This is a long and complex topic dealing with many nuances of copyright laws in different countries. I'm not an expert, but I have been dealing with this for years now as an "early adopter" both of HD streaming as well as the Ad revenue. First of all, when you get a notice of any kind, before you do anything else, use a screen capture program or in windows hit the "print screen" button to grab a JPEG and SAVE it TO DISK. More on this later. If your screen image is too small, use the "no squint" add on in Firefox which is a must anyway. OK. There are three categories here basically. The CYAs, the TROLLS and the legitimate Content Owners, who may also fall into the other categories. Some of these people "listen" for patterns in music using automatic pattern recognition to see if you stole their CD. Others TROLL for keywords of music and composers. The trolls send you a notice, claiming that they own the rights. They just assume you will let them put ads on your page, or they are mistaken about an aspect of copyright, or they may even be right and you accidentally included something they own without knowing about it. Now, this is a complex question. Even if the copyright has expired there is the issue of private property and so on. Copyright alone is not an indicator of free use. When in doubt, you must consult an attorney, or else just cave. There is no harm in caving if you think you will save the hassle of a protracted battle. OK, it isn't "right" but life is for living. The CYA, youtube, just wants a quality==quality==piece of paper so they have just cause to put your stuff online. They normally are very reasonable, but do not expect your case to be reviewed by a musicologist. Document your rights--the musical edition, the artists, the venue, any graphics, pictures, paintings, etc, that appear in your work. I always make my own edition, or use one that is online. Content owners--and I count myself in this group as people rip off my content all the time--want to protect their rights. The problem is they may get overzealous, to say the least. Some simply believe that they own it. So in many cases, if you record "Bach" you get a notice--just based on a keyword-- and someone else will try to put ads on your page or get you to remove the item. And, in all cases, if you "own" it, you dispute it to youtube. In rare cases, you may be asked to provide documentation or a link to public domain sources. If you save the notices, if you need to, you can show that they are trolling. To check your status, click this link after logging in [1]http://www.youtube.com/my_videos_copyright And see if you have any flags. The most serious of these is a "strike". If you have a strike, be careful about uploading untill your account is cleared. In many cases, it is difficult or impossible to contact the person who is trying to get a piece of your video. This is a major, major problem in the system, owing to the zillions of such notices. Even though this is frustrating, if you are patient, and provide youtube with clear, thoughtful and well-documented material, they will usually allow your video. Again, if there is thorny issue, even though you may be in the right it is sometimes better to just remove the vid. Also, if your vid is in dispute, I recommend you take it offline as "private" as a show of good faith. I have no evidence to support this, but I believe it is helpful. Almost all of these questions, EXCEPT musicological editions, are addressed in the youtube help forums, as well as the ongoing disputes with GEMA, which is yet another story. __________________________________________________________________
From: David van Ooijen <[email protected]> To: lutelist Net <[email protected]> Sent: Sun, January 29, 2012 2:42:03 PM Subject: [LUTE] Re: YouTube claiming early music rights? All the popsongs I upload for my guitarkids are under copyright. YouTube warns me, but no further action by me is required. They put adds on it, the copyright holders are supposed to benefit from them. Fair enough. My own material, I can 'monetise', meaning they put adds on it for which I am supposed to get something, one day, perhaps, a tiny bit, maybe. YouTube invited me to do the same for the Bach & al. But now this ... David -- ******************************* David van Ooijen [2][email protected] [3]www.davidvanooijen.nl ******************************* To get on or off this list see list information at [4]http://www.cs.dartmouth.edu/~wbc/lute-admin/index.html -- References 1. http://www.youtube.com/my_videos_copyright 2. mailto:[email protected] 3. http://www.davidvanooijen.nl/ 4. http://www.cs.dartmouth.edu/%7Ewbc/lute-admin/index.html
