On July 16, Ultra records filed a lawsuit against popular YouTube vlogger Michelle Phan in a Los Angeles District Court. Ultra is alleging that Phan committed copyright infringement when she used music by their artists in her videos. Phan, who has a subscriber count of 6.6 million, reportedly earned as much as $5 million last year. Some of her more popular videos have been viewed over 50 million times.
The complaint:
According to the complaint, Phan’s videos use music owned by Ultra, including the Grammy-nominated Kascade. Phan’s “Night Life Favorites” video uses the song “4AM.” Ultra is seeking an injunction, which would stop Phan from using the music going forward, and are looking for the maximum statutory damages of $150,000 per incident or any other appropriate damages amount.
Ultra says that they informed Phan of the need for a license, but that their request was ignored by Phan. The YouTube star has leveraged her fame to get a book deal and makeup line, as well as appearing in advertisements for both YouTube and Dr. Pepper.
This could be a big deal and could have easily been avoided. There is plenty of royalty-free and creative commons-licensed music available for a great price that can be used in YouTube videos. If nothing else, those who create content for YouTube should be aware of the laws surrounding the use of this content or hire a professional who can help them.
The Internet, and more importantly YouTube, isn't the Wild West anymore. When people creating content are making money, those who have an interest and feel that their rights have been infringed will come knocking. This is another situation where new media creators are running up against a well-established industry with a well-established legal framework. A little work and education up front can save a lot of trouble later.
For more about the case, here is the info:
Ultra International Music Publishing LLC and Ultra Records LLC v. Michelle Phan, U.S. District Court, Central District of California, No. 14-05533.