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FAO Squad: Someone's claiming your in-game music as their own!

mod1982

By mod1982
in KSP1 Discussion

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Wallace

Wallace

Posted
Posted

Seems some folks here are mixing up what is public domain and creative commons.

Lets clarify, the music on the Incompetech site is not public domain, Kevin MacLeod is the copyright holder and you cannot use it without his permission.

Luckily for you all he has licensed it under creative commons attribution licence, allowing you to use it for anything if you credit him, but it is still copyrighted and you may only use it under the condition of the CC licence.

Another point: some ppl seem to be mistaking what 'royalty free' means, someone even thought the music was public domain because it was royalty free. Very wrong, royalty free simply means that the licence does not require royalties to be paid every time it is played. It is still copyrighted and it's not been 'given away' tho in this case you can get a royalty free licence just by using the CC one and attributing, in some cases you can still pay big money for royalty free music, it's just you only need to pay once, rather than every play.

Things are only public domain if the creator is dead long enough, the creator explicitly put it into the public domain (though this is not necessarily allowed by many legal systems) or it is not copyrightable (eg a mathematical formula can't be copyrighted)

If something is creative commons, it is not public domain, you have just been granted an extremely permissive licence, (with CC0 you licence absolutely everything possible), and there are several different CC licences.

http://creativecommons.org/licenses/

In the case of youtube claims on copyright, for the Incompetech the correct defence is that you are using the music under a Creative Commons licence from Kevin MacLeod. (although you should be crediting him at the end of your video, unless you wana pay him 30 bucks)

http://incompetech.com/music/royalty-free/about_copyright.html

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Das123

Das123

Posted
Posted

All my recent Kerbal videos are being hit by this CD Baby bull ****. It's really quite annoying. For the time the dispute is on the video can't be monetised so it is costing money while CD Baby evaluate the dispute. They have a month to respond.

I even had one video that CD Baby challenged; I disputed; they agreed it wasn't their song; then they challenged the same video again for music 3 seconds later in the footage. This one is still in dispute and I'm making a video on this particular issue which I'll upload once they finally agree this song isn't theirs.

I support legitimate copyright owners having protection but there should be a cost to companies that use bots to challenge without first checking - particularly when it costs the real content creators income.

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pigletx2

pigletx2

Posted
Posted

Squad needs to go and sort this out. Kevin MacLeod's music is free, and you only have to credit him for you to be able to use it at all time! And as long as ou credit him in the video, and KSP has him in it's credits, you can use it. CD Baby is a dumb company who thinks they own something (that they don't own).

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Murph

Murph

Posted
Posted

If CD Baby are dumb enough to go beyond moronic bot harassment, the correct response from someone in the UK is to cite Arkell v. Pressdram (1971). :wink:

It probably wouldn't hurt to throw in a comment about relative musical ability and talent required to mix wind chimes with free music as well… :rolleyes:

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ihtoit

ihtoit

Posted
Posted (edited)

Wallace already covered what I was about to say... that copyright and creative commons and public domain are all different animals. CC is a specific type of general use license granted by the copyright holder. Copyright is an artificial exclusivity to the rights holder (in this case, the author) to distribute licenses. Public domain is applied to works where the copyright period is a: expired *and* b: not renewed through the Bono Clause.

Copyright and licensing on music is a strange animal in itself. In most legal systems, music copyright exclusivity lasts so long that I don't think there's a place on Earth where the music on, say, The Wizard of Oz doesn't fall under exclusive copyright protection. Go on, try and find a Public Domain version of the movie (there is one, you just have to hunt really hard for it) which has the original soundtrack. What you'll find in the PD version is silence where you'd expect to hear music. The musical version won't be in the public domain until 2034 - even though the book has been public domain in the US since 1956.

Other works, such as animated characters, have equally qeird and wonderful clauses attached to them. Referring to the aforementioned Bono Clause, copyrights on Mickey Mouse have meant that Steamboat Willy, which should have gone into the public domain fifteen years ago, now are under renewed exclusive protection for another 85 years.

On movies with public domain soundtracks, such as Kubrick's "2001: A Space Odyssey" (1968), normalised copyright periods according to the Berne Convention mean that the motion picture and their entire soundtrack including the score will be fully into the public domain (in the US and most of Europe at least) in 2018.

Edited by ihtoit
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Liowen

Liowen

Posted
Posted

I just got one for a video that is not even released yet, by this "Bamboo Wind Chimes", musical composition administered by: CD Baby. What is very odd about the entire thing is that it is not the whole video, but at 8:18 when the music changes over nearing Duna. Current wait time for this dispute is 1/14/14, yet the claim can be done before it is live. What is even funnier is I can go right now and find tv shows, new or old, that are monetized and seemingly get through this system. I may just not load things to youtube anymore and go to Dailymotion and see what their site is like.

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Kerbart

Kerbart

Posted
Posted
Things are only public domain if the creator is dead long enough, the creator explicitly put it into the public domain (though this is not necessarily allowed by many legal systems) or it is not copyrightable (eg a mathematical formula can't be copyrighted)

Technically yes. More accurate would be "if the work was created before Walt Disney Studios existed."

