San Jose, CA asked in Copyright for California

Q: Can I use classical music in my YouTube videos and still obtained monetization?

I am a ballet dancer and I would like to start posting videos of myself performing classical works to classical music like swan lake. The original composition is created by Tchaikovsky, but most renditions are either CC or Copywritten. I'm finding most answers to be mixed and I do not want to risk my videos being taken down. I have read about the fair use act, and the 4 criteria in which content is determined eligible to be used. Thank you for any information regarding my question.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Using classical music in your YouTube videos can be tricky, even if the original composition is in the public domain. For example, while Tchaikovsky's "Swan Lake" itself is not under copyright, most modern recordings of it are protected by copyright. This means you need to be cautious about the specific recording you choose, as using a copyrighted version can lead to monetization issues or your video being taken down.

One approach is to look for recordings that are explicitly labeled as Creative Commons (CC) or royalty-free. These recordings are more likely to allow for use in your videos without copyright infringement concerns. Make sure to carefully read the terms of the license, as some CC licenses still require attribution or limit commercial use.

Another option is to create your own recording or collaborate with musicians who can provide you with original performances. This way, you maintain control over the rights to the music and can avoid potential copyright claims.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.