Being blamed for stealing Magix Copyrights?

machzf3 wrote on 12/19/2014, 3:04 PM

I need help! I have been using Magix for 15 years, I just purchased Music Maker 2014 a few months ago, on the DVD that came with it, there were sound loops. I created a youtube video for personal use and am NOT trying to monetize it, I used samples from Magix to create my background music for a comedy video we created. once I uploaded it to youtube, I got a legal disclaimer from some DJ claiming a copyright dispute. Claiming I'm using his copyrighted song. I searched the DJ's song, Ilistened to his video and indeed, he created his commercial song using samples from the "Basic_20" sounpool that came with my copy of MMM2014. I read the EULA from MMM2014, and it clearly states NON-Commercial use. So I disputed the copyright claim because it sounds like he created  song illegally using Magix sound loops and is actually selling his song on iTunes and claiming its copyrighted. I clearly stated all of the above in my dispute. I just recieved a notice that this DJ is denying my dispute.

Ive worked months on this video and countless hours on the music to go with the video, I do not want to take it down off of Youtube, I'm pretty sure this guy has an illegal copyright of his song. I don\t know who to talk to at Magix to get some answers before I file an appeal on Youtube. PLEASE PLEASE help ASAP! he is also trying to advertise on myvideo now to monetize on my video.

BTW, If it helps
Jay James DJ- song : Spring Break, he clearly is using Sunne Main, and Sunne Main B from the Dance Vol. 1 samples, cause those are the exact ones I used in MY video, now our songs sound similar

Comments

villthebill wrote on 12/19/2014, 3:19 PM

Is it illegal to make money off of Magix loops, or am i getting it all wrong? i also used sunnemain and sunne main b for a track i created and its on youtube too, tbh i made alot of tracks with loops from Magix.

johnebaker wrote on 12/19/2014, 4:33 PM

Hi

. . . . I'm pretty sure this guy has an illegal copyright of his song . . . .

He may or may not have - it is not wise to make statements like this unless you are 100% sure of the facts because he may have purchased the Pro licence for the soundpools used.  You can report your suspicions to Magix if you wish.

IIRC a similar situation arose some time ago and the claim was not upheld because the same loops are available to all users and tracks composed from them can sound and will sound similar.

No one can claim copyright over the loops supplied by Magix, whether they have the consumer or Pro licence - they have a licence to use them according to the conditions of the licence purchased.

Soundpool copyright still belongs to Magix.

The only time and parts the claimant can claim copyright for is additional material that they have personally composed, played/recorded or created using the software MIDI instruments that have been added to the music.

If in doubt I would suggest your refer this to Sales at Magix.

HTH

John

 

Last changed by johnebaker on 12/19/2014, 4:33 PM, changed a total of 1 times.

Lateral thinking can get things done!

VPX, MEP Premium, MEP 2016, and earlier versions, Music Maker Premium, Music Maker 2016, 2015.

Running Windows 10 64bit on Intel i7-8700K 3.2 GHz, 16Gb RAM, 1Tb + 2 x 2Tb internal HDD + 60Gb internal SSD, + 6 x 2Tb ext HDDs, Sony FDR-AX53 Video camera, Contour HD 1080 and Sony HDR-AS30V Sports cams.

machzf3 wrote on 12/19/2014, 6:17 PM

Johnbaker:

 

I was simply implying that he MAY hae an illegal copyright and not necessarily that he does. His song and video are NOTHING like my song and video, the ONLY things that are identical are those two samples from Magix, Sunne Main and Sunne Main B. Even if he DID purchase the PRO license, that entitles him to use the samples to make money, but he cannot copyright that particular part of the song because they are already copyrighted by magix.

I already tried disputing the copyright claim, I explained that I was not intending to make money off my video, and I explained the only similar thing in our songs was Sunne Main and Sunne Main B, which were owned by Magix. He has rejected my claim, the only thing I can do now is appeal the claim, but if he somehow produces some magical copyright on those two samples, I will lose my video. This is why I'm here.

 

Also, Jay James DJ IS claiming that the content is copyrighted on his youtube page and by himself on other websites that are selling his music,I am not 100% positive, but I am thinking that most,and maybe even the lyrics, were all used with Magix loops. He has his song up for sale on iTunes, Amazon, and a few other pay for music sites that I refuse to click on because ive never heard of them.

 

I'm not sure if I'm allowed to do this on this forum, if not I will take the links down, but I will post the two links for comparison because you guys seem to know what you're talking about more then me lol.

