A Legal Question, about Syns shoutout for my YouTube Channel

[Andrew Fernandes]

As some of you may know I have a youtube channel which syn gave a shoutout on our skype call. I asked a friend about using that shoutout in a video ads on youtube he profusely warned me not to saying that its illegal and fraud and that my channel already has infringement on videos because for example “the stage vocal track” video for example is not mine even though capitol takes the revenue from that video, he kinda scared me about my channel saying stuff like “if they wanted to they could ban you already” This youtube channel is like my greatest achievement basically in my life and I wouldn’t want to ruin it. Just wanted to know if anyone had any legal advice. Currently I use the shoutout on my youtube video intros. Sorry for my long paragraph and not being anything to do with guitar learning.
Sorry If Im being naive.

 

[Jak Angelescu]

I don’t know how using Syn’s shoutout on videos that are monetized is illegal. It’s not like you’re using a song he wrote, ripped it from his channel and used it as your intro. That is, if that’s what I’m understanding. He just says “Subscribe to A7X Entertainment for more Avenged Sevenfold content”. That could be the ONLY thing that could get you, is he mentions his band name, and it’s almost like you’re making money off of Avenged Sevenfold if you’re monetizing the videos. So I could see how that would be an issue. But unfortunately I’m not a lawyer and I don’t know if it’s legal or not.

 

[Andrew Fernandes]

Thanks Jak for the response. My friend kinda upset me about it, in the way he said it to me.

 

[Ed Seith]

In the strictest legal sense, you could be sent a cease and desist order from attorneys representing the old or new record label, depending on which content is shared. If you got such a request, you would have a few days to take down (or make “private”) the particular content they call out as being their property.
Now, seeing as how Syn is clearly well aware of your page and has, in a sense, “endorsed” it; and since the band take an active role in their online presence, it’s unlikely a member of the band would engage the label to take action against you. It is still POSSIBLE, it’s just unlikely.
It is not fraud, because you make no representation of being a member of the band, or an official content delivery channel. In fact, the only person hinting that you could be considered an official content delivery channel is Syn himself, and he gave you permission to use the recording and clearly actually recorded it specifically for you. In that sense, it is no different, from a legal perspective, than Syn doing a radio station plug.
If your interest is in using the clip he provided you more frequently or in a different way than he originally understood when he recorded it, then drop him a private message asking if you’re free to use it more liberally. Ultimately, that recording is your property containing his likeness and intellectual property, so you both have rights. He can give you permission explicitly to use your recording of him for ANYTHING, if he likes, and even the label would not be able to say anything to you about it – they could only pursue copyrighted material (like The Stage vocal isolation track, etc) that they have rights to, as well.
If this is as clear as mud, don’t worry. That’s legalese for you.
DISCLAIMER: I am not a lawyer, I’ve just done up a LOT of legal documents for self and others over many years and can be anal retentive about word choices, which are kinda important in legalese. Advice given is most directly inclusive of the USA and US territories. Laws and contracts in other countries may differ. Ahem. Still reading????

 

[Andrew Fernandes]

Yes Im still reading Ed lol. Thats kinda how I thought about it the way you described. My friend even went as far as saying “even if syn says its ok its not ok the label can still ban you” Im going to try get some legal advice from a lawyer. Thanks Ed means a lot for you to write such lengthy response you’ve been very helpful.

 

[Rad Synner]

What Ed said but I would also suggest for you to look up article 13 that the EU voted. I see you live in the UK so since the country is quitting the EU, article 13 shouldnt affect you but im not sur where the UK stands with that.
Bascially, the article 13 in its CURRENT FORM is about copyright on the internet and is extremely severe. Due to it, many youtubers may lose their jobs in europe simply because its a very severe law: In short, you cant upload a video where you do not have the right to its content. Its a very difficult situation and too complicated for me to explain in short sentences here, thats why im suggesting you to look it up and see how much it could affect the UK. At the moment, people are fighting against this situation because its simply not a law that could be enforced by the likeness of youtube so instead of verifying every video, they will simply block its uploading.
Ive been encouraged to talk about it because I believe it can affect free speech and give too much control to the big entities over what happens on the internet. Also, this article 13 ONLY affects the country in the EU. Its not a worldwide law.

 

[Levi Wilson]

The only thing that could actually happen immediately would be a generic takedown order by YouTube’s algorithm. But that worm is really only looking for specifically copyrighted content. Since whatever Syn did for you doesn’t fall under any copyright agreements or is specifically owned by an artist or a label then nothing will happen on that end. As someone said above the band or Syn’s lawyers could send a cease and desist directly to you and you would be given the ability to remedy that. But since he’s done the shout out then I doubt that will happen. Your friend doesn’t understand how YouTube works.

 

[Vasrely Derian]

I don’t think it’s illegal, but it does sound (sorry if I sound harsh) a little pretentious to me to be using him as an ad for your channel. But go ahead, nobody is stopping you.

 

[Ed Seith]

Oh, I don’t know about pretentious. If Syn recorded a plug for my channel, I’d be using it, too. I think pretty much all of us would. Hell, he came to my livestream, and I’ve mentioned it several times to drum up interest.

 

[Sayonil Mitra]

I went through almost all relevant YouTube policies and legal stuff after T-series took down one of my videos on my channel.
So, Youtube can ban your channel only if, your channel has got 3 community guideline strikes in a 90 day period. Nothing else.
Go through the community guidelines of YouTube if you need. You will know that this shout out will never cause a problem for you, forget a channel ban.
Although I would add, be careful with what music you use. It is always very tricky. I am sure you are aware of that.