Copyright law for nursery rhyme channels on YouTube

Hello, Rhymees! <3
How are you doing today? (Last updated on 05,08,2023)

Everyone's making nursery rhymes these days to monetize on YouTube.
But most of them have no idea about the copyright laws.

Some were used to get their accounts penalized and the videos muted or removed for not caring about this very much.


Copyrights law for nursery rhymes

People got so many questions about this topic.
I thought I should share a few because it will help my clients to build their channels in the future.
1. Do nursery rhymes have copyrights?

Absolutely, nursery rhymes can indeed be protected by copyright. However, the copyright status of a nursery rhyme hinges on its creation and publication timeframe. Nursery rhymes that were composed and published prior to 1923 are considered part of the public domain and can be utilized without any restrictions. Conversely, those crafted and published after 1923 might retain copyright protection, contingent upon the copyright duration applicable in the country of publication.

In the context of the United States, the copyright span for a literary work extends for the duration of the author's life plus an additional 70 years. Consequently, nursery rhymes authored by individuals who passed away prior to 1943 are in the public domain in the United States. Nevertheless, nursery rhymes created by authors who passed away after 1943 might still be safeguarded by copyright, contingent upon the publication date.

Outlined below are some guidelines for ascertaining whether a nursery rhyme is part of the public domain:

1. Verify the copyright duration within the nation where the nursery rhyme was published.
2. Ascertain the exact composition and publication dates of the nursery rhyme.
3. Conduct a search in the U.S. Copyright Office database to locate information about the nursery rhyme's copyright status.
4. In case of lingering uncertainty, consider reaching out to a copyright attorney for professional guidance. (Source: Google)

YouTube uses a robust system called "CONTENT ID" that helps copyright owners to identify and to manage how their material is used on YouTube.Every video which has uploaded to YouTube is scanned against the content Id database to detect if it contains any copyrighted stuff belonging to someone else.

2. Can I use copyrighted nursery rhyme music on YouTube?


Copyrights law for nursery rhymes

Whether or not you can use copyrighted nursery rhyme music on YouTube depends on the specific nursery rhyme and the specific music. If the nursery rhyme is in the public domain, you can use it freely, even if the music is copyrighted. However, if the nursery rhyme is still under copyright, you will need to get permission from the copyright holder to use the music.

In some cases, you may be able to use copyrighted nursery rhyme music on YouTube without permission if you use it for "fair use" purposes. Fair use is a legal doctrine that allows you to use copyrighted material without permission for certain limited purposes, such as criticism, commentary, news reporting, or education. However, fair use is a complex legal doctrine, and it is not always clear whether a particular use will qualify as fair use.

If you are unsure whether you can use copyrighted nursery rhyme music on YouTube, it is always best to err on the side of caution and get permission from the copyright holder. You can usually find the copyright holder by searching the U.S. Copyright Office database.

Here are some tips for using copyrighted nursery rhyme music on YouTube:

  • Check the copyright status of the nursery rhyme and the music.
  • Consider whether your use would qualify as fair use.
  • Get permission from the copyright holder if you are unsure.
  • Use the music in a way that does not harm the copyright holder's interests.

If you use copyrighted nursery rhyme music on YouTube without permission, you may receive a copyright claim from the copyright holder. This means that your video will be blocked or muted, and you may be asked to remove the music from your video. In some cases, you may also be required to pay a fee to the copyright holder.

It is important to note that YouTube's policies on copyrighted music are constantly changing. It is always best to check the latest policies before using copyrighted music on YouTube.

3. Who decide about the copyrighted content that I've used in my video on YouTube?

Actually, it's not YouTube. It's who owns the copyrighted material that decides what to do with your videos.

4. What can copyright owners do with my nursery rhyme video?


Copyrights law for nursery rhymes

If you use someone else's copyrighted content which they have registered in the content Id system, they can
  • MUTE your nursery rhyme video ( Video will be still available but the audio will be gone)
  • BLOCK your nursery rhyme video ( Oh! This is the worst thing that can happen to you. This can penalize your channel)
  • MONETIZE your video by running their ads. ( You cannot monetize it then)
  • TRACK the viewership statistics of your video.
Mostly, content Id is only available for established music publishers. But few more companies offer technical solutions for independent music producers to protect their work.

