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Copyright help needed
In December 2013 my wife wrote 2 tracks in memory of Nelson Mandela. She played the tracks on our piano and I recorded the tracks. We went through the lenghty process of getting the tracks on to Amazon. We now find the tracks are on Youtube. We have written to Youtube and asked for the tracks to be removed. This was there reply.
Thank you for your message. The content that is the subject of your complaint was provided to us under license by a YouTube partner for use by YouTube as an Art Track. You can find the licensor’s name in the video description, where it says, “Provided to YouTube by [licensor name]". Even if the licensor's name is unfamiliar to you, they may be a distributor or other authorized company who works with your label. When they provided us with the content, they asserted their right to distribute it on YouTube. For this reason, we will not be able to comply with your removal request. You may wish to pursue the matter with the licensor or reach out to your label about whether they work with the licensor on your behalf.
The OP of the tracks was a company called Fandalism. Fandalism.com is not in opperation and according to members on Fandalism on Facebook it has been out of opperation for over 3 years.
Any help anyone can provide for a solution to this problem would be wonderful.
Many thanks for listening
Comments
When you signed up with Fandalism, did they say they were going to aggregate the tracks to other outlets for you, or only Amazon?
Thats the thing, we never signed up with Fandalism.
I recently read an article about an ongoing issue of companies that upload material and claim copyright on large numbers of songs and then disappear. There is some way of appealing to YouTube and saying you are the rightful copyright holder , but I don’t know the details.
How did you get the tracks on Amazon? Did you use a distributor? Maybe you allowed that distributor to also license your music to third parties?
You’ve asked nicely. Next step is to threaten a lawsuit. If you’re in the US, small claims court is easy and cheap. You don;t need a lawyer. They will cave as soon as they get served.
Since it's a copyright issue, YouTube could have the thing moved to federal court since copyright is exclusively federal in the U.S. BUT even that might be too much of a pain for them to deal with and they could just honor your request as the easier and cheaper option versus filing the motion in federal court.
You might have to Send a certified letter to the actual person or persons that are claiming to own the rights. Either ask for removal or potentially work out some kind of fee to you based on the views. I’m not sure how this would work internationally…
I have found that a good first step in any process like this, (not just copyright, but for stuff like unpaid wages, or other potential legal issues) unless you decide to get a lawyer, is to write a letter to the perp’s (lol, perps) and explain that this is your song, and ask them to remove it or to be compensated. Sign it, make it look official and send it ‘certified mail’. Certified mail in the USA is an official way to send postage that creates documentation of the document, send date, receive date, etc.. a of the letter as well as gett A signature from them when it’s delivered.
This does a few things. First, it politely states your concerns and asks them to remove it, or pay something. 2 it provides a documented record of you asking them to remove it or work something out. 3. Since they are usually made to sign a ‘certified letter’ upon arrival it proves that not only was it sent, it was received. 4 It is an official document that states your concern and hopeful remedy.5. Shows you tried to work it out amicably. 6. It is official documentation for future court record. They could take it down or say screw you, sue us. You could then take That further if you like and get a lawyer.
However the letter could be enough to get them to take it down if that is in fact what you want. This depends on who this licensor is. Do some research to try to find out who/what type of company you are dealing with. If it’s somewhat scammy, maybe It might be a good idea to elude to the fact that… ‘you hope this can be solved amicably, without any other action.’ even if it’s the only step you take, that letter alone could be enough to get them to stop.
Another thought is could there be some fine print with Amazon, that says they or a 3rd party can do this.
Does the video have lots of views?
Since you presumably did not register your work with a licensing agency beforehand (ASCAP, BMI, Harry Fox, etc.) you might just want to chalk this one up to "lesson learned" and move on with your life? Who wins when you go to court? The lawyers. Not you. Next time make sure you get someone on your side before you publish or you have your work registered with the USPTO beforehand.
https://www.copyright.gov/gram/
(This only applies to copyrighted works in the US.)
And never, ever give up your master recordings. No matter how much pressure you face.
I thought if you had proof with something written/text/audio/video etc, that was date/time stamped you still have the copyright even if not officially filed. You could have it written out on a napkin, and it could still hold up. It’s not iron clad legal proof, but should be enough to hold up in most cases.
However, unless it’s generating revenue, I don’t see much of a point. Yea it is pretty sketch that someone is trying to claim it’s there’s and I’d be pissed too. Maybe you could just ask to be credited. Basically unless you have thousands for a lawyer or there’s a decent amount of money to be made, it’s probably something like @NeuM said…. Lots of money, time, headache for not much in return.
I spent years on one lawsuit, won it and then still got nothing out of it. Trust me. The law is not on your side.
Try getting divorced. Twice!! 💸💸💸💸💸💸💸💸💸💸💸💸💸💸💸💸💸😭
My sympathies.
You live and learn. Eventually….
The proof of date and copyright is with Amazon records when it got published there - before it got re-posted to YouTube by someone else.
YouTube will most likely pull it as soon as they;re served. In small claims court you don’t need a lawyer.
Thanks but unfortunately we are in the UK
My thoughts exactly.
Thanks
No the views are too small to generate an income as of yet, my wife is just pissed because their is no credit. You hear someone playing a beautiful piano piece know that it is you and yet someone pretends it is theirs.
With a bit of digging I am able shed more light on the subject. Fandalism put up the original video of my wife’s work.
Philip Kaplan, created Fandalism. In 2012, Kaplan's company founded Fandalism, a social networking website for musicians. He expanded the site to offer the digital distribution of music, and in early 2013, the service was spun off under the name DistroKid.
Distro kid were the original distributor to Amazon.
Does this mean we cannot take it down, but would it be possible for it to be credited?
If you can find a pathway to communicate to the right people (which might take a lot of trial and error) , you should be able to get that taken care of. It might take a lot of digging around. The automatization of everything often means it is hard to find the humans that can intercede. I would try on the Amazon, Fandalism, Distrokid and YouTube fronts…and keep escalating till you find an actual human rather than a bot responding to you.