For anyone not familiar with SUnne Main and SUnne Main B, they are two dance synthesizer piano type sounds, you'll instantly see the similarity

Here's his "OFFICIAL" Spring break song

Here's my random comedy video i made, said dispute is at the 7:07 mark

 

also on one last note, there is now an advertisement that has been put on my video which apparently copyright owners can do to disputed videos, so he may even be putting them on my video and making money off my video, but that part im not sure, ive been uploading to youtube for two years and never had any ads on my vids.

machzf3 wrote on 12/19/2014, 6:21 PM

 

Is it illegal to make money off of Magix loops, or am i getting it all wrong? i also used sunnemain and sunne main b for a track i created and its on youtube too, tbh i made alot of tracks with loops from Magix.

Where is your videos villthebill? You might want to make sure about this too since if youre using the same two beats, this guy is claiming they belong to him and may even have the same copyright claim on that video, you'd have to check in the video manager portion of youtube. Ive been uploading music using loops from magix for 2 years, this is the first encounter of this.. if this gu ycan do this, why cant i just go make one long song with all loops and copyright it then... right?

villthebill wrote on 12/19/2014, 7:15 PM

They are up on youtube 

i dont think a guy can claim it's he's when he used the loops from MAGIX.

nihon94 wrote on 12/20/2014, 2:55 AM

John has already given you good advise, I would like to share some of my experience.

This is very common on YouTube to get claim  on audio or video but the question is how to tackle that?

Here are some points:

First try to find out the Youtube contact of  the person or company in your case DJ, Send a note that you are using Magix and created music from available sounds by following Magix license. And request politely to retract the claim. Wait for response, Usually it work as claim is retracted your video will be free from copyright.

Next send a message to Magix abut this situation and wait for reply.

When you got enough information to support your case only then dispute with YouTube. In some cases you can add website link where license terms are mentioned and giving you rights to use. Or copy the license part only. Always be polite when posting or writing on websites. Keep record of your correspondence some where safe.

Note: when we use Royalty free music we are allowed to use that music in our composition. The first owner of the music is not selling copyrights to us just selling a license to us to use their audio in our composition. The original will remain be theirs. But if we compose a derivative work subject to license we can get copyright on that item. In case of royalty free music there is a chance that similar loop might have been used many times by different users.

To solve your problem I will suggest keep in touch with Magix when you got enough evidence to backup your dispute then refer that to YouTube.

Here we the users like you only share our knowledge including the Moderator as John to help each others.

nihon94

machzf3 wrote on 12/20/2014, 8:54 PM

 

John has already given you good advise, I would like to share some of my experience.

This is very common on YouTube to get claim  on audio or video but the question is how to tackle that?

Here are some points:

First try to find out the Youtube contact of  the person or company in your case DJ, Send a note that you are using Magix and created music from available sounds by following Magix license. And request politely to retract the claim. Wait for response, Usually it work as claim is retracted your video will be free from copyright.

Thanks to allof you for your time, I will wait until Magix is opened next week to call the Sales department again. I called Friday and got a weird tone after selcting my selection. I have already tried the above and he continues to claim copyright. He also has no contact since all comments deleted, FB deleted, webpage deleted. I will just try to resolve this thorugh Magix.
gandjcarr wrote on 12/21/2014, 11:40 AM

Hi,

This happens a lot with youtube.  Their copyright search engine flags all kinds of things that are flat out wrong.  I have probably had 20 or 30 copyright hits on music that I had a valid commercial license to use in my videos and when I dispute the claim I offer to send a copy of that license to whomever would like to see it.  Usually the claim is withdrawn.  I once got a hit from some singer who had added lyrics to royalty free music and was claiming copyright on the whole piece.  In fact I have a license to that same music (minus his lyrics), disputed the claim and I think when he realized that he was claiming copyright on music that is licensed to others, he withdrew the claim.

George

machzf3 wrote on 12/21/2014, 8:30 PM

 

They are up on youtube 

i dont think a guy can claim it's he's when he used the loops from MAGIX.

Hey Villthebill, nice work,I noticed that you too have an ad that pops up mysteriously in your video. If that wasnt you who put it there, you may very well have the same copyright claim from Jay James DJ or someone else. When I was reading the copyright claim, once the person who puts the copyright claim on your work, they can do whatever they want until you dispute it. They can add ads, ask to share profits, ban, or block the video. might want to check in your video manager vill

machzf3 wrote on 12/21/2014, 8:30 PM

 

They are up on youtube 

i dont think a guy can claim it's he's when he used the loops from MAGIX.

