5 Successful Copyright Tips for Content Creators
Today is a great day to discuss an urgent matter of music usage for content creators. This is an ongoing battle due to lack of education and the miseducation from others around. Content creators, Thought Leaders, TEDx Speakers, Celebrities, and Musicians fight the conflict of copyright infringement with music at events and on social media posts such as TikTok, YouTube, and Instagram. In this coverage, we will give you the in depth thoughts and tips on how to avoid the issues.
We are speaking to Orville “OH YEAH” Wright of Oh Yeah Beats on how he helps his clients avoid copyright infringements. OH YEAH is a multi-genre music producer and songwriter. His music is used by musical artists, content creators, thought leaders, and prominent public figures. He projects his mission to educate others as all parties achieve success without any objections. Orville walks us through steps for handling copyrights, music, and media for our content on social media.
Copyright Issue at-hand
Thanks for joining us Orville. Tell us exactly what happens with these copyright issues and your thoughts. What are reoccurring issues you see and help others with?
OH YEAH: “Definitely. The number one battle for anyone who wants to use music is to contest whether they have the sole rights to use a particular song or to prove that they originated the sound. Either way is intended to avert the extensive copyright “serving”. I cater to a lot of content creators on YouTube and some who have podcasts on Spotify. Almost all of them have had at least one video or audio stream that caught a red flag for music. One occasion happened to someone live-streaming on vacation. The video ended up flagged and muted due to copyright use of songs played by the D.J. The repetitive statement or question that I receive as a music producer is “How do I avoid this in the future?”. Some even want to know how to protect themselves as owners of a sound.
The answer is simple but the steps are detailed. I have confidently directed people towards success with it though. The issue truly is with lack of education. When customers and clients ask me what to do, I make sure I deliver all of the information I have including links to back it up. Many are not aware of their rights and permissions or grants they need to move forward. Those fall under permission to use or reuse, grants or clearance to use samples (musicians), and also making sure they protect themselves from copyrights, moving forward.
Here are my 5 detailed tips to help avoid copyrights…
Have original content
- It sounds so cliché but the fact remains. Content creators and musicians really conform to similar styles because of the “algorithm”. That may work but it can also hurt. True leaders create new waves and paths that others are afraid to take. Make sure you aren’t doing exactly what the previous artist just did (movement by movement). The irony is with music licensing companies and libraries who seek monetary gain. Companies want “sound-a-likes” which is a dangerous ground to play, particularly when you are selling them for commercial use and not crediting the original creator. A popular case example was with Katy Perry and the rapper Flame. The event in question had elements used from a library producers use. I have heard several in other songs that had the word “copyright” immediately pop in my head. The event I mentioned caused financial damage and also public invalidation. Sounds similar are scary when trying to be public and mainstream. It seems like more artists and producers are having this conflict because they all use sound clips from the same libraries. That is one expensive reason I create all of my music from scratch.
Have your sounds published
- I have previously helped a thought leader and TEDx speaker in the financial literacy aspect with advice for a book-turned audiobook. I gave her education on copyrighting work for her financial gain. Poets are definitely credited more but as can authors in music. This is a great way to protect yourself and earn royalties. I simply relayed over the best example of Maya Angelou “sampled” on a song from Common. At the end of the song was an excerpt of her voice, reciting one of her poems. This earned her a credited feature on the title and royalties. I then mentioned how submitting your work to copyright.gov appropriately will be a great investment for anyone serious with their work. This thought leader is now a musical artist and can be credited and sampled with permission if she grants it.
- The Cheaper route of course is directly through social media but the risk of getting ripped off is too great. A prime example is the song Emmanuel Hudson made on an associate’s channel of YouTube. Only the account holder got paid. To make matters worse for anyone else, you will no longer get credit, like when copies of paper gradually fade.
Search and request Sample Clearance
- Content creators don’t do this much but under the YouTube music library usage policy, it specifies that they should contact the artists for permission to use music outside of YouTube. The same goes for video content as many do know. This includes requesting to sample or “use” the artist’s works by purchase/ lease. The exact same method goes for musicians. When using exact sounds, it is pertinent to receive written consent for usage and manipulation of sound. Failure again, can cost money if you were not the original creator. A lot of musicians and bands face the risk of infringement on the basis of compositional structure… particularly if they sound similar by design. The fact remains that clearance is a necessity if the artists hopes to have the world hear it without legal matters. Time constraint may also be a factor when some choose not to save money.
