“The thin line between entertainment and war / The frontline is everywhere, there’ll be no shelter here.”
— Rage Against the Machine, “No Shelter”

This track by the amazing band Rage Against the Machine critiques the commodification of culture and the exploitation of art for profit, while expressing resistance to corporate control. It reflects the tension between art as a form of expression and how it is often exploited for commercial and corporate gains. Monetising YouTube with copyrighted music is a complex process, especially when navigating the legal landscape in South Africa. With YouTube’s strict adherence to global copyright laws, creators need to be aware of both YouTube’s policies and South African legislation to effectively monetise YouTube content that includes copyrighted material without exploitation.

This guide will explore the steps involved in monetising YouTube with copyrighted music, the legal frameworks in place, and the best practices to ensure compliance under South African law.

Can I Use Copyrighted Music on Non-Monetised Videos?

Using copyrighted music without the necessary permissions, even in non-monetised videos, can lead to copyright infringement. Here are key points to understand about how to monetise YouTube:

1. YouTube’s Content ID System: YouTube uses the Content ID system to detect copyrighted music. If the system flags your video, copyright holders can choose to block the video, mute the audio, or place ads on it, with any revenue going to them. The same applies to non-monetised videos.
2. South African Copyright Law: Under the Copyright Act 98 of 1978 in South Africa (and the new bills on our President’s table for signature), the unauthorised use of copyrighted music is a breach of intellectual property rights. Whether your video is monetised or not, using copyrighted material without permission can lead to legal consequences. Rights holders can seek damages, and YouTube will enforce compliance through its automated systems.
3. Exceptions:
   • Fair Use (or Fair Dealing in South Africa): Under South African law, fair dealing allows limited use of copyrighted work for purposes such as criticism, review, or reporting. However, this is a nuanced defence and should be approached with caution. The onus will be on you to show “fair dealing”.
   • Licensing and Permissions: To use copyrighted music legally, you can obtain a licence from the copyright owner or music rights organisation such as SAMRO (Southern African Music Rights Organisation).
   • YouTube Audio Library: For a hassle-free option, YouTube’s Audio Library offers copyright-free music that can be used without violating copyright laws. Some tracks require attribution, so it’s also essential to review the terms.

How to Monetise YouTube with Copyrighted Music

Monetising copyrighted music on YouTube without permission violates both YouTube’s terms of service and South African copyright law. Here’s how you can legally monetise such content:

1. Content ID and Revenue Sharing: Copyright owners can choose to monetise videos containing their music by placing ads on them. In this case, the revenue generated goes to the copyright owner, and the uploader may not benefit unless a revenue-sharing agreement is in place.
2. Licensing and Permissions: If you have obtained a licence from the copyright holder, you can legally monetise the video. Licences can be negotiated directly or through rights management bodies like CAPASSO (Composers, Authors, and Publishers Association) in South Africa.
3. Fair Use Doctrine: While fair use can sometimes protect the use of copyrighted material, relying on it is risky. Fair use is a subjective defence, and even if you believe your video qualifies, the copyright holder or YouTube might disagree, potentially leading to a takedown.
4. Consequences of Unauthorised Monetisation: Uploading copyrighted music without permission can lead to:
   • Video takedowns or demonetisation.
   • Copyright strikes (accumulating three strikes can lead to account termination).
   • Legal action under South African copyright law, which could result in fines or civil penalties.

Monetising Your Copyrighted Content on YouTube in South Africa

If you’re an artist or rights holder in South Africa looking to monetise your own music on YouTube, follow these steps to ensure legal compliance:

1. Create Quality Content: Original and engaging content is key to maximising viewership and potential revenue.
2. Join the YouTube Partner Program (YPP): To monetise your content, your channel must meet YouTube’s requirements, including having at least 1,000 subscribers and 4,000 watch hours in the past 12 months. Make sure your content complies with South African copyright laws.
3. Google AdSense and Payments: Set up a Google AdSense account linked to your YouTube account to receive payments.
4. Content ID for Rights Holders: If you’re the copyright owner, you can apply to YouTube’s Content ID system to automatically manage your music. This allows you to monetise videos that use your music, block them, or track their performance.
5. Engage with SAMRO and CAPASSO: As a South African content creator, ensure your work is registered with SAMRO for performance royalties and CAPASSO for mechanical rights, especially if your music is played on YouTube or other digital platforms.
6. Stay Updated with Legal Requirements: Regularly review South African copyright laws and YouTube policies to stay compliant. The Performers’ Protection Act and Electronic Communications and Transactions Act are also relevant when dealing with digital content distribution.
7. Explore Additional Revenue Streams: Use features like Super Chat, merchandise shelves, or YouTube memberships to supplement ad revenue. Specialists like Digital Bridge Music provide great assistance in maximising your revenue too—visit www.digitalbridgemusic.com.

Final Thoughts

Monetising copyrighted music on YouTube can be profitable if done legally and ethically. Adhering to South African copyright laws and understanding YouTube’s content management systems like Content ID will ensure that you remain compliant and avoid the legal risks of unauthorised usage.

The digital era offers tremendous opportunities, but creators must respect intellectual property rights to thrive. Understanding the legal landscape, obtaining proper licences, and collaborating with specialists and rights holders are essential for successful and sustainable content monetisation.

Whether you create music or utilise music for creating content, ensure that you are always up to date with the legal landscape to protect your digital legacy. Stay compliant and protect your content with SAMRO and CAPASSO registrations to ensure you are fully in line with South African laws.

For inquiries, contact WJ Hattingh at Wessel@weslawafrica.co.za.