Can I use a song in my YouTube video if I give credit to the artist?

In Plain English

Based on the information provided, simply giving credit to the artist doesn't automatically mean you can legally use a song in your YouTube video. The Copyright Act 1968 protects the rights of copyright owners. To use a song legally, you generally need permission from the copyright holder, unless your use falls under a specific exception, such as fair dealing.

Detailed Explanation

The Copyright Act 1968 grants copyright owners exclusive rights over their work. Using a song in a YouTube video typically involves reproducing the song and communicating it to the public, both of which are acts restricted by copyright.

There are some exceptions to copyright infringement. One is "fair dealing," mentioned in Schedule 1 of the Copyright Regulations 2017. Fair dealing allows the use of copyrighted material for purposes like research or study, but it's subject to certain limitations. The regulations specify what constitutes a "reasonable portion" of a work for research or study purposes. It's unlikely that using an entire song in a YouTube video would qualify as fair dealing.

Section 182A of the Copyright Act 1968 allows for the reprographic reproduction of one copy of prescribed works, such as Acts, judgments, and other statutory instruments, for a particular purpose without infringing copyright, provided that the charge for making and supplying the copy does not exceed the cost of doing so. This provision is not relevant to the use of a song in a YouTube video.

Section 55 of the Copyright Act 1968 outlines conditions under which a manufacturer can make a record of a musical work. This section requires giving notice to the copyright owner and paying royalties. Regulation 9 of the Copyright Regulations 2017 details the requirements for this notice. This section is relevant to the making of a record, not to the use of a song in a YouTube video.

Giving credit to the artist does not automatically grant you permission to use the song. Unless you have obtained a license from the copyright owner or your use falls under an exception like fair dealing, using a song in your YouTube video may infringe copyright, even if you give credit.