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# This concerns the musician's rendition (cover) of a copyright work, often by request, not a recording of the work performed by the original artist.
# These copyright songs are used in video and not otherwise made available for sale. (Mechanical license are beyond the scope of this document)
# There is a presumption that money is changing hands through donations and possibly membership sites like Patreon are is involved.
# The live audience could generally be considered "a normal circle of friends", but playback of the recorded live stream may fall outside of this exemption.
# In addition to performance licensing, separate synchronization permission is also required for putting music to film, which would be impossible to anticipate in a live request scenario.
In the past, emerging artists would "cover" popular songs on YouTube for advertising and audience building purposes. These emerging artists would generally be very straightforward about providing the name of the covered song and the artist who made the song famous. The copyright holder of the song has three options, do nothing, monetize the video and collect advertising royalties, or take down the video. Traditionally, the emerging artist would license downloads through iTunes and would not monetize their videos.
In addition to COVID 19, the industry took a double hit as music download platforms switched to a streaming subscription model. CD-Baby no longer makes CDs, nor offers downloads, iTunes download links are redirected to Apple Music streaming page and Google Play is slated to be shut down and , music.youtube will stream audio. With the download income drying up , and the artists adding pay links and subscriptions, this appears to change the advertising only relationship between the artist and the video performance.
==Definitions==
===BMI===
:'''''General Website Performance Agreement'''''
:''The General Website Music Performance Agreement typically applies to a commercial entity that {{highlight|has the potential to generate revenues}} from operating a website or mobile application but is not considered a Music Service, as defined under the Music Service tab. Some possible sources of revenue may be non-music related {{highlight|subscription fees}}, E-commerce, advertising, or sponsorships.'''<ref name="urlDigital Licensing | BMI.com">{{cite web | url = https://www.bmi.com/digital_licensing | title = Digital Licensing | BMI.com | format = | work = | accessdate = 2020-09-14}}</ref>
== YouTube compliance suggestion ==
One way to mitigate compliance issues and possible DMCA take down notices (channel strikes) might be to go ahead and take requests during the live streaming session, but take down the recorded version of the live stream and edit it into several shorter parts that does not include the copyright material. # Encourages Taking down the live stream encourages people to be present and participate in the live stream. (Scarcity)# Eliminates having videos hanging around that could cost you a copyright strike or residuals at some later date. (Having your venmo / paypal chiron chyron during a requested cover song kind of commercializes it.).
# Having 3 more videos gives you 3 more reasons to re-engage across your socials.
# On a ten minute plus video, you can run as many ads as you want, (I believe front-loading advertisements chases music listeners away).
* [https://www.youtube.com/watch?v=do1VLjNg6AE Tuber suggesting 10 minute segments with advertising in the middle]
* Chat with other musicians on Zoom, to play each other's canned music, whitelist each other's channel. [https://support.google.com/youtube/answer/6070344?hl=en]
== Facebook compliance suggestion ==
:'''Facebook clarify what October update means for artists on the platform'''
: ''A spokesperson for Facebook has now confirmed to NME that, although new guidelines will come into effect across the site in October, the music guidelines have been in place for some time and will not affect artists using the site to livestream gigs or share {{highlight|their music.}}''<ref name="urlFacebook clarify what October update means for artists on the platform">{{cite web | url = https://www.nme.com/news/music/new-facebook-rules-prevent-bands-livestreaming-gigs-sharing-music-2751402 | title = Facebook clarify what October update means for artists on the platform | format = | work = | accessdate = 2020-09-14}}</ref>
:'''Music Guidelines (facebook)'''
:{{highlight|''Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.}}''<ref name="urlFacebook">{{cite web | url = https://www.facebook.com/legal/music_guidelines | title = Facebook Music Guidelines| format = | work = | accessdate =2020-09-14 }}</ref>
== References ==
{{Reflist}}