Need help on a YouTube Copyright Notice.

bigrock wrote on 3/18/2012, 6:44 PM
Several Years ago I used Sony Vegas with the Cinescore plugin to create background music in video which was posted on YouTube . Today I received a notice today from YouTube that rumblefish.com has claimed that music is violating their copyright. The Theme I used is called Monaco Diamond, one of the most popular themes in Cinescore.

This is my video upon which I received the notice:

Has anyone else had this happen, and if so what was the result?

Comments

TheHappyFriar wrote on 3/18/2012, 8:42 PM
I've never had it happen with cinscore music but the one time it did happen and I felt I had the right to use the music I challenged it, gave me reasons and it was accepted.

Software isn't perfect and I'm sure false positives go through many times a day (but not most of the time).
MikeyDH wrote on 3/18/2012, 8:49 PM
Maybe they have since sold the rights. I have music that was owned by someone and then sold and retitled. No flags yet. I was told the license covers it.
NicolSD wrote on 3/18/2012, 9:05 PM
And there are companies known to abuse the copyright system in order to make money from people who don't fight them back. It happened to me once when some company claimed the rights to some Gregorian chant. I just challenged the claim and YouTube reversed its decision.
NicolSD wrote on 3/18/2012, 9:14 PM
I listened to both tracks and the beat is very, very similar. That may be what caused this claim. But if I were you, I would say it's a false positive and contest the flag. Not only that, it is quite possible that whoever wrote Second Wind used (since it was not copyrighted), modified it slightly and then copyrighted the new version.
ChristoC wrote on 3/18/2012, 9:17 PM
..... seems William Welton is caught with his pants well and truly down copyrighting Sony's Cinescore material as his own work..... you should inform YouTube, and tell them to contact SCS.
Former user wrote on 3/18/2012, 9:18 PM
The song that is linked to your video is the same as the Cinescore you used in your video. It is possible that the artist used Cinescore for the basis of his song, in which case I am sure that would violate the Cinescore licensing.

Dave T2
Dan Sherman wrote on 3/18/2012, 9:22 PM
Surprising that anyone would admit to having written that Cinescore stuff. LOL!
Sorry, I couldn't resist.
Spectralis wrote on 3/18/2012, 10:01 PM
The foundations of the song are exactly the same as the Cinescore theme. Possibly a few EQ adjustments and an enhancer added. I don't know if Sony allows the use of Cinescore themes for the creation of commercial music but for a record company to then try to stop others using it seems dishonest. Perhaps the record company have pursued this without the musician being aware and without being aware that this song is based on a Cinescore theme? I hope you challenge this.
Former user wrote on 3/18/2012, 10:29 PM
This is the website of the artist in question.

http://www.wizardnow.com/faq.html

You ought to send him an email about the rights for the song. He has some other songs that are licensed under the same "commons" license.

Dave T2
bigrock wrote on 3/19/2012, 2:28 AM
I have filed a challenge. My soundtrack was pure Monaco Diamond.

It may take up to a month for a response according to YouTube.
NickHope wrote on 3/19/2012, 2:47 AM
A company in Japan raised a copyright dispute over a 50-minute YouTube video I released that had 16 different music tracks on it.

Even though I'm a partner, YouTube wouldn't tell me which of the 16 tracks was raising the flag, and so I had to upload all 16 tracks separately on a separate account to see which one was causing the problem. The track was a royalty-free piece that I had purchased. I raised a dispute with YouTube. Whenever I contacted YouTube about it their line was "YouTube don't mediate in copyright disputes", however they eventually gave me the claimant's email address. With the help of the composer I finally got the claim dropped. The whole process took one month and I lost partner income on that video for a month, which YouTube never paid me. Even if that claimant had composed that piece, it was ridiculous that they could get the revenue share from that video while the videographer and the other 15 composers got nothing.

If I license music directly off an individual, my license in future will include an extra clause that the licensor will not make a claim over the video on YouTube. It seems a lot of standard RF music licenses don't cover this specifically. On important videos that I hope will earn me partner income, I will upload the soundtrack in advance on a separate account to make sure nothing raises a dispute.
bigrock wrote on 3/19/2012, 2:58 AM
Who knows who really composed Monico Diamond?

In the end I will do what I can but if they will not release the claim I will delete the video then I would upload it with a different soundtrack (assuming I still have the original files).
Laurence wrote on 3/19/2012, 3:23 AM
My guess is that the writer of both pieces was the same guy and he sold the rights to both Sony and Rumblefish.

