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Royalty FREE Music??? Is it??  XML
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boots471

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Joined: 08/10/2011 13:25:46
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I have uploaded a video to Youtube and I see the following message:

Your video, Along the Boardwalk at Kempenfelt Bay , may include content that is owned or administered by these entities:

Entity: The Orchard Music Content Type: Sound Recording

http://www.youtube.com/watch?v=DHEBBZRkW90

The tune was picked from the PD Free Sounds.

Thanks for any explanation.

Horst
Carl312

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You can file a dispute to your copyright infringement.

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

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boots471

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Carl312 wrote:You can file a dispute to your copyright infringement.

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


Carl
Thanks for the reply. Now, does it mean it is a copyright?
If so it may be just as easy for me to remove this clip and add a different one.
I would just be concerned if there are other clips that fall in this category?

Thanks
Horst
BarryTheCrab

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That's a Smartsound track, right?
It's copyrighted, but royalty free. All SS music is. You can ignore the "alert", or contest it if you wish.
I have several alerts, but I've never had a video pulled or silenced.

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Carl312

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Carl
Thanks for the reply. Now, does it mean it is a copyright?
If so it may be just as easy for me to remove this clip and add a different one.
I would just be concerned if there are other clips that fall in this category?

All video and sound have a copyright, material you upload is your copyright, unless you use somebody else's material.
All infringements are some sort of copyright violation.

I watched your video in your link, it plays with video and sound, so whatever the message meant, I do not know.
Since you have both video and sound, I do not think you have a copyright violation.

Youtube is not perfect, they make mistakes. It is just software checking your uploads, it may be incorrectly identified.
If it was me, I would file the protest.

By them checking the results, they may correct the error.

What you do not want is a mark against your account for copyright infringements. That could cost your upload rights.

Know that you will have to provide Youtube with proof that you used royalty free music. And that you have a right to use that music.


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rbowser

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BarryTheCrab wrote:That's a Smartsound track, right?
It's copyrighted, but royalty free. All SS music is. You can ignore the "alert", or contest it if you wish.
I have several alerts, but I've never had a video pulled or silenced.

That's exactly right. SmartSound charges users a fairly hefty fee for much of the music they provide. We have some free examples available in PD, but the SS company is making a lot of money- they can afford to offer some free samples. But they're the ones responsible for paying a fee for copyrighted music they provide.

Most all music written and published in the last 100 years is protected by copyright. You Tube is covering some legal issues about copyrighted material by issuing those "warnings" on almost anything uploaded there which includes audio or video from other sources. They used to be much more lax about all that, and got in trouble - now these warnings are in place, on the advice of their legal team.

But - no worries. SS has paid a fee for all copyrighted music they use - that's why it's royalty free to users.

Randy B.
Jaime-esque

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When I upload a video I have to make a statement that I own all content or have permission to use it. If you have any concerns, make a comment in the video description that it is SmartSound and that you purchased the royalty free rights to use it in your video.

I don't know if it's true, but it was explained to me that YouTube automatically detects music and tries to identify it, but they usually do not act unless someone complains or they have a standing order from an artist.
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boots471

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Thank you ALL for your feedback.
Much appreciated.
jerrys

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Just a side-comment:

EVERYTHING that gets published, no matter what or how, is covered by a copyright if the country is a signatory to the Berne Convention. That includes most countries that would honor a copyright.

Even stuff that is freely given away is covered by a copyright; the author is simply giving you permission to use it, sometimes but not always for non-commerical purposes. Check out the GNU GPL for an example.

Anything you create and post on YouTube is automatically covered by a copyright, notice or not. The only caveat is that you have to be prepared to defend your copyright if you find anyone using it without permission.

I am not a lawyer! I have, however, been involved in endless discussions of this issue of the last couple of decades.

Jerry Schwartz
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rbowser

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Yes, everybody automatically owns the copy-rights to what they create, down to scribbles on a piece of paper. The trick is that it's not so automatically easy to prove copyright ownership without officially registering work with a government's copyright office.

So I write a song, put it on the internet, it's "published"-- but impossible to prove it's really my creation without that proof residing in the U.S. copyright office.

rbowser
boots471

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jerrys wrote:Just a side-comment:

EVERYTHING that gets published, no matter what or how, is covered by a copyright if the country is a signatory to the Berne Convention. That includes most countries that would honor a copyright.

Even stuff that is freely given away is covered by a copyright; the author is simply giving you permission to use it, sometimes but not always for non-commerical purposes. Check out the GNU GPL for an example.

Anything you create and post on YouTube is automatically covered by a copyright, notice or not. The only caveat is that you have to be prepared to defend your copyright if you find anyone using it without permission.

I am not a lawyer! I have, however, been involved in endless discussions of this issue of the last couple of decades.


Jerry
Thanks for your answer. All I say is it's getting more and more confusing for me grin.
I am an old retired guy just trying out YT with this fine PD and its sounds.
I see I got a message when you look at my video saying the music belongs to someone?

Being a good citizen I thought maybe delete that video and upload another, witch I am not able to do.
Because of this I ask the question..above.

I guess I just have to see what happens, but I did add some text in my description that the music came as a FREE file.

Hope I can sleep tonight ;

Thanks anyway.
Horst
BarryTheCrab

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jerrys

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boots471 wrote:[ guess I just have to see what happens, but I did add some text in my description that the music came as a FREE file.

Again, I'm not a lawyer; but I would say that I own a license to use the music free of royalties.

Jerry Schwartz
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rbowser

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jerrys wrote:
boots471 wrote:[ guess I just have to see what happens, but I did add some text in my description that the music came as a FREE file.

Again, I'm not a lawyer; but I would say that I own a license to use the music free of royalties.

I'm very sure you're correct, Jerrys. SS is the party responsible for any royalties due to music they use, and then they license it to users like us. In my book, there are No Worries about this issue.

RB
 
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