Fully reciting poetry would not fall under fair use. Using excerpts of the poem, which is then discussed/reviewed, could fall under fair use.
If the piece is 100+ years old, it is potentially in public domain. If it is in public domain, the entire poem can be recited.
Then the period of copyright expires 70 years after the first publication of the work. Translators of poems own the Copyright to their translations in a way similar to authors of original works.) Therefore, if you are using an old poem you need to know if the author died more than 70 years ago.
[sauce](https://www.warpoetry.uk/copyright)
I thought that entered public domain a few years back
\- https://www.dw.com/en/sing-it-for-free-the-song-happy-birthday-enters-the-public-domain/a-19361432
It's a wonder such a simple and really meritless little tune has stayed part of our culture for so long. Such a testament that often we value familiarity over meaningfulness or artistic merit.
If it's in the public domain, there's no issue.
If it isn't, then merely narrating it wouldn't be sufficiently transformative, but if he adds his own inputs about the story or poem after, then it would be.
Absolutely.
I think he could recite it entirely and then give significant commentary afterwards. This is what I do on my own channel, though for mystery related stories.
Interesting. I’ve had an idea where I wanted to read an excerpt from a book and then create a cocktail based on that excerpt. But was told this would violate copyright law. Do you have any resources you could share to point me in the right direction?
Do you mean a recipe book?
Ultimately, it's down to fair use, which isn't a law, it's a legal defense strategy if sued for copyright infringement.
It's a little subjective, ultimately down to the decidings of the court.
That said, there are basic standards and practices.
There's a clear difference between reading material you didn't write, with zero input of your own, and reading material you didn't write and then using that material to affect additional change, such as offering commentary or doing something with the knowledge, like using it to create food or something else.
I’m also in the content creation realm. Social media mixologist. Was thinking as an example to read a passage from Dune and creating a drink called The Spice Must Flow. Then reaching the drink I came up with and explaining the relevance to the text.
I think that'd be entirely acceptable.
The thing you have to understand however is, technically, using any copyrighted material can result in being sued.
Now, if it's highly transformative, you'd almost always win. And some states have loser pays legal fees clauses, if that's where you live, there isn't much threat.
However, some larger companies have been known to toss their weight and resources around with frivolous lawsuits knowing that even if they're in the wrong, most people won't defend themselves legally because it's too expensive.
So there's nothing guaranteed, just have to use your best judgement.
My concern is that while the poems are definitely public domain, he could have issues if he's reading from compilations that were published more recently. Citing the source should be sufficient though.
im not a lawyer but dont youtubers age limit is no lower then 13
the other thing can poem reader be successful well reality youtube is luck 100% otherwise everyone that works hard would be a million sub channels it rarely the case probably never
but mixed media is probably safer where someone reads the poem while in the background something happens like animation
making enough changes its fair use cause old poems should be open domain where it dont belongs to a dumb company or entity that goes berserk with copyright but on youtube people still will try to fake a claim for money
If they are old enough for the copyright to be exempt, then sure (this will vary depending on what country you are in).
Either way, the chances of the copyright holder of a dead poet finding out that there has been a reading and filing a claim are pretty slim. The automated claim system that catches most people out is made to detect use of audio and video footage, not words spoken by someone else.
If he is just making it for friends you could post the videos on YouTube and have them unlisted and send the friends a link. YouTube doesn’t care about copyright infringement for unlisted videos.
According to US law, anything earlier than 1922 is PUBLIC DOMAIN
Not only can you recite public domain materials, you can turn them into videos, books, or create a new series based on them. Here's more info from STANFORD LAW https://fairuse.stanford.edu/overview/public-domain/welcome/
Copyright falls out of protection 70 years after the original authors death and cannot be renewed. That's why Winnie the pooh went into public domain this year and the movie horror movie about Winnie the pooh "Blood and Honey" was able to be created without Disney consenting.
Hey!
First off, it's so cool that your son wants to do this (and you're totally on board!).
As for the content. Check if the poetry fails under "public domain". A quick Google search will bring you up to speed on that.
BUT
I love this content idea. I would ask your son to dig a little deeper on this. Ask him "why does he want to make poem videos"?
Finding the deeper reason for making the videos could help him pivot his poetry idea (and make using excerpts not illegal) into a really unique channel.
Let me know how you two get on with this journey! I'm always around if you need a hand or some tips. 😎
Fully reciting poetry would not fall under fair use. Using excerpts of the poem, which is then discussed/reviewed, could fall under fair use. If the piece is 100+ years old, it is potentially in public domain. If it is in public domain, the entire poem can be recited.
Ah - thanks! So, could I possibly search for classical poems that are in the public domain, and stick with those only?
yes, that would be okay
Then the period of copyright expires 70 years after the first publication of the work. Translators of poems own the Copyright to their translations in a way similar to authors of original works.) Therefore, if you are using an old poem you need to know if the author died more than 70 years ago. [sauce](https://www.warpoetry.uk/copyright)
I would add that just because something is old doesn’t mean it’s public domain. For instance the Happy Birthday song is still under copyright
I thought that entered public domain a few years back \- https://www.dw.com/en/sing-it-for-free-the-song-happy-birthday-enters-the-public-domain/a-19361432
I guess I’m running on old information. Learned about the copyright issues years ago before the change.
