Copyright subjects

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    • #90779

      I have a question because of sounds on you.
      Explaining : I did one clip Trailer about A documentary, I wanted to show it only on you tube all images are mine made for me during a protestation on Brazil.

      The music cause I am also a musician, in fact I studied music and and Visual Arts.

      This documentary was not made for profit it´s a free doc. I repeat I did it all, since de camera, most with a cell phone or I pad has you want to call it.

      The trailer has 2 m and 25 seconds.
      After making this trailer composite, I did the music and mixed with a very know sftwer professional and specialize.

      I mix the music do my composition for the video just the trailer.
      I do also experimental techno and when I can produce some bands,

      After posting this trailer all on you tube made by myself cause is my job and is my own creation, no copy no try to copy all from my brains and for that trailer.

      I Started a few time ago to do this channel on you tube and I inscribed myself to monetize my clips. More for curiosity that other,

      I uploaded, “the music I did the a in whole night ” my post was made after 2 hours from the mixing; Image Music.

      When I confirmed it was the fifth time the that happened to I staid confused, how come I can have a copy right claim if I just after invented the music, of course that for this kind of document I don´t register the copy rights for the music because they make part of the doc. this one yes I register, the DOC:

      How come it’s possible, exist the claims for my own creations, most From aDReve, the even stooped monetize for this Channel, cause of this music I’ve done, I think the claimer should be me, I have all digital proves and the process I did to makes this music.

      I contested of course, to You TUBE that like always a machine responding, it’s always the same Letter when you as a question.I had 4 video on this situation, all claimed by AdREv ,
      So I did an other music more day of work, “and IT’S Just the trailer not the complete doc.”
      Message, the third part of the audio content was claimed by so you can live it but the claimer monetize, But there are other docs. So I deleted my channels of you tube cause for me that was like someone taking a piece of myself has an artist and has a worker, has a creator of contents II felt violated, Raped!!!! and I wrote aDReve for the first one, the told that they would see what they coild do, they did nothing cause they monetize the contend and asked me people 20 percent of gains for me to be protect,.
      I wrote to the U.S. Copyright Office, of course,( and I have ti say they were very gentle and professionals) saying that is a complicated issue so I should do it by phone,but they send me a PDF with the American law that I appreciate a LOT..
      My question what can I do? You tube does not answer and after they cut my money not a lot but… question of principle…. so I resume I posted the video with an other song I had the same answer, this time the whole music, the copyright will be exploited by etc. has claimer of the copyrights in fact it was an other claimer. become crazy with this. I deleted again, but but for curiosity see what was going to happen, I posted only with the drums channel open the answer of you tube just cut all my monetizing, they never talked about images, they are mine but always about the music so I deleted all 2 channels I had, I could not get any help, and I live in Portugal going to USA ,is a money that I would not spend for this! The USA law have an clause that says if you are the author and can prove you don´t even have the register cause I can give my music to who I want.

      Please someone can explain me this and what can I do to solve it PLEASE, because I suppose every music with A# that I will make create, all of them will have a claim for not respecting copyright , when some people stealing my music and art. All of them credited by you Tube I, did my inquiring…….. Please tell me what can I do…. I will thank you so much!

    • #214217

      Pedro, take a deep breath, sit back and relax, watch a rerun of Portugal beating France in football. Enjoy!!

      Then, decide whether or not it’s worth spending money on an attorney in the U.S. to sort out the copyright claim you have. It doesn’t sound like there’s enough income involved to make this worth while, however. YouTube is notorious for its indifference to people who post their material there. They are not a user-friendly site, as you’re finding out.

      If I understand correctly, you have taken down all your work. If someone else is using your music to make money, this is illegal and you probably should have an attorney in Portugal write to YouTube, perhaps with a copy to the U.S. Attorney General’s office and demand that they cease and desist using your music. Hopefully this will solve your problem.