Hey Villthebill, nice work,I noticed that you too have an ad that pops up mysteriously in your video. If that wasnt you who put it there, you may very well have the same copyright claim from Jay James DJ or someone else. When I was reading the copyright claim, once the person who puts the copyright claim on your work, they can do whatever they want until you dispute it. They can add ads, ask to share profits, ban, or block the video. might want to check in your video manager vill

machzf3 wrote on 12/21/2014, 8:32 PM

 

Hi,

This happens a lot with youtube.  Their copyright search engine flags all kinds of things that are flat out wrong.  I have probably had 20 or 30 copyright hits on music that I had a valid commercial license to use in my videos and when I dispute the claim I offer to send a copy of that license to whomever would like to see it.  Usually the claim is withdrawn.  I once got a hit from some singer who had added lyrics to royalty free music and was claiming copyright on the whole piece.  In fact I have a license to that same music (minus his lyrics), disputed the claim and I think when he realized that he was claiming copyright on music that is licensed to others, he withdrew the claim.

George

THanks George, this is what I assume happens alot on youtube, i figured once I disputed the claim and told him I have a valid license to use the samples he would withdraw as well, I'm scared to go to the next step because he has rejected my claim on having valid license. Basicall saying nope, i still have proper copyrights. Also, at the end of his video, he DOES state that "2014 copyright Jay James DJ all rights reserved"

machzf3 wrote on 12/21/2014, 9:00 PM

Sorry for multiple posts on my question, New to this forum and learning the ropes too. I would like to thank all of you for ALL your help, I will be contacting Magix sales department in the morning, for I have just dissected Jay James's DJ's song and his ENTIRE song is ALL samples from Magix Music Maker 2014, Basic_20 soundpool. THere is not one single sound of his in the entire song.

In fact, the list is as follows:

Vocals- "head" Dance vol. 1

Vocals- "voco" Dance Vol. 1

Drums- "Hard Dancer A" Dance Vol. 1

Bass- "Moon Bass" Dance Vol. 1

Synth- "Sunne Main" Dance Vol. 1

Synth- "Sunne Main B" Dance Vol.1

Sequences- "Bit Synth" Dance Vol. 1

SO there you have it, if anyone wants to re-crete "Spring Break" those are all the samples he uses, He may have changed Hard Dancer A to hard dancer B, but I listened to the song enough now lol

gandjcarr wrote on 12/21/2014, 11:31 PM

He can't claim copright to Magix samples unless Magix has given him permission to own that copyright wich I seriously doubt they would ever do.  So basically he is making a claim on rights that he likely does not have.  I would ask him to produce the documents that says that Magix has given him the rights to exclusively use that material and see if he can produce them.  I seriously doubt that he can produce such a document.  I have no idea why this person would be such a jerk about this, especially if you are not using it for commercial purposes.  My thought is that he is just being a "dick head".  I understand that you are worried about the status of your youtube account, but if it were me, I would fight him to the end, and you will likely win. If you are honsestly working within the Magix license, Magix should also go to bat for you to clear this up.

George

ps. I am not a copyright lawyer, but I bet if you consulted one they would give you a similar answer.

machzf3 wrote on 12/22/2014, 3:35 AM

 

He can't claim copright to Magix samples unless Magix has given him permission to own that copyright wich I seriously doubt they would ever do.  So basically he is making a claim on rights that he likely does not have.  I would ask him to produce the documents that says that Magix has given him the rights to exclusively use that material and see if he can produce them.  I seriously doubt that he can produce such a document.  I have no idea why this person would be such a jerk about this, especially if you are not using it for commercial purposes.  My thought is that he is just being a "dick head".  I understand that you are worried about the status of your youtube account, but if it were me, I would fight him to the end, and you will likely win. If you are honsestly working within the Magix license, Magix should also go to bat for you to clear this up.

George

ps. I am not a copyright lawyer, but I bet if you consulted one they would give you a similar answer.

YOure right George. At this point, I am no longer worried about my Youtube Account. I have downloaded my videos off of youtube to re-upload at another time JUST IN CASE, and have created this video and just uploaded it to youtube exposing him.

johnebaker wrote on 12/22/2014, 5:14 AM

Hi

@ machzf3

I agree with your conclusion that standard soundpool loops only have been used - I looked at it in a slightly different way but came to the same conclusion.  Your dissection is excellent.

As George has said I would challenge him for confirmation that he has the Pro licence(s) and point him to the licensing terms and conditions - Consumer UK here, US here  and Pro UK here, US here and that you are referring this to Magix.

He has audio files scattered over many sharing sites and has stated copyright on many of them, if he does not have the Pro licence for each of the the Soundpool collections he has used, not just in the clip you have identified, but the others that are scattered over the Internet, then he is in breach of the terms and conditions of the licence.

John

Last changed by johnebaker on 12/22/2014, 5:17 AM, changed a total of 2 times.

Lateral thinking can get things done!

