Whether you're a composer/musician, a filmmaker, videographer or YouTube enthusiast, you should know about this: If you post a video on YouTube and put music behind it, do you need to obtain a sync (synchronization, or synch) license from the creator of that music?
This excellent synopsis appeared on LinkedIn, in the Music Publishing and Licensing discussion group:
[Author] David Herlihy • Although Fair Use principles MAY apply when a user synchs a song/recording in timed relation with visual images & posts on Youtube, strictly speaking, a synch license is required. Adding the phrase "No copyright infringement intended" doesn't alleviate potential liability, as intention is not necessary to establish liability for copyright infringement.
Youtube is protected by the DMCA for the allegedly infringing activities of its users, and moreover Youtube implements the Content ID system to identify user-uploaded content that may incorporate others' copyrighted content and gives those copyright owners options to remove, ignore, or financially benefit from such postings. Check out http://www.youtube.com/t/contentid
Youtube does have blanket licenses with ASCAP, BMI and SESAC. Soundexchange does not apply to this scenario, as their mandate is for certain transmissions of sound recordings, not sound recordings integrated into an audio visual work.
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