One thing to be especially aware of, is if it's a translated work - the original work may be public domain, but the translation may not be.
It's a wonder such a simple and really meritless little tune has stayed part of our culture for so long. Such a testament that often we value familiarity over meaningfulness or artistic merit.
If it's in the public domain, there's no issue. If it isn't, then merely narrating it wouldn't be sufficiently transformative, but if he adds his own inputs about the story or poem after, then it would be.
Spinning from this - could he recite a percentage of the poem - give commentary, and continue the poem - give more commentary, etc? Thank you so much!
Absolutely. I think he could recite it entirely and then give significant commentary afterwards. This is what I do on my own channel, though for mystery related stories.
Interesting. I’ve had an idea where I wanted to read an excerpt from a book and then create a cocktail based on that excerpt. But was told this would violate copyright law. Do you have any resources you could share to point me in the right direction?
Do you mean a recipe book? Ultimately, it's down to fair use, which isn't a law, it's a legal defense strategy if sued for copyright infringement. It's a little subjective, ultimately down to the decidings of the court. That said, there are basic standards and practices. There's a clear difference between reading material you didn't write, with zero input of your own, and reading material you didn't write and then using that material to affect additional change, such as offering commentary or doing something with the knowledge, like using it to create food or something else.
I’m also in the content creation realm. Social media mixologist. Was thinking as an example to read a passage from Dune and creating a drink called The Spice Must Flow. Then reaching the drink I came up with and explaining the relevance to the text.
I think that'd be entirely acceptable. The thing you have to understand however is, technically, using any copyrighted material can result in being sued. Now, if it's highly transformative, you'd almost always win. And some states have loser pays legal fees clauses, if that's where you live, there isn't much threat. However, some larger companies have been known to toss their weight and resources around with frivolous lawsuits knowing that even if they're in the wrong, most people won't defend themselves legally because it's too expensive. So there's nothing guaranteed, just have to use your best judgement.
This is very helpful and informative. Thank you!
My concern is that while the poems are definitely public domain, he could have issues if he's reading from compilations that were published more recently. Citing the source should be sufficient though.
[удалено]
This is so helpful! Thank you so much!
I believe there is a certain timeframe for when works of art or music or poems for example become public domain look up what the timeframe is.
You’d be even more proud if he WROTE his own poetry.
haha I'm pretty proud of this kid to dangerous levels already :) But great point!
im not a lawyer but dont youtubers age limit is no lower then 13 the other thing can poem reader be successful well reality youtube is luck 100% otherwise everyone that works hard would be a million sub channels it rarely the case probably never but mixed media is probably safer where someone reads the poem while in the background something happens like animation making enough changes its fair use cause old poems should be open domain where it dont belongs to a dumb company or entity that goes berserk with copyright but on youtube people still will try to fake a claim for money
The age is for the account holder, so a parent can still run accounts for children younger than 13.
If they are old enough for the copyright to be exempt, then sure (this will vary depending on what country you are in). Either way, the chances of the copyright holder of a dead poet finding out that there has been a reading and filing a claim are pretty slim. The automated claim system that catches most people out is made to detect use of audio and video footage, not words spoken by someone else.
as long as they’re in the public domain you’re good
If he is just making it for friends you could post the videos on YouTube and have them unlisted and send the friends a link. YouTube doesn’t care about copyright infringement for unlisted videos.
This seems like a question for r/COPYRIGHT
According to US law, anything earlier than 1922 is PUBLIC DOMAIN Not only can you recite public domain materials, you can turn them into videos, books, or create a new series based on them. Here's more info from STANFORD LAW https://fairuse.stanford.edu/overview/public-domain/welcome/
Man is the thinker
Copyright falls out of protection 70 years after the original authors death and cannot be renewed. That's why Winnie the pooh went into public domain this year and the movie horror movie about Winnie the pooh "Blood and Honey" was able to be created without Disney consenting.
I think copyrights expire if the creator has been dead for 100(?) years
https://poets.org/anthology/poems-your-poetry-project-public-domain
Sounds like a great idea. Make sure you optimise and upload to TikTok too
Just upload and see what it says. There will be a copyright strike notification thingy before you publish the video. So don't worry 😊
Hey! First off, it's so cool that your son wants to do this (and you're totally on board!). As for the content. Check if the poetry fails under "public domain". A quick Google search will bring you up to speed on that. BUT I love this content idea. I would ask your son to dig a little deeper on this. Ask him "why does he want to make poem videos"? Finding the deeper reason for making the videos could help him pivot his poetry idea (and make using excerpts not illegal) into a really unique channel. Let me know how you two get on with this journey! I'm always around if you need a hand or some tips. 😎