Make Up Tutorials Pay The Price
Michelle Phan Sued By Ultra For Copyright Infringement
I know I’ve seen it many times, and it’s not people’s fault they don’t know: YouTube users upload videos with music they don’t own every day. Sometimes the user even leaves a “no copyright infringement intended” comment in the video description. Unfortunately, it’s not as simple as that. Also, contrary to common belief, giving credit to the artist does not mean you are allowed to use the song.
Case in point: YouTube Star, Michelle Phan. Phan, who has over 6.7 million YouTube subscribers, is being sued by Ultra Records LLC and Ultra International Music Publishing LLC for copyright infringement. Phan has allegedly used several songs from popular DJs on her YouTube videos without a license. Below is one of her videos, featuring music from Kaskade.Note, if you actually go to the YouTube page, Phan has listed Kaskade as the artist, and posted a link to purchase the song, “4 am,” on iTunes.
Ultra is reportedly seeking both an injunction to stop Phan from using their music and either statutory damages (which can amount to $150,000 per infringement) or unspecified damages to be determined. This could lead to quite the pay day– some of Phan’s videos, have reached roughly 50 million views.
Seemingly upset, Kaskade, himself, took to Twitter to comment on the suit:
Kaskade’s response is hardly surprising considering some of the ethos of EDM and remix culture. Music was meant to be shared! But beware, whether you give credit or not, without a license to use the music you could find yourself in trouble. As for Phan, Ultra claims that she was made aware that she was using their music and that she would need to obtain a license, but failed to do so. File under “for real?” You bet, Kaskade.
 http://uk.reuters.com/article/2014/07/17/uk-copyright-phan-idUKKBN0FM2IY20140717  Id.