      I agree with you completely: there’s nothing more frustrating than being ignored by an on-line entity like YouTube. There’s just nowhere to turn. If it’s any consolation, it wouldn’t be any easier to deal with if you were here in the United States.

      Good luck.

    • #214229

      I have had three occasion where I purchased music on the net from a music supplier, Audio Blocks, only to suffer the same copyright claim from You Tube. On those occasions I advised Audio Blocks and in turn, they contacted You Tube. You Tube then revoked their copyright claim within 48 hours.

      A possible way around your problem would be to use your original music in your videos and at the same time place it for sale with a music supplier, such as Audio Blocks or Pond5, where you would get a predetermined fee on every occasion it is sold. More importantly that music supplier’s best interest would be served by protecting that music copyright and in the event of its unauthorised use on YouTube or elsewhere, stop it being used.

    • #214832

      hi everyone, I am just getting into wedding videography and loving it. I have this question concerning legalities and copyright: My client wants wants to open the video with Ed Sheeran (I think it’s ‘Evergreen’). I do not think I am allowed to use this song even though it is a personal video and will not be put online or any other public place eg Facebook.
      I am in Australia. Can anyone clarify this for me?

    • #214833

      Hi lizp, it’s simply not worth the risk messing with copyright music!

      Request your client to seek alternative wedding music from say Pond5 or Audio Blocks, you can pass on the cost to your client and then any and all copyright risk is totally eliminated.

      I am also in Australia, Sydney.

    • #214837

      Pedro – I think maybe your English is confusing the problem. Legal English is very different – words have very important meanings.

      Youtube very sophisticated algorithms to identify the origin of the music content, and frequently a piece of music not in their database will have similarities with others that are. As many users attempt to get around copyright, they look for many features – often suggested to be pitch, rhythm, tempo, and unusual but identifiable envelope characteristics. They then flag it up, and send you their pre-packaged “you may be using music that is subject to copyright” stuff. You simply provide evidence of ownership or control of the rights and they assign them back to you, and you can monetise your videos. The problem comes when your music is similar to an already copyrighted and identifiable work. You then have to make a good case and become ‘an expert’. They have done it to some of my music, which was similar to, but different from the work they identified. You persevere and you get there – however, they speak English in an official form, and you don’t. Your conversational English is not sufficient to argue accurately – the meaning will get lost. I urge you to find a friend who can understand the necessity to be precise. I certainly couldn’t do this in Portuguese so you just need some help in English. Google translate will NOT be good enough.

      In copyright issues – remember that if they mis-identify your intellectual property and pay somebody else for it’s use – then they are in error, and copyright law will side with you – so do not give up.

    • #214865

      Recording Live Music.

      Hi lizp, In certain circumstances in Australia its not illegal to video a band playing music, provided that you are shooting in a public place or at a public gathering where a band is performing and provided that the main purpose of your recording is not to make a music/audio/video recording, then it is OK. In other words if you were recording dancers or guests and a band was playing in the background then that’s OK.

      Please understand (a) I not a lawyer (b) that may not apply in other countries (c) that is the instructions given to news and documentary crews.

      If the musicians playing at the wedding are performing their own original music (not cover music) and they gave you written permission to record and publish then you have no restrictions whatsoever. In fact, you normally get a better performance they will normally appreciate a complimentary copy of the recording.

      Good Luck

    • #214868

      You really cannot generalise in this way. In virtually every country intellectual property is protected. The real snag is that in most protectorates copyright is their equivalent of English Civil Law – and not Criminal Law. So getting justice can be long winded and expensive.

      The example of a group of musicians performing their own material is a good one. Assuming (and this is a pretty big assumption) they all own equal shares in the song, and equal status as performers, then they can allow you to record it. Publishing is a tricky one too – because you then get into where and for how long – the oft quoted territory, any medium and worst case perpetuity – as in they give you the right to exploit it everywhere, anyhow, forever. A court is unlikely to believe they gave you the total right to do this, but if they are stupid, they may have done so. However, if you look at some of the very famous songs by really big names – like Queen, you will find that while they recorded it in four names, certain band members are credited as composer, not all of them. Turning up and saying can I video your performance and give you a copy really isn’t sufficient if the thing became viral, and in the heat of a speedy setup, verbal agreements can be easily disputed.
      [quote]the main purpose of your recording is not to make a music/audio/video recording, then it is OK.[/quote] This isn’t right – your recording is not a recording?

