this post was submitted on 31 Jan 2024
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this is everything awful about the modern internet. i hate that they can just go and retroactively destroy creations like this. imagine if someone lost the rights to a song and they forced you to send the cassette back
I don't use TikTok, do creators buy music fron TikTok to put in videos?
No, the music overlay music offered in the app is licensed and can be added. Creators who are performing covers, I believe, generally have the license held by TikTok or have their videos muted/taken offline. Special arrangements are made for intentional or encouraged content . That is a guess, but things like Megan Trainor’s “Gucci” where she is both the original artist and a participant would be a case like this. I would think Grace Kelly and sing alongs on arrangement-bound copyright material like Pentatonix doing public domain carols (or even Roger’s and Hammerstein) are negotiated licensing if outside of their pre-negotiated license.
No, they just put it as background music in their videos, but didn't actually pay for it. I would guess it constitutes fair use?
Luckily, copyright law is based on guesses!
No
Fair use is context based. There is no simple yes or no answer.
In this case there is. Background music is not fair use.
And in many cases it's not. But not in all cases. For example, this sketch is a parody of this scene from the O. C.. It uses copyrighted music as background. Parody is fair use.
Copyright and ip laws are so fucked in favor of rent-seeking megacorps who hold their hands out expectantly for shit someone else created decades ago.
Imagine comparing free social media to a physical copy of media that you purchased.
Are you high?
It's a fair analogy about the erosion of ownership
It's only a 'fair analogy' if you're comparing two things you own. You make videos for Tiktok. They own that content, not you.
Maybe folks are gonna start learning that just because they made content for a service, doesn't mean that they control it.