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It seems that YouTube are systematically scanning uploaded videos for music, presumably with some sophisticated software and, as soon as it discovers a recognisable piece of music, it automatically assumes that it is an infringement. I recently had four cases, assuming you are guilty unless you can prove your innocence. In three cases, I used Creative Commons music with free licence for non-commercial use, and with acknowledgement of the source and licence in the credits. In a fourth case, I had express written permission to use a 5 minute video with music within another video from la Télévision Suisse Romande. At the beginning of the clip, I spieled the origin with my thanks for their permission to use it and I added at the bottom (C) TSR, Geneva, 1977.
It is evident that they do not check whether the recognised music is licensed or not; they just assume it is not until you show them otherwise. In two cases (including the TSR excerpt with specific licence above), I appealed and, within a minute, received the following e-mail:
They clearly had no time to contact the "collecting societies" for reviewing the dispute: this answer was sent automatically.
OTOH, a number of years ago, I published a short excerpt from Carmina Burana by Karl Orff, taken at an open-air concert in the old Roman amphitheatre at Ephesus. Orff died a few decades ago but the copyright of his works is jealously guarded by his family. Apparently, about two years ago, the family lodged a complaint and despite the excerpt being about 2 min of an hour-long work (fair use???), YouTube peremptorily removed the clip without right of appeal. The source was credited and I had permission to video the performance.
It is evident that they do not check whether the recognised music is licensed or not; they just assume it is not until you show them otherwise. In two cases (including the TSR excerpt with specific licence above), I appealed and, within a minute, received the following e-mail:
Dear bxxxxxx,
One or more music publishing rights collecting societies has reviewed your dispute and released its copyright claim on your video, "yyyyy.wmv". For more information, please visit your Copyright Notice page
Yours sincerely,
- The YouTube Team
One or more music publishing rights collecting societies has reviewed your dispute and released its copyright claim on your video, "yyyyy.wmv". For more information, please visit your Copyright Notice page
Yours sincerely,
- The YouTube Team
OTOH, a number of years ago, I published a short excerpt from Carmina Burana by Karl Orff, taken at an open-air concert in the old Roman amphitheatre at Ephesus. Orff died a few decades ago but the copyright of his works is jealously guarded by his family. Apparently, about two years ago, the family lodged a complaint and despite the excerpt being about 2 min of an hour-long work (fair use???), YouTube peremptorily removed the clip without right of appeal. The source was credited and I had permission to video the performance.
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