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Youtube.com and cover music (Intellectual Property)

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• Mon, 30 Oct 2006 05:41:00 GMT(1)
• hi and thanks for the reply. no i am not selling or marketing anything on youtube. i am a singer songwriter and am sharing my original songs with whoever wants to listen to them. people are requesting cover songs all the time so i have recorded myself playing and singing a couple of them such as folsom prison blues by johnny cash and posted them for their viewing pleasure and for those that view them to comment and critique them if they wish. so i am trying to verify that this does in fact fall under the fair use clause so that i am not infringing on anyones copyright.
  
  thank you again
  jwb
• Mon, 30 Oct 2006 08:58:00 GMT(2)
• is there anyway you could elaborate on this subject just a bit to help me understand better because in my mind i am having trouble understanding why this is not fair use as i read the part of the following section 107 that i have highlighted in bold:
  
  107. Limitations on exclusive rights: Fair use
  Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include
  
  (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  [COLOR="Red"](here my personal purpose is not commercial in nature and is also non profit although i would not say it is educational for anyone other than myself)[/COLOR]
  (2) the nature of the copyrighted work;
  
  (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  
  (4) the effect of the use upon the potential market for or value of the copyrighted work.
  
  The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
  
  thanks again so much for your time...
  
  jwb
• Sun, 29 Oct 2006 13:29:00 GMT(3)
• What is the actual purpose of your uploading the song to YouTube? Are you trying to market your recordings or services?
• Mon, 30 Oct 2006 09:31:00 GMT(4)
• Elaborate on what? You're not engaged in fair use. You're engaged in commercial use. The fact that you don't directly profit each time somebody views your performance doesn't make it non-commercial, nor does tacking on a self-serving invitation for feedback transform it into a use for criticism or comment (such as a music review).
• Mon, 30 Oct 2006 07:43:00 GMT(5)
• From what you write, it's not fair use - you're doing covers because your audience / client base wants to listen to them.
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