National Anthem Copyright

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ArmiLegge

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I am an admin in a group online, I always check the posts that are being posted and making sure nothing is wrong with them.

I’ve encountered two posts, they are videos with National Anthems. I allowed it but my scrupulousy was triggered and check different sources if it is copyrighted, I did not find anything. I asked him on private messages, he said he got it from Youtube.

What should I do?
 
I think you answered your own question in your OP.

If it is copyrighted content that is available on a public streaming site, it would seem to be the responsibility of the owner (or hosting platform) to monitor that content’s existence on the platform - not your responsibility, unless there is some special reason to within the group you are administering (like it is a governmental project).

You could also just remove it. Seems easy enough.
 
The other video is on Youtube but if its copyrighted, there would be the name of the company and the title of the song below the description. (I think)
 
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YouTube is pretty quick acting when it comes to copyright. They remove videos regularly. If they haven’t removed it odds are the owner doesn’t care. There’s also a thing called fair use.
 
StudentMI said:
YouTube is pretty quick acting when it comes to copyright. They remove videos regularly. If they haven’t removed it odds are the owner doesn’t care. There’s also a thing called fair use.
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Fair use with recordings is tricky-- copyright is very tricky. It’s different than fair use of print items.

 
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So, can I allow the videos to stay because I am not sure and let the host platform to decide?
 
Given your posting history and your admitted struggles with scrupulosity, you should not post these kinds of questions here. Seek help offline with your priest and a counselor.

Others would be well advised not to continue replying.

You are in my prayers.

-Fr ACEGC
 
The melody of the National Anthem comes from an English drinking song that is more than two centuries old; therefore, it is thoroughly ensconced in the public domain. Likewise, the words are more than a century old, and have long ago passed into the public domain.

D
 
DaveBj said:
The melody of the National Anthem comes from an English drinking song that is more than two centuries old; therefore, it is thoroughly ensconced in the public domain. Likewise, the words are more than a century old, and have long ago passed into the public domain.

D
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Do you get it that a particular arrangement or recording might be under copyright, though?
 
27lw said:
Do you get it that a particular arrangement or recording might be under copyright, though?
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Perhaps. I would suspect that Jimi Hedrix’ famous guitar instrumental version played at Woodstock is copyrighted (in spite of the fact that he was just improvising at the time), and for sure the version sung by the Gaither Vocal Band is copyrighted (Gaither copyrights everything that isn’t nailed down). But even so, copyright owners can have YouTube pull a video, if they’re offended by its existence on that streaming service. There is another thing that they can do; I have my own YT channel, and some of the videos that I have posted have received a copyright notice. This means that the owners have noticed the video’s existence. They are not asking that the video be taken down, but a video with that kind of notice cannot be monetized (not that any of my videos are monetized anyway 😛 )

Hope this helps.

D
 
ArmiLegge said:
I’ve encountered two posts, they are videos with National Anthems. I allowed it but my scrupulousy was triggered and check different sources if it is copyrighted, I did not find anything. I asked him on private messages, he said he got it from Youtube.

What should I do?
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  1. Rely on the Youtube notice and takedown procedure to remove the videos in the event that they are indeed copyright and the holder wishes to enforce the rights. Youtube is very vigilant about removing copyrighted material if the holder wishes to enforce. Some holders don’t care.
  2. Work on setting your scruples aside when you need to admin a group. Or, if this is not possible, delegate the moderation duties to another admin. Or, alternatively, just ban Youtube posts.
 
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Just to clarify:

The National Anthem is probably in the public domain, meaning it can be performed by anybody. It may be in a category created for it as a national symbol that might limit those performances, but I do not know.

Any recording of a performance, whether audio or video, is copyright protected, especially if the performer was “just improvising at the time.” There is some complexity when he original work was not created by the performer but those problems do not apply here.
 
While I am a lawyer, this is not legal advice.

The anthem itself is long out of copyright.

Any vaguely modern rendition of it is probably still subject copyright. Unless licensed in some way, it cannot be used.

historical note: John Phillips Souza, one of the US’s greatest composers, considered recorded music itself to be. a form of slavery.
 
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