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1. kmeist+(OP)[view] [source] 2022-10-17 02:06:31
>That can't possibly be a valid claim, right?

For literally everything but music, yes.

Even by the standards of copyright technicality, music copyright is weird. For example, if you ask a lawyer[0] what parts of copyright set it apart from other forms of property law[1], they would probably answer that it's federally preempted[2] and that it has constitutionally-mandated term limits.

Which, of course, is why music has a second "recording copyright", which was originally created by states assigning perpetual copyright to sound recordings. I wish I was making this up.

So the musical arrangement that constitutes that song from 1640? Absolutely public domain. You can tell people how to play Monteverdi all damned day. But every time you record that song being played, that creates a new copyright on that recording only. This is analogous to how making a cartoon of a public-domain fairy tale gives you ownership over that cartoon only. Except because different performers are all trying to play the same music as perfectly as possible, the recordings will sound the same and trip a Content ID match.

Oh, and because music copyright has two souls, the Sixth Circuit said there's no de minimus for sampling. That's why sample-happy rap is dead.

If you want public domain music on your YouTube video you either record it yourself or license a recording someone else did. I think there are CC recordings of PD music but I'm not sure. Either way you'll also need to repeatedly prove this to YouTube staff that would much rather not have to defend you against a music industry that's been out for blood for half a century at this point.

[0] Who, BTW, I am very much NOT

[1] Yes, yes, I know I'm dangerously close to uttering the dangerous propaganda term "intellectual property". You can go back to bed Mr. Stallman.

[2] Which means states can't make their own supra-federal copyright law and any copyright suit immediately goes to federal court.

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