I have a degree in music, not that that makes me an expert, but I'll tell you this. There are twelve chromatic notes, eight of which are used in any given scale. Most popular music is based upon the same three or four chord patterns and one pop tune is only minutely different than another. The idea that one particular combination of these 12 notes and four chords is totally different than another and worth millions of dollars only really makes sense to copywrite attorneys.

Check out this link to see what I mean:



Here's something similar done with a little pitch and time stretch to make the original recordings all fit over the same chords:



Here's a kid doing the same thing with a flip camera and a guitar:


deusx wrote on 3/19/2012, 4:41 AM
Well, then nothing should be copyrighted. Basically every story ever written or told or turned into a movie/tv show can be found in Iliad, Odyssey or the Bible.

Or paintings, you have portraits, landscapes, geometric shapes and/or bunch of squiggly lines ( the 4 cords of the painting section of art perhaps? ).
Mona Lisa was just a simple copy then, it had been done thousands of times before Leonardo did it. Look at a person and paint what you see, been there done that, as far back as 50 000 years ago.

In fact ancient Greeks should sue everybody who dared to live after them because they had not only done all that before, but put it into words, quite eloquently too, Everybody else is copying them, in real life and in works of art.
Laurence wrote on 3/19/2012, 4:50 AM
How many story plots are there? It depends upon who you ask?

http://www.straightdope.com/columns/read/2366/what-are-the-seven-basic-literary-plots

Definitely "Dances with Wolves, "The Last Samarai" and "Avitar" are the same story.

I think that this bit comparing Star Wars and Star Trek is pretty much on target:

bigrock wrote on 3/19/2012, 6:23 AM
I think the way it may have happened is a Cd was published on Cdbaby. Cdbaby aligned with rumblefish who provided copyright information to YouTube to be checked. It is most likely no one is at fault here.

There may be an innocent explanation to this that will reveal itself in time.
MarkWWW wrote on 3/19/2012, 12:58 PM
>Who knows who really composed Monico Diamond?

According to the "Artist" field in the Cinescore Theme Chooser it is the work of Leo Cavallo. (He is a creator of Acid Loop collections with several well-known titles to his name - Continental Drift is probably the best known).

Even though he presumably relinquished some or all of the rights to Sony when it was made into a Cinescore theme I expect he would take a dim view of anyone attempting to assert ownership of what was originally his work. Anyone knows how to contact him?

(I don't suppose Sony will care much since Cinescore is now a dead product, but it would be good if they could get involved and explain to YouTube what the true situation is.)

Mark
bigrock wrote on 3/19/2012, 1:05 PM
Well this happened fast. Good news, Rumblefish has released their claim on my video after reviewing my dispute statement. So (and this is scary) maybe the system works.
NicolSD wrote on 3/19/2012, 1:24 PM
Yep, that was fast just like those idiots claimed copyrights to some Gregorian Chant I had used.
TheHappyFriar wrote on 3/19/2012, 2:28 PM
They released it so fast because they (most likely) never made it in the first place, it was done automatically.

If you make something original you could do the same thing.
JohnnyRoy wrote on 3/19/2012, 4:10 PM
> "Definitely "Dances with Wolves, "The Last Samarai" and "Avitar" are the same story."

Actually "Avitar" is "FernGully" almost scene for scene. Here is the description:

FernGully: The Last Rainforest (1992)
The magical inhabitants of a rainforest called FernGully fight to save their home that is threatened by logging and a polluting force of destruction called Hexxus.

Sound familiar? This time around the rain forest was just on another planet and it was miners instead of loggers (but they both cut down the trees). They should have called it "FernGully: In Space". The only difference is one is a 2D animation and the other is a 3D animation. I'm surprised Cameron didn't get sued for it but In guess the story is as old as time itself.

~jr
Laurence wrote on 3/19/2012, 5:05 PM
South Park made fun of "Dances with Wolves" with their own, "Dances with Smurfs" The smurfs are even blue, just like the characters in Avitar!

http://io9.com/5403491/south-park-reveals-avatars-true-inspiration

Pocohantus is another movie with pretty much the same exact plot, except that at least some of that really happened...
bigrock wrote on 3/19/2012, 6:31 PM
Just got my ads back on the video, now I can resume the important business of making next to nothing:



Radio Guy wrote on 3/19/2012, 6:40 PM
"Pocohantus is another movie with pretty much the same exact plot"

Yes, and pretty similar to Avatar too!

This copyright policing is only going to get worse and it will be us honest folks that will be hurt the most.