Copyright violations: are they valid?

Hello to all,


I am a videomaker wishing to share matters related to spiritual and social issues. I have made and posted many videos on the You Tube.


I have been recently served a notice that an audio clip which I had created in Garage band using Apple's loops 'MAY BE MATCHING' someone else's composition! In fact, to avoid such claims I had taken the pains to create my own compositions and use them as background music for my projects. I have those projects in my GB and can even show that I had created the file and not copied it from anyone else. I have contested the claim and would like to know from this forum how I need to pursue this matter in the future. I also like to share with you this feeling I have: is there any party busy in making spurious claims in this matter for personal gains? Is there any process adopted by You Tube to ensure that invalid challenges are inhibited?


Another matter of intrugue is 'part of the music is matching'! Now when you use Apple loops, is it not possible that the same loops you use may have been used [or will be used] by another person?


I wish there would be fairplay in this matter and claims to copyright violations are first scrutinised thoroughly even before notices are served.


Hoping to hear from seasoned forum members in this 'plight' of mine!

iMac, Mac OS X (10.7.5), garage band, FCPX:10.0.8 version

Posted on Sep 13, 2013 2:48 AM

Reply
22 replies

Sep 13, 2013 4:53 AM in response to somanna

I understand your frustration.


My advice is to stand your ground. Eventually this will go away.


It has happened to me once: I received notice from youtube that the audio in one of my videos violated copyright. It was completely bogus, since I used - believe it or not - a midi file to create that, and some entity claimed it was a recording by some pianist, which they owned the copyright to.

Even after I gave full details to the origin of the audio, they still stood by their claim. I insisted and eventually they dropped the claim.

Oct 3, 2013 8:05 AM in response to somanna

Hello again!


Today I have uploaded an English version of an original [Telugu] montage on You Tube and had to face this 'matched third party content' as soon as it was successfully uploaded. In fact I have 5 versions of this song video which have been already uploaded months ago and have remained unchallenged until today.


When I tried to look up what was being contested, I saw that I has used the audio clip from FCPX's music browser [Chaise Lounge. short] at two places. Assuming that this bit was being contested, I deleted these two audio clips and replaced them with clips from my own audio collection [I have taught myself how to create my own compositions in Garage Band using only the Apple loops].


I am scratching my head in wonder and disgust. I have contested the claim.


While upon copyright issues, are the recent new 'CREATION TOOLS' which You Tube is offering for free use? The music clips sound lovely!

Oct 3, 2013 8:55 AM in response to Luis Sequeira1

The issue is that the free loops in Apple software are often from other royalty free libraries and they end up getting used in copyrighted compositions. Google's filter is not able to distinguish this out i.e. filter out content containing royalty free portions and so it assumes you stole the copyright claimant's music. When often it's simply that you used a matching royalty free clip...

Oct 4, 2013 2:13 AM in response to somanna

Almost all of the Apple Loops library is copyright by "third parties." In FCPX, as you go into the list of loops, you'll see the creator's credit, example: Detroit Chop Shop (a lot of metallic noises.)


There are several problems using Apple Loops:


1) you've been given the impression that you can use these loops in all your productions, both personal and commercial.


This is essentially true... however: f you read the fine print (several times, and slowly 😉 )


2) you're not supposed to use any Apple Loops from 3rd parties without providing appropriate credit (IN the work in which it is used; not the "about" or "description"; not anywhere apart from the work itself.)


We have been innundated with credit rolls so much all our lives that we barely pay attention to them anymore... sometimes we even feel the credits are longer than the actual work! But they are absolutely necessary. You can state something like: Music: Chaise Lounge Short by Apple, Inc. (or, whoever is listed) Used with permission. [That is a true statement - it is used with permission AND you have provided the necessary credit.]


3) You are not supposed to use any Apple Loop "standalone" in its "entirety" -- in other words, you cannot provide any other party to be able to download/copy the Loop so that it is in the same condition provided to you... You need to "ruin" it in some way (voiceover, or add other content to change it in some way.)


I used a small portion of one of the music beds (within the EULA) and it matched content to somebody else who had used the entire "music bed" as provided in Logic. *THEY* violated the EULA, but I got tagged for copyright infringement (all things being fair, at that point, I hadn't learned my lesson about the in-video credit line...) And that leads me to one of the biggest problems:


4) Somebody has already beaten you to using whatever Apple Loop you want to use...


Apple Loops have been around for a lot of years. Chances of you finding one nobody has used before are practially nil. The loops by Apple are not likely to be a cause for concern (other than the fact that somebody else beat you to them: YouTube's content matching system has already marked the first use of the loop as the "original owner" of the loop - even if that's *wrong*!), but the third party loops will usually fire matches from the original copyright holders.



Wait until you've copyright infringed yourself (yes... that has happened to me!! With my own original compositions!!!) So credit credit credit... I'm fairly sure that as soon as you upload your video to YouTube, a HUMAN puts eyes on it to make sure those credit lines exist.


BTW, all of this also means that you MUST (and absolutely SHOULD) place a © notice on your work as well; that you created an have rights to all the material you used; that you have properly credited all work that you used with permission; etc. etc. etc.


There is a possibility of one more problem:


5) YouTube does not care. (period) They have to cover their own derrieres. If they think you have any liability whatsoever --- it's your problem not theirs. They will not "act on your behalf" to "fix it". A dispute, even a valid one, may not work out in your favor. That's just the way it is. You upload content and it is completely at the "whim" of YouTube/Google. They have the power to take it down if it's going to cause a problem and you are powerless to do anything about it. Accept it. Never get angry... or righteous! Be grateful they don't charge you anything for the favor they provide.


It's a learning process...



HTH

Oct 4, 2013 2:52 AM in response to fox_m

Am sure glad that you have taken such pains to write this long , informative and exhaustive post.


Thanks. I am minded to make a template exclusively for this matter of copyrights/credits.


BTW, the copyright violation claim went away within one day when I stood my ground. Two videos [videos in different version] have been also challenged and I have disputed the claim...the result is not yet out.

Oct 4, 2013 12:35 PM in response to somanna


I am minded to make a template exclusively for this matter of copyrights/credits.


Using credits will minimize the time you spend in disputes, which is an annoying waste of your time and energy.



BTW, the copyright violation claim went away within one day when I stood my ground. Two videos [videos in different version] have been also challenged and I have disputed the claim...the result is not yet out.

You win some, you lose some, and sometimes your videos will just go into limbo... To add to my earlier post, the burden of proof does not lie with the copyright claimant - it lies on you. I've used copyright-free media/music (from archive.org) and had companies like Sony, EMI and BMI claim they own the copyright. The music was patriotic (not-copyrightable per se, but *performances* of the music can be copyrighted), I was never able to make the case and get the claim lifted (this also predates the lesson I've learned about crediting everything -- even *myself* as the producer/creator.) This falls into the YouTube doesn't care category. Without due credit - you don't have a leg to stand on...


One thing that is absolute: any video in copyright dispute cannot be monetized (at least not for the uploader.)

Oct 4, 2013 7:49 PM in response to fox_m

Dear Fox,


Thanks for the update.


Could you suggest me the draft of the text input to be placed under credits/copyrights. You could, if you mind it not, send such a draft [the legal terminology aspect of the matter] to my email address under my profile.


The monetisation part of the matter does not bother me the least: I consider the works I do to be of so paramount importance to the viewer that I do not want their concentration to be diverted by the cravings for filthy lucre on anyone's part, me included!

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Copyright violations: are they valid?

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