Submitting for Copyright Ownership
- Although not being the original creator, many have the opportunity to buy “in-full” the entire sound. This is an ultimate liberation, should anyone use a sound that others use. The conflict is beating anyone else to the punch along with the “highest bidder” conflict that may arise. It gets extremely messy and content creators throw blows at each other’s channels issuing takedown’s due to the policies of someone’s copyright. Imagine having a viral video with a sound that was not yours and you forgot to cross your t’s and dot your i’s. Someone can maliciously sweep the rug from under you without your awareness. This happens to many who aren’t viral but have monetized so that could eventually result in owing money.
Seek Custom Sounds
- As a music producer, I have all the tools that I need to create anything my mind can imagine. That further helps out clients. I suggest for everyone out there to establish more direct contact and relationships with all of us music producers for your very own music. I have helped so many avoid the headache of someone else having the exact same sounds. Many have attested to never having to worry with completely custom music production. Not all of us can but many of us do create without sampling. As a music user, it is your responsibility to research and determine if you need to clear anything. Many will not tell you that, even after they take your money.
I feel like most of these are related but very important to know as a business and brand or simply as a content creator. The best practice that I have is to read all of the policies for each platform and also what you can do to protect your assets. Too many people are getting hurt because of lack of knowledge and awareness.”
The composition was incredible but even looking at the contract signed by all parties, I discovered my new responsibility.
Orville “OH YEAH” Wright
Addressing Copyright Issues
That was a lot and I feel a little more at ease with how to be a content creator. What occurrence was it that helped you to learn about these tips?
OH YEAH: “I learned a lot when I was starting as a musician on my own. I really just followed the practice of how Madonna started. She made sure to protect everything that she was tied to. I understood a little at the time but one lesson was when I created a parody song under a different pseudonym (before I really began producing). I published the song on youtube and BAM! I receive an email notice that the YouTube landing page for this video would appropriate the earned revenue to its rightful copyright owners due to the music usage.
I was ignorant to the fact of music producers and publishers collecting royalties even before an “artist”. So to use the instrumental, those rightfully owed are still earning money while I get nothing, it’s not my work originally. I definitely respect that educational lesson, particularly on the YouTube platform and I knew that the limits aren’t just with them. Distribution is really who gets the money earned and owed, who then delegate the appropriate splits (should multiple parties be involved). There are direct distribution channels such as Distrokid, CD Baby, Tunecore, and more. You can even become your own distributor but the legwork is extensive, which includes keeping up with statistics and sales, per platform. I have to even though others work for me also, mainly for my own protection. Just do your research, please.
My growth did not stop there either. Before producing music, I learned more when being a customer in search of music beats and instrumentals. One producer I worked with frequently had a song that included a sample from Journey with the song “Don’t Stop Believin’”. The composition was incredible but even looking at the contract signed by all parties (myself and the producer), I discovered my new responsibility. This song would still require clearance from the executives attached to the original song. It is the producer’s responsibility to “cite” samples and clips but the end user’s responsibility to request actual use if seeking to distribute around platforms. This was a great time for me to learn this.
Here is a link to OH YEAH’s sound-alike track for Pet Shop Boys “West End Girls”.
Even with sound-a-likes that customers request, I do inform them that they cannot try to resale or distribute the production (solely) because of originality conflict. I remake songs, without the use of samples which is a healthy method to avoid legal pursuit but I cannot be credited as the sole composer or writer. Furthermore, it makes moral sense to credit the original song followed by the producer that remade the track if trying to distribute but I advise against that idea. I even remember when our favorite singles were released on cassette or compact disc and we were excited to listen to the second or last track (the INSTRUMENTAL). I began to recreate some of my favorite songs (older and newer) just for my ears. Soon others around would hear and inquire about some of their favorites for their personal use and I would oblige. Instrumentals are often small but challenges I enjoy. Just remember that you cannot be the copyright owner for such productions due to the obvious conflicts.”