VPX, MEP Premium, MEP 2016, and earlier versions, Music Maker Premium, Music Maker 2016, 2015.

Running Windows 10 64bit on Intel i7-8700K 3.2 GHz, 16Gb RAM, 1Tb + 2 x 2Tb internal HDD + 60Gb internal SSD, + 6 x 2Tb ext HDDs, Sony FDR-AX53 Video camera, Contour HD 1080 and Sony HDR-AS30V Sports cams.

cornsy2008 wrote on 12/28/2014, 7:40 AM

that is a gret video by the way.

its about time some 1 did this.

i to have had problems with magix and soundpools when uploading to you tube.

i to DID NOT TRY and sell the tracks.

i got my sorted out.

i dont  no how old your message is but i hope you get it sorted out asap.

from alan

PEACE.!

Last changed by cornsy2008 on 12/28/2014, 7:40 AM, changed a total of 1 times.

 

FORMER USER ESOTERIC ALAN./CORNSY2008/MACCA.

IF YOU REMEMBER ME PLEASE FEEL FREE RO RE ADD ME.

TENSHI.

PEACE.!

 

What happens when life breaks down?

When there is systemic contradiction?
My name symbolized all that was corrupt to society.
His name symbolized all that was pure.

And I was being hailed in the embrace of the man who was pure.

And these inviolable sanctities were preserved in those ten words.

And it is the de-sacralization of all of these that has put us in the mess that we find ourselves.

Isn't it true, alas it is much worse.

A person may end up believing in anything.

You know, if that human acceptance does so much for you and me.

Think of what it is when God himself puts his arms around you and says

"Welcome home".

What love is this?

It is God's love.

And no other love can be defined until that love has properly been understood.

 

 

 

If you can’t make the trip to my studio yourself, don’t worry I now have my brand new Online Mastering Service. Many of my customers are happy to leave me to it, and my wide-ranging experience ensures that you can trust me to make sound judgements on your behalf – no pun intended!

The services on offer include both attended and unattended (online) mastering, vinyl cutting, re-mastering, editing and restoration. For further details please message me here.

A gorgeous room full of lots of lovely equipment isn’t going to cut the mustard unless it’s in the hands of an experienced creative engineer who understands your music and how to get the results you’re looking for.

I personally have been mastering for over 14 years now.
i have remixed and engineered for alice deejay.

Please note home mastering and studio mastering are not the same. This is a misconception. the process is different,and while the sound of the polished track may seem the same to the NAKED EAR so to speak actually sound different to the trained ear.

THE TRACKS I WILL BE UPLOADING WILL BE ONLY "HOME" MASTERING. (fast process). music maker defaults are ok but not polished. 

most people are not concerned about the mastering there more comcerned about the FEEL.

i do not work for free so please do not sent me tracks to be mastered (for free). my time is not cheap.

====================================================================================                                 

there are some rules that are just plain idiotic. What are some examples of this behavior, why do people do it? Is it because (This is my assumption) they are afraid of the unknown? They are afraid of taking risk? Or is something that happens during the "nurturing" phase of life with overprotective parents. Maybe it's even a genetic thing.

 

IF I DO NOT LIKE THE MUSIC I WILL "NOT"  WORK WITH IT.

I ONLY EVER WORK WITH MUSIC I PERSONALLY ENJOY.
THIS WAY MY PROFESSIONAL APPROACH CAN BE MET TO VERY HIGH STANDARDS.

 

 

 

from alan.

peace.!

                                                                                                                                                         TENSHI.

 

 

perplexia.x wrote on 3/7/2016, 5:28 PM

 

 

John has already given you good advise, I would like to share some of my experience.

This is very common on YouTube to get claim  on audio or video but the question is how to tackle that?

Here are some points:

First try to find out the Youtube contact of  the person or company in your case DJ, Send a note that you are using Magix and created music from available sounds by following Magix license. And request politely to retract the claim. Wait for response, Usually it work as claim is retracted your video will be free from copyright.

Thanks to allof you for your time, I will wait until Magix is opened next week to call the Sales department again. I called Friday and got a weird tone after selcting my selection. I have already tried the above and he continues to claim copyright. He also has no contact since all comments deleted, FB deleted, webpage deleted. I will just try to resolve this thorugh Magix.

Hi there!  Perplexia X here, just curious... how did it go?  I have other youtube sites, and on one of them I got two hits in a row... the one guy denied my claim, saying his claim is valid,  still waiting on the other one.  I still don't understand how people are getting away with this... I'm not monetised, nor am I a YT partner, yet this keeps Happening... I think Magix needs to do something about this, it really messes it up for us little guys who just want to make music videos without having some one come in and make money off your hard work by monetising your video... do I get anything from this... besides a big headache?