The situation you describe involves different aspects of copyright law and performance rights. Here's why the outcomes differ:


1. Street performer singing a song:

When a street performer sings a copyrighted song in public, they are generally not violating copyright law because public performances are typically allowed without a license[1]. However, this doesn't mean the performance is free from all copyright considerations.


2. Video of street performance on YouTube:

If someone records the street performance and uploads it to YouTube, they might not face copyright issues because:

- The recording itself is their own original work.

- The performance was in a public space.

- There may be an implied license from the performer, who was aware of being recorded[1].


3. Using that video in your own video:

If you use the YouTube video of the street performance in your own video, you could face copyright issues because:

- You're creating a derivative work using someone else's recording without permission.

- The original song being performed is still under copyright protection.

- YouTube's Content ID system may detect the copyrighted music, regardless of its source[2][6].


The key difference is that in the third scenario, you're using a recording that contains copyrighted material (the song) in a new context, which requires different permissions. Even if the street performance video itself doesn't violate copyright, using it in your own work could trigger copyright claims or strikes on YouTube[7].


To avoid copyright issues, it's best to use royalty-free music, obtain proper licenses, or create original content for your videos[6][7].


Citations:

[1] https://www.socialbrite.org/2009/08/16/the-rules-around-capturing-public-performances/

[2] https://www.tunepocket.com/use-copyrighted-music-youtube/

[3] https://www.connollymusic.com/stringovation/posting-performance-recordings-online-without-violating-copyright-laws

[4] https://www.reddit.com/r/NewTubers/comments/n6f5y2/can_a_song_playing_in_the_background_cause_a/

[5] https://www.youtube.com/watch?v=NlPtqCSKTtE

[6] https://www.youtube.com/watch?v=6lZ0FUrpGXE

[7] https://www.youtube.com/watch?v=2KrtDLie3E8

[8] https://gearspace.com/board/songwriting/1269662-okay-use-capella-vocals-youtube-if-u-dont-sell-song.html


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Answer from Perplexity: pplx.ai/share

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