iMovie Trailer youtube rights - How to dispute claims

Question

Level 1

8 points

iMovie Trailer youtube rights - How to dispute claims

Hello everyone,

I have been battling youtube from many years now with every upload from imovie that uses the trailer templates. So far I have been successful in disputing all claims, but it gets frustrating when other music companies and internet opportunists try to make claims to home made clips of apple users who have legal rights to use their music within their license agreements with imovie software from apple. Youtube continues to ignore this and makes you put a claim in every singe time which most people don't bother and then these other companies and individuals make millions on google ads through our personal work.

I will post my response to Apple and hope that others will also to allow every apple customer who uses imovie can have a reasonable starting point in wording for their disputes.

Please refer to software license agreement for the basis of your response to youtube.

http://images.apple.com/legal/sla/docs/ilife09.pdf] that gives you a license to use this music. See section 2C, especially.

Here is my latest example of my own response to "Rightster" trying to make claim for my video after youtube already cleared it once from a similar claim from "DigDis".

Pacheco Family Bermuda Mambo Nights

Reason for dispute

This video uses copyrighted material in a manner that does not require approval of the copyright holder. It is a fair use under copyright law.

Explanation

I have just disputed a previous claim similar to this one regarding use of music within a legally purchased software imovie from Apple. Within the software license agreement it clearly states that theme music within the template feature is licensed for use freely. Please review the following; http://images.apple.com/legal/sla/docs/ilife09.pdf] that gives you a license to use this music. See section 2C, especially. Again if everytime I dispute this claim someone else comes along to again claim they have rights towards a very popular software product, this is extremely frustrating to have to fight. The previous claim was rejected and I again am asking to resolve this issue quickly but also from future claims who are opportunistically attaching their claims fraudulently. This video was in its entirety created with iMovie trailer feature from apple which allows use of the music used. I own all content of the clip and don't appreciate Rightster trying to profit from my work. I would like to make a counter claim against rightster and if they continue to persue the rights to my video then I will create a counter claim and take legal action. Please put a note on this video with my previous notes for the other rejected claim from digdis and also this fraudulent claim from Rightster to avoid continuing to have to fight this everyday. Please feel free to contact me at emmypacheco@gmail.com

I have a good faith belief that the claim(s) described above have been made in error, and that I have the right(s) necessary to use the contents of my video for the reasons I have stated. I have not knowingly made any false statements, nor am I intentionally abusing this dispute process in order to interfere with the rights of others. I understand that filing fraudulent disputes may result in termination of my

Also here is the original email back from the first claim from "DigDis" who fraudulently tried to make claim of the music.

help center | e-mail options | report spam

Dear emmypacheco,

DigDis has reviewed your dispute and released its copyright claim on your video, "Pacheco Family Bermuda Mambo Nights". For more information, please visit your Copyright Notice page

Sincerely,
- The YouTube Team

If you agree with my approach I would love to hear from you so we can help each other from future abuses of youtube copywrite claims.

iMovie '11, OS X Mountain Lion, iMovie trailer templates music

Posted on Aug 19, 2012 7:30 AM

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Answer 1

Klaus1

Level 9

52,873 points

Aug 19, 2012 7:34 AM in response to myemmy

This question comes up from time to time. YouTube and Facebook are both wrong.

There are a number of con-men who think that they can earn a quick buck from claiming that they own the copyright to Apple’s royalty-free jingles and sound effects included with the iLife applications. These are all free to use, as clearly stated in section 2.C of the iLife Software License Agreement:

“You may use the Apple and third party audio content (“Audio Content”) contained in or otherwise included with the Apple software, on a royalty-free basis, to create your own original soundtracks for your video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however, individual samples, sound sets, or audio content may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files, sound effects or music beds.”

http://images.apple.com/legal/sla/docs/ilife09.pdf

You should this (also providing the above link) when following the dispute process with YouTube.

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Answer 2

myemmy Author

Level 1

8 points

Aug 19, 2012 7:35 AM in response to Klaus1

MUSIC ON THIS VIDEO IS ROYALTY FREE

Apple Computer, Inc. - Soundtrack Pro Software License Agreement

2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Apple Software on a single computer at a time. You may use the Apple and third party audio file content (including, but not limited to, the built-in sound files, samples and impulse responses) (collectively the "Audio Content"), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original soundtracks for your film, video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however, individual audio files may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files or music beds.

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Answer 3

Oct 15, 2012 9:35 PM in response to DannyBoiT

If you read again the above copy of the royalty free use provision, it is clear that you indeed can monetize your videos made in iMovie; you just can't take the licensed music and monetize it stand-alone...e.g. make a cd/DVD and go sell the music by itself.

Use in your own iMovie is permitted on a royalty free basis. As long as it is part of your iMovie project. Even if commercialized.

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Answer 4

Oct 16, 2012 6:29 AM in response to myemmy

See my User Tip here.

https://discussions.apple.com/docs/DOC-4201

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Answer 5

Sep 21, 2012 1:20 PM in response to myemmy

So does this mean I can not monetize my videos that are made in imovie? with the iMovie Trailers?

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