Ultra Records filed a complaint of copyright infringement against Michelle Phan this month in Los Angeles. Ultra names Kaskade as an artist Phan uses as a music bed in her YouTube videos. Michelle Phan is a beauty vlogger with 6.75 million subscribers on YouTube. She shows how to use different beauty products to her viewers with formal branded product recommendations embedded in the video. For an example, see this video “Night Life Favorites” that shows makeup application, what items to bring on your night out, and logos of the products presented, which uses Kaskade’s song “4AM” and has been viewed 1.4 million times.
What should Michelle Phan have done? Obtained a synchronization license for the music from Ultra Records before posting the video. Here is Billboard’s article, then check out the debate amongst Phan fans in the comments section of the video’s page:
GulZoraKhan — “I would never know the majority of the music Michelle plays in her videos if she didn’t use them. So they record company should be thanking her for promoting their songs and listing it in the information bar rather then suing her.”