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, 2013

I 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.

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Entertainment Law Partners
Entertainment Law Partners | Tifanie Jodeh
You need to get permission to use anything that you do not own yourself. Simply giving credit does not satisfy a claim that you used the material without getting permission.
Answer Applies to: California
Replied: 2/4/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
I am sure Kelly Clarkson has better things to do than sue you. They may make you tae it down if they notice it, you are probably safe.
Answer Applies to: New York
Replied: 2/1/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
After it is done and posted, you want to make sure you are not sued? Are you serious?
Answer Applies to: Georgia
Replied: 2/1/2013
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
Replied: 2/1/2013
Gates' Law, PLLC | Thomas E. Gates
You need a license to play that song. However, generally there is no problem, but because it could damage her reputation, I would inform Clarkson about your video.
Answer Applies to: Washington
Replied: 2/1/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You need to get permission of the person with the copyright, which is usually the artist.
    Answer Applies to: Michigan
    Replied: 1/31/2013
    Sound Advice, LLC | Peter Vaughan Shaver
    This is copyright infringement on two levels: you are infringing BOTH the song recording (Owned by Kelly's label) and the underlying song composition (separately owned by Kelly's publishing company). Either party can insist that you take this down. You would need to obtain two separate licenses to use these two items: a MASTER USE license from the company that owns the sound recording; and a SYNCHRONIZATION license to use the underlying song composition publishing rights. Normally, you won't get sued, but either infringed company can do that. I suggest that you carefully read the TERMS OF USE for YouTube for more information.
    Answer Applies to: Oregon
    Replied: 1/31/2013
    Lawyer for Indie Media
    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
    Replied: 1/31/2013
    LYL Law Group
    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
    Replied: 1/31/2013
    Attorney at Law
    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
    Replied: 1/31/2013
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