      If you have dancers – then (assuming they are proper dancers) their choreography could be intellectual property. If the dancers are just members of the public, then they still have rights, unless you can make a case that simply by turning up to an invitation is acceptance of losing their rights. Guests will have rights, and you might be able to exploit them, but you cannot just assume rights – they need to be assigned or otherwise controlled.To do it properly, we make sure that whenever we are going to shoot a theatrical show, we do NOT charge admission, and tickets have a legal phrase on them that essentially says the show will be recorded for transmission or DVD release and their attendance is acceptance of our right to exploit their appearance in the production. In the UK – them paying for their seat gives them a little ownership – if it’s a freebie, it dilutes any claim they make try to make. We also warn them that if they are here with somebody they shouldn’t be – then there are cameras present. Done funnily – but it makes the point.

      The upshot of all this is that in almost every country, you need clearance to exploit somebody elses ideas and performances. I’d suggest in writing, or at the very least as a confirmable/verifiable text or email. In all IP cases, wording is absolutely vital. The legal term here is ‘exploit’ – which covers the selling, distributing and exposure of your product containing the IP.

      In most cases, it’s never a problem, but even charity events have IP concerns. I have some recordings by a well known artiste I recorded back in 1994 – I can never do anything with them. The recordings legally are mine. I own them. Exploiting them is VERY different, and I cannot, because the artiste does not give her permission. She has a lot more money than me, so just not worth risking.

    • #214869

      Copyright Material. Hi Paulears,
      Lizp comments, related solely to a wedding video.

      I did say “written permission from a band playing their own original music” I have experienced lesser known bands at functions happy to let me promote their band and music by way of video and such an introduction, ultimately led to my making of music videos for three bands.

      The recording of any professional performances requires prior written consent.

      I agree guests have rights. In a wedding video where most of the guests and all the wedding party would appear in the video unless a guest instructs otherwise. I have witnessed a wedding MC make a public announcement regarding the video at the start of proceedings.

      Should a wedding video show snippets of the wedding guests on a dance floor or wherever with the vision and audio of a band playing in the background it is my understanding it’s not a problem.

    • #214871

      It depends on your country, of course, but those guests might be happy thinking the video is for the wedding couple’s private viewing, but what happens if one has a drink too much, and does something silly – and it gets put on youtube and monitored? Has that person any rights to say stop, and worse, how about if they consider the video damaging? Written consent and ‘professional performance’ work well – but surely any amateur performance has similar rights to protect. The pianist who gives the couple a freebie (as happened at a wedding I attended as a guest) was given at the last moment very unsuitable music to play and it sounded horrible, but not the pianists fault – he would have the right to say he does not want his performance exploited.

      Is a wedding video subject to different rights? No – the same ones apply. Of course a band might play for free and be over the moon for you to exploit their work – but if rights exist they need managing to be safe. I rarely follow the rules myself, and often slide the rights issue, working on a similar premise – they are happy. However, if this unknown amateur band suddenly become famous – things change. An old friend started playing with an international rock artist – the record company terminated his you tube account, his Facebook account and mobile phone contract. All his previous material was ‘collected’ and controlled. He had sent all his friends a musical christmas card – although it was a gift, freely given, the copyright in it remained with him, and when one gave it to a radio station, expecting them to play it – they couldn’t.

    • #214864

      Thanks Rocky M for that. I will do. Client also wants music of the musicians playing on the night. Just snippets here and there. The musicians themselves have given permission but I am guessing there could still be some issues…one of the songs is ‘La Bamba’. Can you or anyone else advise on this? Thanks in advance

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