We see lots of confusion over the nature of claims of copyright infringement. It’s confusing!
Under Vimeo's Terms of Service (https://vimeo.com/terms), you are only permitted to upload videos for which you have all the necessary rights and permissions, including any applicable music licenses.
If you use a piece of music and do not have a license or other permission from the copyright owner, you need to have a strong legal basis that justifies this, for example, if your video fits within the contours of fair use.
While some of these responses do touch on elements of fair use, declaring one of the following has zero effect when it comes whether or not your videos are susceptible to claims of copyright infringement. These are not magic words that can exempt you from takedowns:
- “I never claimed ownership of the song.” Declaring ownership is irrelevant to a claim of copyright infringement.
- “I credited the artist.” That was cool of you but does not exempt you from a claim of copyright infringement.
- “I never made any money from this video.” While it is one aspect of a fair use analysis, profit or commercial intent is not a requirement for a claim of copyright infringement.
- “I bought this song from an online music store.” Generally speaking, the set of rights conferred when purchasing a piece of music for personal use via an online music store is not sufficient for the process of synching that piece of music with visual elements and uploading the resulting audiovisual work to a streaming platform like Vimeo. (It’s complicated!)
While fair use or the application of a valid license may be used as the basis for a counter-notification or to convince the claimant to retract their takedown notices, they are not sufficient for Vimeo to restore a video or account or to decline to remove a video or account.