Interesting insight, Orville. I understand that public music libraries play a role in some issues of copyrights on YouTube. Can you help readers determine if libraries are good a good fit for their content?
OH YEAH: “Even with my own business, I cannot take away from the benefits that some content creators can see immediately first-hand. Public music libraries serve companies and businesses by providing a plethora of music categorized by genre, mood, length, tempo, and often by artists. I originally created a few music productions for some libraries that helped to earn some small amounts of money as licensable music for the subscribed members (as long as they agree not to violate copyright policies applied. The best form of content is short form in my opinion for music to license. What that helps content creators do is confine their content to a consistent formula. It also helps to make sure the music fits exactly how the entire content feeds the audience.
Many are familiar with the “algorithm” and how to provide content that fits the criteria in order to have their media pushed to the masses. With that in mind, music takes precedence with creators using popular songs from mainstream with permission or music from a library that sells and is used a lot. The libraries are great for offering the right fit on tight schedules, if you don’t mind having the same sounds as all of your competitors. I do believe this has changed a bit though, especially with TikTok.
When some creators use the same sounds especially with longer durations, the risk raises for some content creators who may try to issue a takedown (having the exact same format and style). Another risk is when those libraries are just one separate outlet for using that music. Some artists can find the exact song or instrumental on a beat production site from the original creator. What those artists do is submit music for copyright ownership and publishing. Once the songs are published, services such as YouTube Content ID will catch the exact sound bite from the repetitively used song. Again, this is the time that a content creator’s content can catch the wrong eye… even if the video was published first. Sadly, this occurs quite often.
This is one huge reason that creators such as SpecTechular Gadgets, Engineer Reacts, and others are smart to make sure the conflict avoids their doorstep with immediate and direct ownership of music (produced just for them personally).
There are more specific pros and cons with using libraries but each member or subscriber should assess if they can really benefit by sticking to those outlets. I just help all parties who seek an alternative to be “sole copyright owners”. I know that the best form of success is comfort in education and that is part of my job with every customer.”
Thank you for that. Are there restrictions with music libraries that readers should know?
OH YEAH: “I have to honestly say that restrictions are all spelled out in policies and the end-user agreements. In all of those agreements, it’s identifies all of the “user’s” permissions to eliminate questionable space where a copyright conflict could arise. Most occasions, you will find out how many times a song can be used and what platforms you may be restricted from. Like I noticed, YouTube’s library of free music restricts you from using the music outside of their platform. It makes sense because they can only protect you legally on their platform from a copyright case, regarding a video they host. You also still need to credit the song and artists. The same principles apply with a lot of us music producers. Most trouble is avoided by the proper credit and usage.
Agreements also identify the restriction of legal pursuits as a simple user or licensee. Often if there are conflicts between usage of the song, those library services will reference the extent of what can and cannot be carried out to avoid copyright infringement. I need more people to really read what they have permission and access to.”
Closing Remarks
I felt that this conversation could continue for weeks as I thought of all of the copyright legal conflicts and artists, content creators, and executives that have arose surprisingly. Clearly, it seems important for us to use due diligence in assessing if we are making the right decision when and where picking music is the matter at hand. We had one last question for Orville to reflect on the conversation.
So that has been an earful of empowering information on copyrights and I thank you for that, Orville. Do you have anything else on this matter to mention for all of our readers?
OH YEAH: “The only other powerful word of advice I want to offer everyone looking for music is to find your unique way of connecting and establishing a relationship with your neighborhood music producers. I can’t beat around the bush but in all honesty, the “middle man or woman” is not always the best way to practice business and avoid copyright issues. Some artists and producers are getting lower percentages than what should be offered on the table regarding currency splits. Services can be good but are not always the absolute best options, seeking music to get the job done. Companies do deserve a percentage for doing the leg work of finding clients and artists, allowing them to collaborate. My only reservation is that there should be continual growth for both the musical artists and music users. I believe in all of us to make this world a better place and also our business practices more smooth. That’s really about it. We just have to put in the work for real success with each other. Everyone, keep spreading love and helping each other rise.”
GS @ SMGS Publishing
Be sure to check out a previous coverage talking about Tyler Perry and Inspiration for OH YEAH!
