
  • audience
  • artists
  • and some music in the background (that is subject to copyright)

Is a fair / allowed / legal use? If yes, I should initiate an objection procedure

If there are no problems, you do not need to do anything. There is no need to remove the film.

There is a procedure to lodge an objection, which you can use if something goes wrong and the copyright holder or we make a mistake. Use it only in cases when you are sure that you have the right to use all content in his film.

(again Google Translate)

I'm actually not sure, that's why I'm asking...

Related: What is the "area" of copyright claims and fair use of songs?

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  • What you are doing has a long tradition and is called bootleg recording.
    – Philipp
    Commented Jan 11, 2016 at 13:21
  • In the US, bootlegs had been a grey area in legality... Now we have 2016, ever so changing T&C on YouTube, different methods of monetising - therefore I consider my question valid :)
    – Silly mistakes in the past
    Commented Jan 11, 2016 at 13:26
  • See this article for an explanation of how YouTube's policy can affect the situation you are describing. It's about posting cover songs on YouTube, but it also explains the message you got. diymusician.cdbaby.com/youtube/…
    – peacetype
    Commented Jul 25, 2017 at 2:32

1 Answer 1

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Performers have "performers right" in any recordings of their performance. It is a "related right" (a kind of copyright just like authors rights). This gives them the exclusive right to distribute recordings of their performances. You are prima facie infringing their copyright by distributing recordings of their performances. In the US, the act of recording a performance isn't an infringement.

http://www.wipo.int/treaties/en/text.jsp?file_id=289757#P97_7400 (the US is not a signatory)

https://www.law.cornell.edu/uscode/text/17/114

http://www.ip-watch.org/2014/11/24/us-courts-recognise-new-performers-rights/

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  • Thank you for the answer. Would you be so kind to provide references? (wikipedia style)
    – Silly mistakes in the past
    Commented Jan 11, 2016 at 17:42
  • It isn't a "kind of copyright" it is copyright
    – Dale M ♦
    Commented Jan 11, 2016 at 19:59
  • 1
    Both author's rights and related rights are kinds of copyright. And yes, related rights are also copyrights.
    – user3851
    Commented Jan 11, 2016 at 20:00

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