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  • YouTube clamping down

    It seems that YouTube are systematically scanning uploaded videos for music, presumably with some sophisticated software and, as soon as it discovers a recognisable piece of music, it automatically assumes that it is an infringement. I recently had four cases, assuming you are guilty unless you can prove your innocence. In three cases, I used Creative Commons music with free licence for non-commercial use, and with acknowledgement of the source and licence in the credits. In a fourth case, I had express written permission to use a 5 minute video with music within another video from la Télévision Suisse Romande. At the beginning of the clip, I spieled the origin with my thanks for their permission to use it and I added at the bottom (C) TSR, Geneva, 1977.

    It is evident that they do not check whether the recognised music is licensed or not; they just assume it is not until you show them otherwise. In two cases (including the TSR excerpt with specific licence above), I appealed and, within a minute, received the following e-mail:
    Dear bxxxxxx,

    One or more music publishing rights collecting societies has reviewed your dispute and released its copyright claim on your video, "yyyyy.wmv". For more information, please visit your Copyright Notice page

    Yours sincerely,
    - The YouTube Team
    They clearly had no time to contact the "collecting societies" for reviewing the dispute: this answer was sent automatically.

    OTOH, a number of years ago, I published a short excerpt from Carmina Burana by Karl Orff, taken at an open-air concert in the old Roman amphitheatre at Ephesus. Orff died a few decades ago but the copyright of his works is jealously guarded by his family. Apparently, about two years ago, the family lodged a complaint and despite the excerpt being about 2 min of an hour-long work (fair use???), YouTube peremptorily removed the clip without right of appeal. The source was credited and I had permission to video the performance.
    Brian (the devil incarnate)

  • #2
    Originally posted by Brian Ellis View Post
    Orff died a few decades ago but the copyright of his works is jealously guarded by his family. Apparently, about two years ago, the family lodged a complaint and despite the excerpt being about 2 min of an hour-long work (fair use???), YouTube peremptorily removed the clip without right of appeal. The source was credited and I had permission to video the performance.
    There also is copyright on the performance. Having permission to video the performance is not sufficient to give you permission to distribute the video... Than there is the issue (for Orff-family) that they have to fight infringements to keep the copyright. If they don't fight even the small infringements, there would be a "prior case" argument in the future.
    pixar
    Dream as if you'll live forever. Live as if you'll die tomorrow. (James Dean)

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    • #3
      They've been scanning uploads for a long time.
      Dr. Mordrid
      ----------------------------
      An elephant is a mouse built to government specifications.

      I carry a gun because I can't throw a rock 1,250 fps

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      • #4
        The only contention was with the Orff family. They categorically refused to enter into discussion or even to enter into a licensing agreement. It made me wonder whether the Turkish performers (conductor, 6 instrumentalists, adult choir ~25 and children's choir ~15) were licensed to perform the piece and it is this that miffed them.

        The thing that annoys me is that YouTube clamp down without even checking that a licence has been granted first. If I were a good pianist (which I'm not) and I recorded, say, a Chopin Etude as incidental music for a clip, I feel they would accuse me of infringement, even for my own work. Yet there are hundreds of thousands of videos clearly captured from TV broadcasts or DVDs that they don't bother about.
        Brian (the devil incarnate)

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        • #5
          Maybe someone else will start a Youtube like service that doesn't bent to the whims of the US entertainment industry..
          paulw

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