Music and Sounds, copyright claims

[Luieburger 15]

UPDATE 5/25/2012

They disputed the fair use claim, so I went ahead and edited out the first 60 seconds of the video. The video is actually better this way. It removes 60 seconds of ATV repair, which is somewhat boring.

http://www.youtube.com/watch?v=QK4mKJJdBDw

I also sent and e-mail to Orchard telling them that the video no longer contains copyrighted materials.

Original post

So I posted a Fraps recording of this game to YouTube and now "The Orchard Music" claims that I've infringed copyrights because this song is playing in the background.

Pretty cool huh? I never knew where they section of music came from.

How did Rocket and the DayZ mod folks get around the copyright issue with this music? Did they get permission to use it in the game? Do they not care because they are in the Czech Republic and they can't be touched? I remember that earlier there were some Valve zombie sounds in the game. They were taken out in the 1.5.7 patch I believe and replaced with some good stuff, but were there any copyright issues there?

Anyway... this copyright claim from YouTube/The Orchad Music gave me the opportunity to study up on fair use. They're fine with letting me keep the video up as long as I acknowledge that this is their content and they can put adverts on my video, but I don't like being pushed around so I want to claim fair use. I know the last place I want to get legal advice is on a forum on the internet, but I want your opinions.

Also, I'm curious about how copyright law affects the mod and its developers since they apparently borrowed a lot of stuff.

[manowar 19]

You know I think some companies just have watch dogs set out to fuck with people like us who post videos on youtube.

[SDE Bellisarius 1]

you got no idea how may morons roam the internet. The best are the ones i see on torrent sites. .

DL games for free? : "omg you guys are the ones who are killing the industry"

DL music for free? : "omg you guys are the ones who are killing the industry/CD's"

DL MOVIES for freee? : "omg you guys are the ones who are killing the industry/not feeding Michael Bay's CGI orgy"

DL pr0n for free? : "omg you guys are the ones who are killing the industry/going to hell"

There is nothing worst than looking for stuff and when you find it you complain.

Some douchebag asking how i got this uploaded, he posted that AFTER i had my clip age restricted , fucking retard was thus either a white knight or was himself lying to youtube about his age or else he could not have seen my video atall.

[Stinglock 1]

I got no idea what the above post is in response to, maybe lost?

Provide credits and let them throw up ads if you want to use their music.

Otherwise drop by http://www.zero-project.gr/ so long as you place a link to their site in the description you are free to use any of their music.

[Blaaaaaaag 75]

The Orchard Music makes claims on all sorts of public domain shit because they have more clout and know you can't do anything about it. I think you should take your vid down, re-record it with your music volume turned down, and repost. Don't give those scammers a dime.

[SDE Bellisarius 1]

I got no idea what the above post is in response to' date=' maybe lost?

Provide credits and let them throw up ads if you want to use their music.

Otherwise drop by http://www.zero-project.gr/ so long as you place a link to their site in the description you are free to use any of their music.

[/quote']

OP got reported thats what happend, same thing happened to my video. and i was just replying with examples of such morons that do that.

And its a MOD in Fair use , so they can go fuck themselves about copyrights.

And you dont have to do take it down cuz they CANT do anythign about it.

[disciple 26]

Yea, and the same thing happened on me...

[Blaaaaaaag 75]

I feel like I have to reiterate or clarify my last post in this thread... Orchard Music are scumbag liars, and they make claims on all kinds of shit that isn't theirs, simply because they can. Do not let them monetize your video, or you'll just be an enabler. It's better to take your video down, and upload one with either no music, or music you own/have an agreement for.

[SDE Bellisarius 1]

I feel like I have to reiterate or clarify my last post in this thread... Orchard Music are scumbag liars' date=' and they make claims on all kinds of shit that isn't theirs, simply because they can. Do not let them monetize your video, or you'll just be an enabler. It's better to take your video down, and upload one with either no music, or music you own/have an agreement for.

[/quote']

Ya this is true, its like the patent wars: youtube edition

[boxman80 964]

You can contest Youtube muting your video. Google "Youtube fair use policy" to find out how. It works for me all the time.

[Renegade0260 3]

The artist should be pleased his music is being used in this mod, it's good publicity.

The record company can go **** themselves IMVHO.

[worbat 13]

Contest the claim, and state the following.

The use of the music is under the "fair use policy" and I plan to never make any money off of this video.

Enjoy your video back.

-20 copywrites disputed to date!

[Luieburger 15]

They disputed the fair use claim, so I went ahead and edited out the first 60 seconds of the video. The video is actually better this way. It removes 60 seconds of ATV repair, which is somewhat boring.

http://www.youtube.com/watch?v=QK4mKJJdBDw

I also sent and e-mail to Orchard telling them that the video no longer contains copyrighted materials.

[Blaaaaaaag 75]

Re-uploading a fixed version of the video was your best bet, sending an email to The Orchard was pointless. No human was involved in their specific claim against your video, and they don't care anyway. Youtube has an automated 'content id' system in place that flagged your video, then when you made your claim against it, The Orchard automatically confirmed their claim on the material without so much as looking at your video. It's what they do. Worse yet, the 'content id' system is extremely flawed, and between it and fraudsters like The Orchard, many claims wind up being made against folks who upload purely original content of their own creation, who then have to either allow The Orchard to monetize their material or remove it.

Read this, it's pretty interesting: http://fairusetube.org/youtube-copyfraud

As for what can be done about this crap, well, nobody knows. I suppose they'll have to wind up filing a claim against someone with higher-paid lawyers before this can possibly bite them in the ass.

Good luck with your new vid, hope you don't have to take any more shit from these shysters.