If I made a video in YouTube but gave credit to the artist will I still face any legal problems? 11 Answers as of February 04, 2013I made a YouTube video about bullying and I used a song of Kelly Clarkson but I mentioned I don't own the song and on the video page it says it belongs to her and gives her credit. I just want to make sure I won't be sued or anything.
Office of Michael Hyde, Esq | Michael C. Hyde
The disclaimer you posted is used by many people on YouTube. By not claiming ownership and giving credit to the actual artist you should not have any problems. Fan made videos increase an artist's exposure and indirectly lead to greater sales of future music. Such fan made videos do not violate the copyright laws, per se.
Answer Applies to: Michigan
Sound Advice, LLC | Peter Vaughan Shaver
Answer Applies to: Oregon
Lawyer for Indie Media | Sue Basko
You could theoretically be sued, but more likely, the copyright owners will make a claim on it or will have it taken down. They might make the claim and leave it up. They might also link your video to a sales place to buy her song, such as itunes. So yes, you are violating copyright and could be sued, but that is not likely to happen from posting on youtube.
Answer Applies to: Illinois
LYL Law Group | Lior Leser
Using an artist's song without his/her permission is copyright infringement. There are several organizations, used by artists and publishers to license their music (such as ASCAP and BMI). Unless you receive permission from these organizations for the song (and pay them a fee), you may be the subject of a lawsuit. Giving the artist credit or disclaiming any rights will not get you out of problem.
Answer Applies to: Florida
Attorney at Law | Michael J. Kennedy
Entertainers have a right to not have their likenesses and performances appear to be supporting certain positions with which they disagree, so you could be in trouble if she does not agree with the thing you imply she supports by the use of her performance.
Answer Applies to: California