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KDH takes on Rick Beato

tiktok

Silver Supporting Member
Messages
22,938
"I'm not making any money from the song!"

In 1917 the Supreme Court ruled in ASCAP's favor and thus established the foundation for the organization's future existence, its subsequent power and influence, and, in some measure, a new respect for songs as individual artistic creations. Justice Oliver Wendell Holmes Jr. ruled that establishments, notably restaurants, had to pay for music even if they did not charge an entry fee: "It is true that music is not the sole object, but neither is the food, which probably could be got cheaper elsewhere...If music did not pay, it would be given up. If it pays, it pays out of the public's pocket. Whether it pays or not, the purpose of employing it is a profit, and that is enough."--Ben Yagoda, "The B Side"

Rick uses other people's content to drive attention to his monetized videos. You show up to find out "Why this song is great" and then subscribe and watch a few of his monetized videos. You can argue that the law is wrong-headed in this case, but it is still the law for the time being.
 

stevieboy

Clouds yell at me
Gold Supporting Member
Messages
37,877
From Youtube's website article on Fair Use--

"In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation."

There's that "situation" part and they also say it's case by case, but I would ask why Beato's videos wouldn't qualify. They contain commentary and teaching, as opposed to many music videos that I see get posted with a "fair use" disclaimer in the text that are just the song and often the performance of the original artists.

I'm not taking Beato's side here, and his using the" exposure" defense doesn't help him. I just wonder, and also it seems he gets singled out.
 

Ole Tin Ear

Member
Messages
135
KDH points out that when Rick advertises his own music education products at the end of the video it becomes a for-profit video. This has nothing to do with either "fair use" or "promotion" of the artist's music. Since publishers and management negotiate advertising compensation for use of their copywrited material they have the right to choose with whom and under what terms they permit usage.
If Rick didn't mention his products in the videos they would be far less likely to get blocked or removed.
I don't think KDH was really coming after Rick but actually answering the question of why would these videos be blocked.
 

Nebakanezer

Member
Messages
3,558
"I'm not making any money from the song!"

In 1917 the Supreme Court ruled in ASCAP's favor and thus established the foundation for the organization's future existence, its subsequent power and influence, and, in some measure, a new respect for songs as individual artistic creations. Justice Oliver Wendell Holmes Jr. ruled that establishments, notably restaurants, had to pay for music even if they did not charge an entry fee: "It is true that music is not the sole object, but neither is the food, which probably could be got cheaper elsewhere...If music did not pay, it would be given up. If it pays, it pays out of the public's pocket. Whether it pays or not, the purpose of employing it is a profit, and that is enough."--Ben Yagoda, "The B Side"

Rick uses other people's content to drive attention to his monetized videos. You show up to find out "Why this song is great" and then subscribe and watch a few of his monetized videos. You can argue that the law is wrong-headed in this case, but it is still the law for the time being.
Is it twisted logic that YouTube should be paying those ASCAP/BMI fees in the same way that restaurants/bars/venues pay, because the restaurant/bar/venue is the constant that has paid to stay within the law, while the entertainment is a revolving door of passing the time, much like YouTube?!?!?!?! I’m not a lawyer but I did hangout out on TGP.......... (holiday inn express joke for you youngins!!!)
 

rumbletone

Silver Supporting Member
Messages
6,972
From Youtube's website article on Fair Use--

"In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation."

There's that "situation" part and they also say it's case by case, but I would ask why Beato's videos wouldn't qualify. They contain commentary and teaching, as opposed to many music videos that I see get posted with a "fair use" disclaimer in the text that are just the song and often the performance of the original artists.

I'm not taking Beato's side here, and his using the" exposure" defense doesn't help him. I just wonder, and also it seems he gets singled out.
Fair use concepts typically take into account the intent of the user, and making money is often a key factor - i.e., that it may be educational does not necessarily bring the use under the exemption. And outside the US, in some countries the mere publication of something - regardless of whether it’s educational and regardless of whether the user is profiting - would exclude it from qualifying for fair use (or whatever it’s called in that country).
 

taez555

Member
Messages
8,251
I miss the days when musicians could make money off music instead of an endless circle jerk of faux outrage videos.

It is it what is though.

I could spend the next week working on a song which will get me $.004 on Spotify.

Which might lead to a tour which I'll loose thousands in gas and hotel fees.

Maybe sell enough to T-shirts to pay my cable bill.

Or... I could make a reaction video to KDH's video, which is a reaction to Rick Beato, which is a reaction to an unboxing video, which is a reaction to watching the paint dry... and make $5000.

This is the music industry we've created for ourselves.

Enjoy it.

Don't forget to like and subscribe.

And please join my Patreon. Or donate directly via paypal gift or gofundme.
 
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Fezziwig

Silver Supporting Member
Messages
1,224
Fair use concepts typically take into account the intent of the user, and making money is often a key factor - i.e., that it may be educational does not necessarily bring the use under the exemption. And outside the US, in some countries the mere publication of something - regardless of whether it’s educational and regardless of whether the user is profiting - would exclude it from qualifying for fair use (or whatever it’s called in that country).
Yeah, generally the fair use analysis rests on weighing a number of factors to determine which side "wins." Beato's YouTube profit would certainly work against him, but from what I've seen he generally only plays snippets of the songs and that would favor him. The "teaching" aspect would also favor him potentially. That said, unless he decides to take it to court we won't really know whether his use is fair or not. Until that happens YouTube can continue to enforce their own view on fair use and block his content pursuant to their terms.
 
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PaisleyWookie

Member
Messages
8,812
KDH's videos are so dumb. "I'm going to make a video about a guy making a video, and ooh I'm going to get dislikes because I'm so controversial!" No, you're just F'ing boring.

Don't like Beato videos? Don't watch them. I'm not a massive Beato fan, but his videos sure beat "xxxxxx reacts to this music video!" videos.
 

Benz2112

Memba?
Gold Supporting Member
Messages
5,714
I don't go out of my way to watch Rob Chapman or Rick Beato, but they make professional videos, and make original content for the most part. Then there are these basement dwellers that create clickbait, and then there are even guys who make videos about those videos. I actually posted a comment on one of these people, and he went apoplectic... for making edgy videos, they are usually pretty thin skinned. These guys grinding it out, making trash content on YouTube, it all gotta go.
 




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