What constitutes "Fair Use" in posting videos?

I'm asking this question because I would like to know things to avoid when posting videos on the web (i.e. Facebook/YouTube).  I'm pretty sure that any video which includes backing music which is current copyright could be a problem.....i.e if I were to play theremin on top of Louis Armstrong's "What a Wonderful World" I would be raising some issues with the copyright owners (as well as setting myself up for a righteous internet "flaming" for desecrating a classic performance a la Kenny  G. a few years back).  I know that I've seen a lot of people play "Over the Rainbow" on theremin videos, mostly without backing track...some better than others.  I believe I've seen some comment on a older thread here about people getting blocked by "bots" on YouTube, and I think I remember some comments by Thomas Grillo regarding issues with copyright permissions, although that might have been related to a recording project he wanted to do.  I guess I'm just looking for some advice on what I can and can't do when posting videos from some of the more experienced players here....thanks....j

@mollydad: The issue of "fair use" is a very tricky area, as there are so many exceptions, and rules which govern what constitutes fair use. This is going to require a lot of research. The best place to start is:

http://copyright.gov/

In my line of work as a professional musician, I've learned that the best rule of thumb for music, is the same one that applies to leftovers in the fridge. "When in doubt, throw it out."

I won't perform anything that I have the slightest doubts about these days. After finding out who owns the rights to a modern work, I write for permission, and if denied, that's that. I won't touch it.

Even if I do get permission from the copyright holder (CH), there's still the risk that a vid will get flagged by youtube's almighty scan-bot on behalf of whatever publishing agency is managing the rights to a given work for the very person you got permission from. This happened to me just a few days ago when the video, Teenage Heaven, which I had permission to simalcast upload from Andrew Hwang got flagged, and now the adverts favor his publishing agency, or him. Oh well, that's a good reason not to bother with simalcasting, or bothering with modern works on youtube.

Even classical, or public domain works are not entirely without dangers from fair use, and copyright issues. If someone arranges a version of a known public domain work, then the new arrangement is protected, and you have a lot of homework to do. Back to the copyright permissions, and research you go.

When I produced my DVD, I had to get written permission to show logos of various devices or products in my studio, or hide the ones I never heard back from the owners of, or were denied permission to display (never got denied, though).

I know that copyrights in the U.S. run the life of the original composer plus 70 years. This is different in other countries, so you have to be bloody carerful.

Oh, and then there are issues involving works that were fraudulently stolen from a composer, and passed off as a long dead composer. Such is the case with "Cacini's" Ave Maria. The best I've learned about this one, is that the work was actually done by a Russian organist in the 20th century. His understudy stole the work, and wrote in as the composer, "Cacini". Even I did not know this until I requested an accomp track be performed. The company who I made the request to was kind enough to mention this to me, so I had to give up on the project, failing to track down the actual current CH.

Youtube is very strict about copyright and fair use issues. They even have a help area that deals with this topic.

I try to stick to public domain, or my own works. :)

I have been petty lenient on my Youtube postings. The only one song that got pulled for copyright infringement was "No one like you" and it's not even a popular song, i am not sure if all the videos that are uploaded are scanned by the bot, but a lot ofthem do. Mine just got picked. i tried to dispute it, but i lost lol. Oh well.

I cannot really give you any advice cause if someone really wants to go after you, they'll find a way. I uploaded one of my own song once and I had someone made a bogus claim that they owned the rights of the song... I was like WHAT? It's my own song you dumbnuts. So yeah... lol it's a weird place out there!!!

@ Thomas:  Thank you for your detailed response.  When you write for permission, do you send an actual paper letter to the copyright holder, or will email suffice?  I work in research, and I know that there are tremendous hassles regarding intellectual property rights when labs wish to share reagents....We have to send signed Material Transfer Agreements back and forth between institutions before any materials can be shared...In some cases a scanned document will suffice, and in others an actual signed document has to be on file.  

@ Amethyste:  How dare you attempt to record and distribute your own work?  Your case reminds me of some of the bad neighbors who deliberately move a fence line onto your property to see if you maybe won't notice, so that they can legally (from old English law) steal some property if you don't dispute the property line within a set timeframe....I know about this, as I have spent thousands of dollars protecting my wife's property borders from human snakes....

Anyway, I'm not trying to be a human snake and steal anyone's song as my own...I just want to put some of my playing out there for my friends so that they can see what I'm up to and why I love this instrument so much...I reckon I may have to turn into another songwriter, which maybe would be a GOOD thing, since Nashville doesn't have enough songwriters as it is...:-)

Yeh, Amethyste's not alone. I've had so many false claims, it's like a whack-a-mole game. LOL I actually had Disney threaten me over a 20 second rendition of When You wish Upon A Star. I won the dispute under fair use, but eventually pulled it my self just to be safe.

In regard to Disney, I feel that the performance of "It's a Small World After All" should be banned as an inhumane weapon of mass destruction...

@Mollydad: If there's a way to contact via email, I'll start there, but I sometimes have to write via snail-mail.

I wanted to perform Requiebros, but it's still under CR, and the CH would only tell me that it expires in around 2036, or so. The never said no, or yes. I'm ssuming the anser is a no-go. So, that one will only get performed for guests to the studio.

@mollydad. That's funny, regarding Disney.

@ Thomas:  Thanks again...Maybe you can record the Requiebros in 2036...It's only another 24 years....

@mollydad: Yeh, LOL ;) I'll probably have a walker with the theremin attached, and an O2 generator at the ready. ;)