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No matter how old a song is if it is still under a copyright then it can't be used with out the copy right holders permission.
Heck the happy birthday song been around for over a century and it still has a copy right. Why do you think places come up with their own happy birthday song? So they don't have to pay a licensing fee.
As it is now you "technically" can't even show some footage if it's not fair use but most companies have thankfully given you the right to upload gameplay footage to youtube, you can even earn money from it. For me that is a HUGE act of 'kindness' from the companies.
Music is a whole different kind of beast as they are notoriously defensive about their rights.
Some games even have an option to remove copyrighted music ingame for those who stream or record the gameplay. Just think about that for a second and you might understand how much some companies try and help you with your gameplay videos! :O
I don't like the copyright laws as they are now, but you have to work with what you have. You could also get a consultation from a lawyer on what you can and can not do and what the risks are.
I believe the "happy birthday song" has entered the public domain now. But it was done just recently so I think your point still stands on the whole "everything is/can be copyrighted". :/
I never knew it became public domain. I remember them talking about it but i didn't keep up with it.
I just remembered it because someone I knew talked about it today. So you are forgiven for not knowing everything that happens around the world! ;P
I just find it "funny" that so many things you don't even think about, if it's copyrighted, IS copyrighted. :/
Somethings imo wouldn't be or shouldn't be copy striked if its done for fun. Should a singer go to an elementary school talent show and copystrike/sue the kiddies who are doing a folly skid to their songs? Is a local event food vendor playing the stereo be sued for attracting people to his stand using music? Hell both cases they make $$$ (sell tickets for the talent show or sell more items at their stand as the music sets the atmosphere).
YT becoming more monetized was imo one of the worst things it could've done. There are no talent hacks who post garbage content and make hundred, thousands, maybe millions of $$$ on their channel for ad revenue.
Then you have just regular kiddies/people who wanna make a video for fun and interact with the world. No money involved, they just wanna make a video, post it, and be immortalized forever online. But because they play more than 5 seconds of a beatles song in their intro their video gets taken down.
Not just YT but also music/gaming/tv companies too.
Probably one of the better examples i can give about companies being scummy/just wtf was the pokemon uranium mod game from another pokemon game. They actually got the greenlight from nintendo only to get copystriked and taken down last min.
It's quite hard to pass a game without getting copyrighted as long the video itself has song/music that's copyrighted.
Well at some point you just need to turn off the music down and put a bgm that doesn't have copyright or your own stuff.
But it will stay that way, probably keep worsening as the related lobby has billions for that purpose.