Copyright claims on Youtube video background music by 3rd parties to your own original compositions?

benisrael wrote on 9/8/2012, 1:53 PM

I am getting 3rd party "copyright claims" by people from "CDBaby", etc. on original tracks composed with MMPrem for music backgrounds to non-commercial Youtube videos. It is annoying and it is beginning to happen almost every time I upload a video now.

Some cases, the audio used on the video was created well over a year before the "CDBaby" (Digital Artist) has copyrighted a similiar sounding (though not identical) track.

The whole reason this software was purchased was for this very miminal personal function, which now seems to be at risk by "copyright hogs" who are "copyrighting" sound track arrangements from this software, and then claiming anything even similiar entitles them to "royalties" through "CDBaby", etc.

In one particularly frustrating example, it seems as though the person may have even taken the music from one of my videos, which he then placed a "copyright" on through this "service".

Please clear up this matter for me as soon as possible, as without clarity here, your software is being rendered useless and void of value.

Comments

johnebaker wrote on 9/8/2012, 4:45 PM

This is a user forum not Magix support.

The terms of usage of the installed sound loops for Music Maker is quite clear - see here for consumer licence - section 6, and here for the commercial licence section 6.

My personal view if I was in the same situation is:-

I would take this issue up with CDBaby and the other third parties pointing out that the tracks were created in MMM and are for non-commercial purposes, any similarity to other 'copyrighted' material may be incidental where the same sound loops have been used.

I would also point CDBaby to the EULA's above and ask them what checks they make on whether material produced using the sound loops have been done so legally with the artist owning the correct commercial licence.

If you can prove the ripped audio track was created and uploaded well before CDBaby came into existence or before the ripped track was copyrighted then you should ask them to remove the ripped track and copyright claim.

John

nihon94 wrote on 9/8/2012, 9:33 PM

As johnebaker has already answered well I am sharing some more information which might help you and other users.

In my experience on youtube getting 3rd party copyright claim is common. But good thing is if, we file dispute it could solve the problem only if we use contents in the video with permission/ use royalty free items or contents created by ourselves.

As in your case, we can use Magix music on youtube. It is not Magix problem rather how you follow your case on youtube.

What I do when I get such claim? In my e-mail I get a message from youtube or can see claim on youtube channel.

(for privacy using 123,abc and xyz instead original id or name)

I get mail from youtube as follows:

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Dear XYZ,

Your video "123", may have content that is owned or licensed by ABC Digital, but it’s still available on YouTube! In some cases, ads may appear next to it.

This claim is not penalizing your account status. Visit your Copyright Notices page for more details on the policy applied to your video.

Sincerely,
- The YouTube Team

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I Sign in to youtube account, on top right click a triangle next to youtube ID. the drop down menu choose settings. Scroll down and see Account status. Next to that check Copyright strikes and Content ID claim. I can file dispute. While writing information in dispute always insist I got permission or my music is used under Royalty free license. Finally file dispute and forget.

Next time get e-mail from youtube as follows:

Dear XYZ,

ABC Digital has reviewed your dispute and released its copyright claim on your video, "123". For more information, please visit your Copyright Notices page

Sincerely,
- The YouTube Team

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Given below a link for more details about "Using copyrighted material in your video" You can also find a link to file dispute on the website.

http://www.youtube.com/t/copyright_permissions

Note: Always keep proof of purchase and license terms some where safe. Better be a print out.

Hope this answer will help you.

Procyon wrote on 9/9/2012, 9:47 AM

The fact is, NO ONE can claim the "rights" to any of the MAGIX/CATOOH soundpool files except MAGIX or the original creator of the file. They can ONLY claim copyright of their composition/recording AS A WHOLE and original material they themselves created. They have NO right to prevent anyone from using the same soundpool files in their own, original copyrighted composition.

MAGIX and/or the creator of the sound files retain ALL rights to the material. You only have the "license" to use the material and only within the limitations of that license.

Here is a portion of the EULA for MMM...

"MAGIX retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, music and video files, backup copies, and documentation."

Here is a portion of the license agreement of the MMM-MX Soundpool from CATOOH...

"2. Granting of rights

The provider grants the customer unlimited temporal and physical, non-exclusive and non-transferable rights to private and non-commercial usage of the content."

That means NO ONE using ANY soundpool file can can claim ANY exclusive rights to that material. Period.

You need to dispute any such claims to the contrary and point them to these portions of the EULA and license agreements.

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IMO...

These parties cannot claim copyright infringement simply because a track sounds "similar" to something they've produced. That is a subjective judgement and such things can only be settled legally in a court of law, which is an expensive proposition.

So, unless you are blatantly copying or sampling their material, they don't have any legal claim. And, if they believe they do, tell them to take it to court. Chances are you'll never hear from them again.

gandjcarr wrote on 9/10/2012, 3:35 AM

Hi,

You need to understand that the copyright claims are really not full claims but warnings that your music sounds like something that is copyright by another company. It is not the acutal company making a claim against you via YouTube, it is the actual YouTube copyright search engine that is putting out the comment, and sending it to who they think is the copyright holder, in your case CDBaby. So now CDBaby can do one of two things. They can decide that they do not hold the copyright on that material and do nothing, or they can decide they do, notify youtube and your video will be taken down, and you will get an official copyright violation against your account.

I personally have had this sort of problem many times and even though I know there is nothing for me to worry about, I like the company to withdraw the warning that YouTube sent me. I do this by simply writing to the company explaining the source of the material, giving them the url to the license that I have to use the material, and usually within a week, the notice is withdrawn.

If someone has lodged a formal violation against your account and had your video taken down, there is a formal dispute process that you can use, but be careful and only use this process if you can prove that you are legally entitled to use the material or you are the author. This is the reason why you should copyright any material that you think has value when it is produced cumbersome and costly, yes, but in the case of a private individual who you beleive has pirated your material, having the copyright in place first really puts you in a strong position.

Do a Google search using the terms "how to copyright music" and you will get a number of companies who do this via the web.

Good Luck

gandjcarr wrote on 9/11/2012, 2:31 PM

Hi,

Actually, I said there are two things but there are acutally 3. The third is they decide that they own the copyright but choose to do nothing. The reason that they may choose to do nothing is that if your use of their copyright material, the copyright holder may feel that your use of it in the context that you used it is in their best interest as it would promote sales of the original material they may choose to say nothing and take no action especially if it appears that you are not using it for commercial purposes.