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Using "Magic Tools" results in copyright claim on YouTube
AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Hi,



Is this my misunderstanding? I am under the impression that the music used in "Magic Tools" in not only for private viewing. but is under a licence which allows me to upload the clip to YouTube.

Am I mistaken?



Thanks

content:
Lively Piano-5505 - ilovemedia-es
Sound recording, AdRev for Rights Holder, Monetized by copyright owner
tomasc [Avatar]
Senior Contributor Joined: Aug 25, 2011 12:33 Messages: 6464 Offline
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If you uploaded a produced video using PDR13 uploader to youtube, you have the option of keeping the comment created with PDR13. That may alert those who claim copyright that the music is already paid for. If not then see this link: http://forum.cyberlink.com/forum/posts/list/46095.page#238575 on the 4th thread down.

Let us know if this helps...
AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Thanks for the reply.

I went and read what was said in the thread you referenced but my question is different.

YouTube wants a license. Some sort of confirmation that this is not a copyright violation.

Is there a way to get a license which allows me to use the clips in public? I don't know where the "SmartSound" audio comes from and with what license, so I can't check. I also don't know whether "ilovemedia-es" owns the rights to the lively piano used in my clip.

I just edited the segments, pressed Magic Tools and then uploaded the resulting clip manually, the way I always do.

Any help appreciated which sorts out the license. I simply don;t understand enough about the different copyright laws.

Thanks.

This message was edited 1 time. Last update was at Nov 06. 2015 16:42

optodata
Senior Contributor Location: California, USA Joined: Sep 16, 2011 16:04 Messages: 8630 Offline
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This happens to me all the time when using music licensed from SmartSound that has also been monetized under a slightly different name. YT notifies me of the claim against my video and will bring up a page that shows exactly where the claim starts in my clip, and from that point I can file a dispute and eventually have the claim dropped.

You will need to file a dispute with YT, so go to the Smartsound.com *website* and search for the name of the track that YT is flagging. From the music's details page, click on the Composer section and include that information in your dispute. Include a link to the exact page so that YT can confirm that you are using that actual song.

Also state that the song is licensed from SmartSound, and you may want to include a link to their standard *license*

Basically, include everything that shows you're not infringing on anyone's copyright and that you are playing by the rules. It is a royal pain to be treated as guilty until you can prove your innocence, but until enough people complain that will continue to be how the system works.

One other fun part is that YT may or may not inform you that the claim has been removed (because you proved that you do have a license), and in either case your video will be left in the non-monetized state and you will not receive any credit for the views it receives during this period. My advice is to check the status via the Video Manager page and reset it to monetized ASAP if monetization desired.

This message was edited 1 time. Last update was at Nov 06. 2015 17:19



YouTube/optodata


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AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Thanks for the info.



Your step-by-step instructions make sense.



All I need to do now is find the song, which does not seem to exist on the smartsound page. Pity I can't influence the tracks using the Magic Tools function to simply use a different song.



Thanks
optodata
Senior Contributor Location: California, USA Joined: Sep 16, 2011 16:04 Messages: 8630 Offline
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You can if you use the Magic Music wizard. That will also bring up the list of all songs that are installed and it shouldn't take long to find the version you're looking for

YouTube/optodata


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optodata
Senior Contributor Location: California, USA Joined: Sep 16, 2011 16:04 Messages: 8630 Offline
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You could also post the YT link here. I'm sure it wouldn't take long for a member or two to ID it

YouTube/optodata


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AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Good idea with the Magic Music. I forgot about that function.

surprised But it doesn't work. PowerDirector crashes after a few seconds.



I deleted the video from YouTube to avoid further hassles. The offending tune was called Lively Piano it seems.
ynotfish
Senior Contributor Location: N.S.W. Australia Joined: May 08, 2009 02:06 Messages: 9977 Offline
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Hi Andy -

As far as I'm aware, there's no SmartSound track called "Lively Piano" - nor any of the audio loops used in Magic Styles. When you use Magic Style, no SmartSound music is used anyway."Lively Piano", I guess, is the name of the track supposedly owned by ilovemedia-es

The default audio clips are included in the Style folders. e.g. If you used the "NoteBook" style, the music applied is called "Note" and it's located at C:\Program Files (x86)\CyberLink\templates\PowerDirector Content Pack 13\PowerDirector 13 Content Pack Essential\Styles\Note_NonFS

Obviously, the CL developers have sourced the audio loop and renamed it "Note", so the origin is unknown. I haven't checked the PDR EULA to see whether there might be any restrictions, but many such claims have been proven to be completely spurious.

For the purposes of your YT claim, you should refer to the fact that the music used is part of a template in purchsed sofware & quote them all the details.

