I found a channel promoting music by live streaming in youtube. Why they don't have copyright problem? Can I also stream musics like that in youtube.
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1This question is asking what the law is, it is not in any meaningful sense asking for specific legal advice. It also gives enough details for a reasonable answer, allowing for a couple of alternatives. It should not, in my view, be closed.– David SiegelCommented Feb 16, 2022 at 16:06
1 Answer
I see that channel offers playlists and "videos" of popular music by several artists. The one video I tried had the music with no accompanying video or images. The channel's about page says that then operator does not own the copyrights to the music and cannot grant others permission to play it.
It is possible that the channel operator has obtained permission from the artists and is thus operating under a valid license. It is possible that the channel is committing copyright infringement, but the various copyright owners have not noticed the channel, or have noticed it but decided not to take action. There is no easy way for an outsider to tell which of these is correct.
If the operator has not obtained proper permission, then it seems that this would be copyright infringement. If so, any copyright owner could send a takedown notice, use YouTube's own copyright complaint mechanism, or could file a copyright infringement suit. But nothing compels the owner to act if the owner chooses not to, it is entirely the owner's choice.
I do not see that the US fair use or any other exception to copyright would be likely to apply here.
If the owner brought suit and won (and a win seems likely to me, from what I can see), the operator would be liable for damages, which might be sizable, or mild. In the US at least the owner could also obtain a court order (injunction) requiring the operator to stop using the owner's copyrighted music.
If the owner complained to YouTube, the site could add a "copyright strike" against the operator's account. After a few strikes (I think three) YouTube will cancel the account, according to its posted policies.
Similar outcomes could face anyone else who posted or made available for streaming copyrighted content (such as music) without permission from the copyright owner. But again, everything depends on action by the copyright owner. If the owner chooses, for whatever reason, not to act, then nothing is likely to be done about the infringement.