Is “Crab Rave” Copyrighted? A Deep Dive into the Hit Song’s Legal Status
Yes, “Crab Rave” is indeed copyrighted. NoCopyrightSounds (NCS) owns the copyright to the musical composition and sound recording, meaning using the song without permission can lead to legal issues, despite its prevalence in online content. The extent of permitted use varies depending on the license agreement with NCS.
Understanding Copyright in Music: The Foundation
Copyright law protects original works of authorship, including musical compositions and sound recordings. This protection gives the copyright holder exclusive rights to:
- Reproduce the work
- Distribute copies of the work
- Prepare derivative works based on the work
- Perform the work publicly
- Display the work publicly
In the context of music, two distinct copyrights usually exist: one for the underlying musical composition (the melody, harmony, and lyrics, if any) and another for the sound recording (the actual recording of the song). “Crab Rave” is subject to both.
NoCopyrightSounds (NCS): A Business Model Built on Permission
NoCopyrightSounds (NCS) is a record label and music collective that provides royalty-free music for creators, primarily online content creators. While their name suggests the absence of copyright, it’s more accurate to say they offer a specific license that allows certain uses of their music.
- NCS provides music for use in videos, streams, and other content, provided that the creator attributes the artist and NCS correctly.
- This model allows creators to use popular music without the fear of copyright strikes or takedowns.
- However, this permission is not a blanket waiver of copyright. Usage outside the permitted terms can still infringe upon NCS’s rights.
The Case of “Crab Rave”: A Viral Phenomenon
“Crab Rave,” created by Irish DJ and producer Eoin O’Broin (aka Noisestorm), became a viral sensation after its release by NCS in 2018. Its catchy tune and humorous music video resonated with internet users, leading to its widespread use in memes, videos, and streams. The song’s popularity, however, has also led to confusion regarding its copyright status. The widespread use does not negate copyright protection.
Permitted vs. Prohibited Uses of “Crab Rave”
Understanding the specific terms of NCS’s license is crucial for determining whether a particular use of “Crab Rave” is permitted. Generally, NCS allows:
- Use in online videos and streams with proper attribution. This usually involves including the artist’s name (“Noisestorm”) and NCS in the video description.
- Non-commercial use, meaning the user is not directly profiting from the use of the song.
However, the following uses are typically prohibited without express permission from NCS:
- Commercial use, such as in advertising or for-profit projects.
- Use in broadcast television or radio.
- Creating derivative works that significantly alter the song (e.g., a full-length remix).
- Claiming ownership of the song or representing it as your own work.
- Distributing the song commercially (e.g., selling copies of the song).
The Consequences of Copyright Infringement
Using “Crab Rave” or any other copyrighted work without permission can have serious consequences. These may include:
- Copyright strikes: Platforms like YouTube may issue copyright strikes, which can lead to the removal of content and even account suspension.
- Takedown notices: Copyright holders can send takedown notices to platforms hosting infringing content, requiring them to remove the content immediately.
- Legal action: Copyright holders can sue infringers for monetary damages and legal fees. This can be a costly and time-consuming process.
Tips for Avoiding Copyright Infringement
To avoid copyright infringement when using “Crab Rave” or other music, consider the following:
- Check the license terms: Carefully review the terms of use provided by NCS or any other music provider.
- Provide proper attribution: Always credit the artist and the music provider as required.
- Seek permission for commercial use: If you intend to use the music for commercial purposes, contact the copyright holder to obtain a license.
- Use royalty-free music services: Consider using royalty-free music services like NCS or Epidemic Sound, which offer a wide range of music for various purposes.
Staying Updated on Copyright Law
Copyright law is complex and constantly evolving. Keeping abreast of the latest developments is crucial for creators and users of copyrighted content. Resources like the U.S. Copyright Office website and legal blogs can provide valuable information and guidance.
Frequently Asked Questions (FAQs)
Does NCS’s “royalty-free” label mean I can use “Crab Rave” for anything?
No. “Royalty-free” does not mean copyright-free. It means that you don’t have to pay ongoing royalties for each use, but you are still bound by the license terms set by NCS. Always check the specific license agreement.
If I give credit to Noisestorm and NCS, can I use “Crab Rave” in my commercial project?
Probably not. While attribution is necessary for most NCS licenses, it’s usually not sufficient for commercial use. Commercial use typically requires a separate license agreement obtained directly from NCS.
What happens if YouTube detects “Crab Rave” in my video?
If you haven’t followed NCS’s licensing terms (e.g., by not providing proper attribution), you might receive a copyright claim on YouTube. This could result in ads being placed on your video, or in more severe cases, the video being taken down.
Can I remix “Crab Rave” and upload it to SoundCloud?
Creating a derivative work like a remix without express permission from NCS is generally a copyright infringement. You would need to contact NCS to obtain a license to create and distribute a remix.
If I only use a short clip of “Crab Rave,” is that fair use?
Fair use is a complex legal doctrine and depends on various factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the copyrighted work. Using even a short clip commercially may not qualify as fair use.
I see “Crab Rave” used in many online videos without attribution. Does that mean it’s okay to do so?
No. The fact that others are infringing copyright does not make it legal or acceptable. Copyright infringement is still a violation of the law, regardless of how widespread it is.
Is it legal to use “Crab Rave” in a school project or presentation?
For non-commercial educational purposes, using “Crab Rave” with proper attribution might fall under fair use. However, it’s always best to check with your teacher or professor to ensure compliance with school policies and copyright law.
Does the length of time since “Crab Rave” was released affect its copyright status?
No. Copyright protection lasts for a significant period – typically the life of the author plus 70 years, or 95 years from publication for corporate works. “Crab Rave” is still under copyright protection.
Can I use “Crab Rave” in a video game I’m developing?
Using “Crab Rave” in a video game, even a free one, likely requires a commercial license from NCS. Contact NCS directly to discuss licensing options.
What’s the best way to contact NCS to get permission to use “Crab Rave”?
Visit the official NoCopyrightSounds website and look for the licensing or contact section. They typically have a form or email address for inquiries regarding commercial use and licensing agreements.
Are there any versions of “Crab Rave” that are truly copyright-free?
Unless Noisestorm or NCS has explicitly released “Crab Rave” into the public domain (which is highly unlikely), there are no versions that are truly copyright-free.
If I purchase “Crab Rave” on iTunes or Spotify, does that give me the right to use it in my videos?
No. Purchasing a song on a platform like iTunes or Spotify grants you a personal license to listen to the song. It does not give you the right to use it commercially or redistribute it in any way. You need a separate license for those purposes.