Posting a cover song on youtube - copyright law
Hi, please read Section 29.21 of the Copyright Act (Canada) (reproduced below) which creates an exception for user generated content for non commercial use:
Non-commercial user-generated content
In summary, if you create a new video and insert a legitimate cover song or you perform a cover version of an existing song and post it on YouTube purely for non-commercial use, then if you provide the source, if it is reasonable to do so, you should generally be fine. You should verify with a copyright lawyer the full facts as the section is complex.
- 29.21 (1) It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the creation of a new work or other subject-matter in which copyright subsists and for the individual — or, with the individual’s authorization, a member of their household — to use the new work or other subject-matter or to authorize an intermediary to disseminate it, if
- (a) the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes;
- (b) the source — and, if given in the source, the name of the author, performer, maker or broadcaster — of the existing work or other subject-matter or copy of it are mentioned, if it is reasonable in the circumstances to do so;
- (c) the individual had reasonable grounds to believe that the existing work or other subject-matter or copy of it, as the case may be, was not infringing copyright; and
- (d) the use of, or the authorization to disseminate, the new work or other subject-matter does not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the existing work or other subject-matter — or copy of it — or on an existing or potential market for it, including that the new work or other subject-matter is not a substitute for the existing one.
- Marginal note: Definitions(2) The following definitions apply in subsection: (1)"intermediary" means a person or entity who regularly provides space or means for works or other subject-matter to be enjoyed by the public.; "use" means to do anything that by this Act the owner of the copyright has the sole right to do, other than the right to authorize anything.
Hope this helps.
Posted 9 months ago
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