Do you need to buy license for the music that you play on Chaturbate?

[Kaveski]

I have seen the most popular models playing pop songs or classic songs that I don't think they have license for since it'd be very very expensive.
So you can play whatever music you want on Chaturbate???

 

[SAD^^EYES]

Hello Jijiki, for sure the vast majority of models and studios don't have a license for the music they are playing in their video chat rooms. From what I know, yes, the law require a license, but I ain't sure if the cam site or the model is responsible to get licenses. Other big cam sites like Streamate or LiveJasmin provide to the models and studios a list of downloadable songs to be used in the videos... and LiveJasmin has sent recently an email to all models that soon they will not accept anymore any type of unlicensed music in the live streams...

Important: new music regulations!
Use Model Center’s Music Library to play music.
Soon, a new law on copyrighted music will come into effect: music from online streaming sites, radio, and other services cannot be used on other websites without a license. This law also applies to LiveJasmin.
Your videos and streams can only use authorized music, otherwise we’ll be forced to take them down. Multiple infringements can lead to account closure.
No worries- there is an easy way to legally use and enjoy thousands of songs: Model Center’s Music Library! Starting today, all your music must come from our Music Library.
Log in to Model Center and click on “Music Library” on the left-hand side menu. You can play and download over 20,000 songs! Filter them by length and genre to find the perfect tune.
Do not play songs using an online streaming service like Youtube, Spotify, Deezer; traditional radio; or any other music player during your streams, Video Calls, Videos, or Stories. Soon, the Music Library will have an auto-play feature, and we will expand its catalogue to include more of the music you love.

 

[Sxmxr]

I have seen the most popular models playing pop songs or classic songs that I don't think they have license for since it'd be very very expensive.
So you can play whatever music you want on Chaturbate???

I believe fake use laws
Allows for it

 

[Nigerian Prince]

I believe fake use laws
Allows for it

I'm assuming you mean fair use? Also playing music during a stream doesn't count as fair use.

 

[Lintilla]

It's illegal to play copyrighted music without a license, unless it's fair use. It's almost never fair use. Everyone does it anyway.

 

[CornerStone_]

I believe fake use laws
Allows for it

Fair use is so you can use it for the benefit of the greater public, not for yourself
This would be mostly in the name of education, knowledge, or art.
A few examples: if a copyrighted work was tied to an important news, a station could play the relevant part without acquiring the rights, but in no way can they use it as a theme song.
You can make a parody of something, but you can't do a cover.
You could play/sing something at an audition, or as part of a class, but you cannot be paid for doing so.
As soon as there is money involved, fair use is off the table.
So in terms of making videos/live shows, even if you were to try to appeal to a judge on the basis that you are adding artistic value to the song by dancing or whatever on it, the second you made a single cent from it, this is out of the window.

 

[Lintilla]

Fair use is so you can use it for the benefit of the greater public, not for yourself
This would be mostly in the name of education, knowledge, or art.
A few examples: if a copyrighted work was tied to an important news, a station could play the relevant part without acquiring the rights, but in no way can they use it as a theme song.
You can make a parody of something, but you can't do a cover.
You could play/sing something at an audition, or as part of a class, but you cannot be paid for doing so.
As soon as there is money involved, fair use is off the table.
So in terms of making videos/live shows, even if you were to try to appeal to a judge on the basis that you are adding artistic value to the song by dancing or whatever on it, the second you made a single cent from it, this is out of the window.

That's not at all how fair use works. You can definitely violate copyright without making any money, and you can definitely profit while remaining within the rules.
None of that is particularly relevant here. No one is currently coming after camgirls, and most sites have no rule against any music played while streaming.

 

[Kaveski]

That's not at all how fair use works. You can definitely violate copyright without making any money, and you can definitely profit while remaining within the rules.
None of that is particularly relevant here. No one is currently coming after camgirls, and most sites have no rule against any music played while streaming.

Ah so it means you can play whatever you want when camming on CB?

 

[Lintilla]

Ah so it means you can play whatever you want when camming on CB?

Right--it's illegal, but so is jaywalking. Everyone does it. If there's a crackdown, they're not going to come for you first. It's allowed by most camsites at the moment, no issues. Don't worry about it!

 

[Smores]

You can make a parody of something, but you can't do a cover.
You could play/sing something at an audition, or as part of a class, but you cannot be paid for doing so.
As soon as there is money involved, fair use is off the table.
So in terms of making videos/live shows, even if you were to try to appeal to a judge on the basis that you are adding artistic value to the song by dancing or whatever on it, the second you made a single cent from it, this is out of the window.

So one aspect of this that is important is what is copyrighted, and who owns that copyright.
If you make a cover song, the copyright is typically the songwriter, unless some organization bought those rights. If you instead play back the popular recording of a song by the main commercial artist, now you have the additional copyright associated with the recording of the song. So you have to contend with satisfying both the songwriter and the studio and/or artist of the recording.

It's easier to obtain a license for the words and written music than for the recording. In theory, some small organization might be able to obtain the songwriter license to make a cover. In practice it is pretty difficult. But obtaining a license to play the recording of a song is a whole other level of difficult, and it would be next to impossible for any webcam performer to obtain such a license.

In practice, who is going to sue a webcam model for playing a song? I think these days the music studios tolerate such violations and treat it like some kind of unwanted - but free - advertising. But if you want to minimize your legal exposure, I would play covers of songs, not originals. You are at least stripping away the most dangerous legal exposures to the studio and the recording artist. You are left with the exposure to the songwriter.

I have noticed in the last six months a trend in some Eastern European studios towards playing sound tracks of song covers. Perhaps there is someone out there selling "elevator music" that comes prepackaged with some licensing. It's worth asking around and looking for that. One of my favorite models now has covers of songs that I like more than the originals.

 

[MarlieJane]

Someone once said to play Disney songs in the back of vids you dont want pirated bc Disney is hardcore about their copyright lmaooo
I doubt it would work but its a funny thought

 

[uzhvecher]

The place where it gets applied-- and correct me if I'm wrong-- is when a model posts video content for sale. Chaturbate doesn't take it down, they just mute it.

 

[Lintilla]

So one aspect of this that is important is what is copyrighted, and who owns that copyright.
If you make a cover song, the copyright is typically the songwriter, unless some organization bought those rights. If you instead play back the popular recording of a song by the main commercial artist, now you have the additional copyright associated with the recording of the song. So you have to contend with satisfying both the songwriter and the studio and/or artist of the recording.

It's easier to obtain a license for the words and written music than for the recording. In theory, some small organization might be able to obtain the songwriter license to make a cover. In practice it is pretty difficult. But obtaining a license to play the recording of a song is a whole other level of difficult, and it would be next to impossible for any webcam performer to obtain such a license.

In practice, who is going to sue a webcam model for playing a song? I think these days the music studios tolerate such violations and treat it like some kind of unwanted - but free - advertising. But if you want to minimize your legal exposure, I would play covers of songs, not originals. You are at least stripping away the most dangerous legal exposures to the studio and the recording artist. You are left with the exposure to the songwriter.

I have noticed in the last six months a trend in some Eastern European studios towards playing sound tracks of song covers. Perhaps there is someone out there selling "elevator music" that comes prepackaged with some licensing. It's worth asking around and looking for that. One of my favorite models now has covers of songs that I like more than the originals.

You have a poor understanding of copyright law, and most of that crap isn't even relevant here.