DO I GET COPYRIGHT STRIKES? How I deal with using copyrighted material.

Hey all! So I think it's quite obvious that I use some things like audios from videos and songs in a way that may or may not be illegal. And I've had a few people ask about how I deal with it and I think it's a good idea to state my intentions and use of these materials. So here it is.

Honestly, I just hope for the best.

I'm kidding. Well, not really. Let's clarify something first.

I started to make ambiences because I have severe anxiety and listening to these kinds of things calm me down and help me sleep. So when I started my youtube channel, I figured, why not share it online in case I'm not the only one who likes escaping into the world of "Arcane" with my two favorite characters Jinx and Viktor? Maybe I could help someone else as well. So I continued making ambiences for myself, and then a couple weeks later or so, my "sleeping in the car with steve harrington" video got a thousand views! And I started uploading the audios on my podcast 'honey-lou's ambience' and people started requesting for more ambiences and I was happy to oblige. Because I know how much people need these. This gave me extra purpose and I'm so thankful to everyone for listening and for joining my small community. 

I don't make these ambiences for money. That was NEVER my intention and if I wanted to make money, I'd use some platform like "Kofi" or something to do so. But for example, I wouldn't put ads on my youtube videos (if there are, it is completely out of my control) or put ads on my podcast episodes because I'm not going to make money off of material that frankly isn't my own. It doesn't feel right and it doesn't support the artists. That's why I always link a playlist with all the songs. Not just because it's nice to know what songs I used specifically, but also because I want to credit the artists and give credit where credit is due. Also, having ads in the middle of a "relaxing ambience" completely destroys the point!

But while I made these, not all of them had music in the background. When they did, youtube copyright claimed them. Some were blocked completely and some weren't. For the ones that weren't, youtube stated that the owners were allowing them to be used with the exception of no monetization and any ad revenue made would go to them. And I couldn't agree to the conditions more. That was easy. 

But for Spotify? What do we do there? Honestly, the worst that can happen is that Spotify takes down my podcast and terminates it. Recently, Spotify came out with a new feature that said they would let their hosts feature songs in their podcasts. The feature can be done on Anchor Podcasts(which is the platform I use). But I don't think this applies to me. I am not using this feature because all the songs are already on my audio files that I use, and they're not something I embed using Anchor's tools. I am under the protection of 'fair use' instead.

(Side note: Regarding sound effects, I use copyright free effects I find online, within Youtube's own studio, and       more. If there is someone who wants a credit for a sound effect, I always credit them.)

What is fair use and does it offer you some sort of immunity?

Short answer: no. 

First off: I'm not a lawyer, I don't have a degree. I don't have a clear understanding of the law and its rules. But this is what I understand so far and this is what it's states:

"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational, or personal use, tips the balance in favor of fair use. No copyright infringement is intended. All rights go to the original owner. This video is solely for entertainment and personal purposes."

And I'm not even totally sure that's the real thing verbatim, but it's what I use as a "just in case." Also, from what I've read/heard, it's not even a completely legal law that protects things like this??? This is where it loses me. But if we do go by this Act, I would qualify myself as a "fair-use user" because all my works are non-profit and are for personal use. Though, it may not qualify for personal use entirely because I do upload for all of y'all as well. (In the beginning it was for personal use tho!)

So I really don't know, but if Spotify does come after me, they'll shut down my entire podcast. But I think my podcast is small enough that it's kind of going under the radar? I don't know. This is where I can only hope. If I'm misunderstanding something, email me with the contact below at "4."

Final Words and Thoughts

1. I don't make money from any of this, and I always credit others because I don't own any of the material. 

2. These ambiences are made for those who want to escape to another reality, calm down their anxiety, or help themselves go to sleep, or for absolutely no reason at all. I don't care. As long as you enjoy.

3. Since none of this material is mine, I am totally fine with my content being revoked or terminated. I know this may scare some of you, but it's the reality of everything. They have their rights. Hopefully it doesn't happen though!

4. I know I'm not the only one who does this and I'm curious of what they do as well. If you make ambiences using copyrighted material contact me here and let's talk! honeyloustation@gmail.com (also, am I misunderstanding something? tell me!)

5. I can only pray that everything I'm doing is safe, but I hope for the record, that it's out there and known that my only intention for these ambiences is to offer others a way to escape from reality or for whatever reason they please. 

So to answer the question of how I deal with all of this? I don't. I pray. But I do try to stay within my lines as much as possible.

When it comes down to it, you have to remember that this isn't harming anyone, nor does it have the intention to do so. It's just a silly little podcast for dreamers like me.

I know this was a lot to read. I tried to make it as quick and short as possible. Hopefully it wasn't too much. I love and appreciate all of you so much. I hope you're all having a lovely day, know that you are loved, and remember to give yourself breaks when you need it!

Lastly, thank you for listening to my ambiences. <333

xo, honey-lou