4. I got a copyright claim for my nursery rhymes channel, am I in danger?

As I said before, it will decide by the copyright content owner. In most cases, the owner will be happy to let you use their music on your video because they can use your video to show their ads.

But on the other hand, if the copyright owner decides to block your video, repeated offenders will be banned from YouTube.Note that deleting offending videos does not help you to restore your account standing.

5. How can I legally use copyrighted nursery rhyme music on YouTube?

So when you get a copyright claim, YouTube suggests you do these things.
  • Knowledge it : If you don't mind other people's ads on your content, you have to do nothing.
  • Remove or swap (YouTube allows to remove the song, replace the song, or trim to automatically release copyright claims.)
  • Share revenue: If you're a partner, you can share revenue.
  • Dispute the claim if you think that you have the right to use the music. 
Copyrights law for nursery rhymes

I've seen so many people not really trying to get what they own.If you're sure that you made the music or you bought your nursery rhyme from a trusted person, why don't you make a dispute????

Anyway, the best option is to secure the permission of the copyright owner to use their music on YouTube and to have the owner retract the claim. This may be free (as with Creative Commons or Public Domain music) or you may need to pay a licensing fee.

6. Where can I find a trusted person to make music for my kid's YouTube channel?

Fortunately, many music production companies and individual composers create music specifically for use in YouTube videos. You can get such music either directly from a composer (Try nursery rhymes girl.) You are able to get original songs and recreations without any copyright claims for sure. If you have any problem with an already purchased song or the song you plan to buy in the future, you can drop an email here to nurseryrhymesgirl@gmail.com

7. Why do I need to deal with copyright claims if I have the permission to use the music?

I really want my clients to read this. Unfortunately, the Content ID system cannot tell in advance (yet!) whether you have permission to use a particular nursery rhyme music track. It merely informs you that your video contains copyrighted music. It is your responsibility to reach out to the copyright owner and request the retraction of the claim. Nowadays, most professional composers resort to AdRev or similar services to protect their copyright. Don’t let this discourage you. AdRev system allows the composers to easily clear the claims and even to whitelist entire YouTube channels to prevent any future claims.

8. Wouldn’t it be easier to use “copyright-free” music?

As long as a particular music track is not registered with the Content ID system, it won’t trigger any copyright claims. If you search the Web, you will certainly find YouTube channels and Web sites offering freely downloadable “copyright-free” music.
However, if you’re a partner or in charge of your company’s video marketing channel, you should always opt for obtaining the formal license that explicitly grants you the right to use the music the way you need.
Get your music from a reputable music provider. Which is cleared for commercial use. Check a few nursery rhyme samples which I did for my clients here.
Hope you got something you wanted ever to read..
Will meet soon with another post :) Have a good day! :) Thanks for your valuable time. Your visits are so much to me.

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Post a Comment

13 Comments

Juanita said…
This is great information on copyright! Definitely includes somethings that I hadn't even thought about, but good to know.
Maysz said…
Such a great article! This is really helps to aware people about copyright!
Lorita said…
Thanks for sharing tips on this matter. It’s helpful understanding copyright
Yonnah M said…
Great advice for youtubers. I’m sure this could be confusing at first.
Anagha said…
Copyright law is indeed important. So many people had been misusing it.
Unknown said…
Very important for people to familiarize themselves with copyright law.
Great insights on copyright law. Most people need to educate themselves on this!
This was very informative.. thank you for sharing
Manon HOAREAU said…
Hi, this is such a useful content! Very informative for all youtube creators! Many thanks :)
Unknown said…
Wow, great article! What about if I sing the nursery rhymes myself without a music background? Could that get me in any trouble on Youtube? Thanks!
Anonymous said…
Great article. The big question is do you know where we can find out which nursery rhymes are copyright and which are not?
pedja said…
Very important info for people creating nursery music to get to know themselves with copyright law.
Fransic verso said…
You answered great questions, and nice the owner allow you to use it. Informative post!