Any work created afterwards, at least in the USA, will have copyright protection for an infinite amount of time.

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Wallace

Wallace

Posted
Posted
Technically yes. More accurate would be "if the work was created before Walt Disney Studios existed."

Any work created afterwards, at least in the USA, will have copyright protection for an infinite amount of time.

Ah yes, the Mickey Mouse rule... Whenever Mickey Mouse is about to become public domain, the period of protection under US copyright law will be extended to stop it.

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Liowen

Liowen

Posted
Posted

I am running a test of three videos to see if it is just because the volume is loud enough that the song is more audible or not. I will upload another part of my rover video (scheduled of course) to see if it gets hit again. The third will be my manned Duna Mission, but I think I am going to turn the music volume down to 2 again. This will make it so I can hear but the video it is not even noticeable, it sucks having to do that but I guess. I am currently disputing the first claim right and changed the release date in hopes that it will be dropped before it goes live.

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Liowen

Liowen

Posted
Posted
If you are using incompetech music then you must include a credit or link as that is part of the license.

If you include the credit and license in your video info then they should just go away when they check.

Or they just claim a different section of the video. Now it is at the 9 minute mark, so disputing that one as well.

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Murph

Murph

Posted
Posted
Or they just claim a different section of the video. Now it is at the 9 minute mark, so disputing that one as well.

I think I'd be tempted to fire a warning shot across their bow at that point, to be honest. Something like a sternly worded email to their general counsel threatening legal action against them for groundless harassment, and demanding that they "cease and desist" immediately. I'd probably have little intention of actually filing against them, but it's one of those situations where fighting fire with fire can actually be the correct response.

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Liowen

Liowen

Posted
Posted

Well I updated the description, and this current claim should go away in a few day. Hopefully this will be the last one, but if not I will have to write them an email with asking them why they are claiming the music that is not theirs. It will work itself out it will just take time.

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RaetacRages

RaetacRages

Posted
Posted

Well I had a second report for the same song on another video so I have disputed that one accompanied with this explanation..

"As per the webpage FAQ of the game Kerbal Space Program ( kerbalspaceprogram.com/faq.php ), under Miscellaneous reds a stub "I uploaded a gameplay video to Youtube. Is it okay for me to monetize it?" and when you expand the stub you read "Yes, by all means. If you are having many views and want to seize the opportunity, go ahead. We just ask to be given credit, a mention and a link to our website is enough. You must also make it perfectly clear that we are the copyright holders of KSP." The music track in question is under their copyright and bears no resemblance to "Emily Taylor-Bamboo Wind Chimes" by CD Baby what so ever. Please have your Content Id Matching software looked at."

...and I'm making sure at the end of my descriptions I have..

"Game and Music is the copyright property of Squad 2013

kerbalspaceprogram.com"

Should be enough to shut them up.

I had a good listen to both songs and the only thing that remotely sounds the same is the background of the bamboo music, which I would love to know how to screen the wind chimes out. The would require some major tech and know how to do.

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Sandworm

Sandworm

Posted
Posted (edited)

...and I'm making sure at the end of my descriptions I have..

"Game and Music is the copyright property of Squad 2013

kerbalspaceprogram.com"

Should be enough to shut them up.

Be careful about this. The music is not owned by Squad, nor was it copyrighted in 2013 (2011?). Improperly claiming or attributing a work can cause problems.

I'd say something like "In-game footage and audio from Kerbal Space Program, © Squad 2013"

But even that is insufficient as Squad does not own any mods you may be using over and above the KSP material. There is no quick answer.

Edited by Sandworm
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Liowen

Liowen

Posted
Posted (edited)
Have any of you had any issues in disputing these claims that CD Baby is making? I see that they're also continuing to claim on KSP videos, is that correct?

Currently I am on my second claim on the same video I posted, though not released from the queue, from them right now. Their claim is for "Emily Taylor-Bamboo Wind Chimes", sound recording administered by: CD Baby (video time stamp 9:10)". I am about to send them an email showing my concern, however if SQUAD is going to do something with this matter on our behalf I will hold off. Also if someone at SQUAD would like to see the video in question I will make it private and white list you to see it. My first claim on this video was dropped, but no sooner was it dropped another was put back on it.

Edited by Liowen
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Liowen

Liowen

Posted
Posted

I am glad, well that might be a poor choice in words, that someone whose channel is bigger than mine is having this issue as well. I did these three videos as a test to see if they would get claims brought up on them or not, usually I have the music set to 2, as this is loud enough for me to hear in my headset but barely audible when the video is playing. I have only upload 1 of these so far, and it has been very painful to deal with, I cannot imagine how it is for someone who might have several videos with these claims. I would recommend that until this is resolved maybe those who are making videos lower or kill the music. This will save you a lot of a headaches when posting the video. Had this been a claim by SQUAD I would not be as upset by it as I am sure it would be resolved, but a company just claim spamming is abusing the system in order to make a fast buck.

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