How it was recorded has nothing to do with copyright law (in this case, mechanical rights are a whole thing).
A musical work was publicly performed (via the radio). He recorded that musical performance (making a copy of the musical work in the process) and then distributed that recording of it to a wider audience. Each time someone watches that video, that is a public performance of that musical work.
Whether there was intent or not, it doesn’t matter. How it was recorded doesn’t matter.
Copyright law doesn’t care about intent. It cares whether a musical work has been performed or copied. Both have happened in this case.
And it can be argued that it does not fall under news programming (he’s not a journalist breaking a story) nor educational (he’s not teaching anything). Therefore it will struggle to be considered fair use.
This is actually copyright law finally being applied correctly on the internet. Its just taken years for it to actually happen on platforms like YouTube.
A musical work was publicly performed (via the radio). He recorded that musical performance (making a copy of the musical work in the process) and then distributed that recording of it to a wider audience. Each time someone watches that video, that is a public performance of that musical work.
Whether there was intent or not, it doesn’t matter. How it was recorded doesn’t matter.
Copyright law doesn’t care about intent. It cares whether a musical work has been performed or copied. Both have happened in this case.
And it can be argued that it does not fall under news programming (he’s not a journalist breaking a story) nor educational (he’s not teaching anything). Therefore it will struggle to be considered fair use.
This is actually copyright law finally being applied correctly on the internet. Its just taken years for it to actually happen on platforms like YouTube.