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Background Image Usage in YouTube Videos

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Topic Starter
trig
Hi!

In my recent endeavors to make sure that artists grant me permission to use their images as BGs, I stumbled upon an ambiguity that I'm confused by. I think this is the right place to ask about this, if not feel free to shout at me.

Officially, using images as BGs falls under the non-commercial Creative Commons License as far as I understand, and from the mapper/osu side of things that makes sense, nobody is making any money off the beatmap.
However, the fact that the maps that end up being ranked will sometimes be featured in YouTube videos complicates things, especially if those videos are monetized. At least I should think it does.

Technically, that wouldn't fall under non-commercial use anymore, would it? Even though I'm not personally the one using it commercially. Is it just that nobody should be monetizing their videos if beatmaps assets are visible? Or does this have to be discussed with the artist first, and if so, how do you even implement that into a permission request for non-commercial use? Or does none of this really matter and I'm just overthinking it?

Thanks for reading through my miniature novel here.
lewski
why would it be commercial use for you if you aren't the one making money from the video?
Topic Starter
trig
Because someone would be using it commercially through me essentially, and I'm the one who would've told the artist that it would be used non-commercially
lewski
If that were how it works, what would be the point of having the right to use the image non-commercially? If you use it anywhere where people can see it, someone else can copy, screenshot, or take a photo of it. The only way you could prevent others from using the image commercially "through you" would be not to use it at all, and at that point, why would non-commercial licenses even exist?

I don't think you have anything to worry about, but this isn't legal advice. If you want actual legal advice, you should consult a lawyer instead of random internet people.
Topic Starter
trig
Oh you're right, I hadn't considered it in that way. I was just curious how this whole thing was generally handled by mappers and why there seemed to be no discussion about it at all, but that makes sense now. I don't believe legal advice to be necessary for this.
Anyhow, thank you for the clarification!
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