Cheers - Tony

This message was edited 1 time. Last update was at Nov 07. 2015 07:09


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Richmond Dan
Senior Contributor Location: Richmond, VA Joined: Aug 07, 2014 17:17 Messages: 673 Offline
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I think I'll just learn to compose music...sounds easier!

Regards,
Dan
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James Dotson
Senior Contributor Location: Tennessee Joined: Aug 24, 2009 20:40 Messages: 3066 Offline
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Did SmartSound change their license? I think they used to allow YouTube monetization. Now it specifically says it is not allowed without a commercial license. __________________________________
CORNBLOSSOM
optodata
Senior Contributor Location: California, USA Joined: Sep 16, 2011 16:04 Messages: 8630 Offline
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Quote: Did SmartSound change their license? I think they used to allow YouTube monetization. Now it specifically says it is not allowed without a commercial license.
You're right. The Standard license specifically prohibits that, but if you click on the link to the Extended license, monetization is explicitly allowed. So the question is: which version is the bundled music in PD covered by?

I've had all claims against my content released after I disputed them, but those may all have been for tracks that I purchased directly from SS. Since I've been able to monetize them afterwards, they clearly are licensed under the Extended policy.

YouTube/optodata


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Neil.F.1955 [Avatar]
Senior Contributor Joined: Mar 07, 2012 09:15 Messages: 1303 Offline
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Hi All!

I have my own solution:

1) Use "Smartsound" music in clips that will remain private, i.e., burned to disc media or copied to SD card or flash drive(Americans call them "thumb" drives) that will only be viewed by family and friends,

2) use commercial music, again they stay private though more strictly so than with "Smartsound"

3) upload to youTube and use no music at all.

Hope that might settle things.

Cheers!
AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Quote:
For the purposes of your YT claim, you should refer to the fact that the music used is part of a template in purchsed sofware & quote them all the details.


... and I think that is the route to take. Thanks
AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Quote: I think I'll just learn to compose music...sounds easier!


With the way these companies are going crazy with this it actually sounds compelling. Maybe the basics, just to have a background beat.
AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Quote:
Quote: Extended license, monetization is explicitly allowed




Oh dear, now it really gets complicated.

If I make a video without getting paid and not as a commercial venture, how is monetization, ie the sharing of proceeds afterwards, a commercial enterprise? Is that something for legal boffins or am I overlooking something obvious?



But then me humming a tune would infringe copyright too, strictly speaking, if that tune is a copyrighted song. This is too much for my brain.



I remember a video being taken down because I was recording the Hollywood sign with a slow pan and a car parked next to me had the radio on and YouTube complained I was illegally broadcasting copyrighted material.

It gets too much sometimes, I think.
AndySA [Avatar]
Newbie Joined: Jun 04, 2011 14:39 Messages: 44 Offline
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Quote: Hope that might settle things




Yes, it would. But then YouTube has its own background music solution. It's just that you can't have any commentary.
Myk
Senior Member Location: The Hartland of Michigan Joined: Feb 05, 2015 16:09 Messages: 205 Offline
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Before using any music, open the properties of that music. Edit out any copyright info you can find in the General, Security, and Details tabs. .
.
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Neil.F.1955 [Avatar]
Senior Contributor Joined: Mar 07, 2012 09:15 Messages: 1303 Offline
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To all concerned!

This situation with using music in video is getting very much out of hand, ay, what? Optodata's example: I remember a video being taken down because I was recording the Hollywood sign with a slow pan and a car parked next to me had the radio on and YouTube complained I was illegally broadcasting copyrighted material is case in point. If you're out shooting video of anything and someone comes passing by with a very loud radio or one of those old 1980s "ghetto-blaster" stereos(remember them?) and your camera's microphone just happens to pick up the sound, purely by chance, of course, some legal-eagle will jump all over it and say that because that song's on the soundtrack of your video, you owe ASCAP, BMI, SESAC(in the USA) or CAPAC(in Canada) or NCB(in Britain) or even APRA(down here in Australia), X-amount of dollars/pounds/whatever currency applies elsewhere, regardless of how, or how much of that song came to be on your video, if you upload to YouTube, that is! Hmmmm.... A leagal minefield awaits!

Er, ah, cheers(?)

Neil.
Kyle 40
Contributor Location: Cumbria Joined: Sep 06, 2013 14:14 Messages: 467 Offline
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Quote: I think I'll just learn to compose music...sounds easier!



I've been thinking the same thing after I saw/heard the "Garage Band" demo for my iPad, incredibly good music! There again, the guy knew what he was doing so it can't be that easy, fun trying though cool I just want to edit and make pictures, walk my dog and go fishing.
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