First the amusing troll, now this...

Bucket

Some of you may remember my thread about a troll who stalked one of my videos on Facebook for a while. This was on my video of a guitar solo I wrote over Boys of Summer by Don Henley - it got tens of thousands of views and supposedly reached hundreds of thousands of people. To clarify - this was on Facebook, on my guitar page that I operate in more of a professional capacity than my personal page, which is full of shite like my posts on here It's not on YouTube or anywhere else.

I was notified earlier that Universal Music Group have made a copyright claim over it, and it's been removed from Facebook. They said I can "contact the claimant directly and follow it up" but then didn't provide me with an email address to contact. So unless I'm very much mistaken, I'm pretty much up Shit Creek, aren't I?

I believe my video was fair use - the point of it was to demonstrate a guitar solo that I wrote myself over an existing song, that original content being the focus of it. It is my interpretation of the song, so I think I have the right to use and share it as my own work. Can anyone clarify?

Does anyone have any advice for me? As well as anything else, I just want the video back because, stupidly, I don't have it backed up anywhere else except my old computer at home, which I haven't switched on for about five months and may not even work any more. And it's an absolute fucking bummer to lose the view count. I believe it was on about 80k last time I checked.

Really hope someone can help.

holnrew

Facebook aren't very helpful. They've never responded to my messages, even though I lost all photos I uploaded before November 2015

bingefeller

When did you last watch the video?  If you switch your browser to offline mode it might still be in your cache somewhere, or one of your friends might have it in their cache.  

Bucket

holnrew said:

Facebook aren't very helpful. They've never responded to my messages, even though I lost all photos I uploaded before November 2015

I've resorted to tweeting them, as well as a bunch of accounts linked to UMG. I've also screenshotted my Facebook post about it and tweeted that, asking for retweets. I'm hoping if it's out there in public getting some exposure they might bother to reply.

TheBlueWolf

Facebook can be pretty unhelpful but flagging this up on social media may help.

Ravenous

Bucket said:

I believe my video was fair use - the point of it was to demonstrate a guitar solo that I wrote myself over an existing song, that original content being the focus of it. It is my interpretation of the song, so I think I have the right to use and share it as my own work. Can anyone clarify?

Does "Fair use" apply in the UK, or is it a US thing that everyone assumes exists here (like the 5th amendment)?

Secondly I've heard there is "Fair dealing" here but that's a different thing and not necessarily equivalent.

Read this first:

https://www.gov.uk/guidance/exceptions-to-copyright

Are you sure you're not breaching copyright? For example if you included most of the original song, that might be a breach - at a guess. Also they've put the ball in your court - it's disputed so you'll have to pay a lawyer and prove you're using the material fairly.

Stevepage

If you creditted the original artist in your video then I can't see what they can do about it. Plenty of people perform covers and post them on youtube, perform them on Shit Factor etc

digitalscream

@Bucket - having seen a few of your videos, I believe the problem is that you play over the top of the original recording. Therefore the original recording can be heard, and is subject to a copyright claim. If the audio was just your playing, they wouldn't be able to do anything about it (since you have the copyright on the performance).

Of course, I'm not a lawyer, but that's how I had it explained to me.

thermionic

Stevepage said:

If you creditted the original artist in your video then I can't see what they can do about it. Plenty of people perform covers and post them on youtube, perform them on Shit Factor etc

Plenty of people have their covers removed from YouTube, and performers on TV have permission and the songwriters get paid for it.

Dominic

I think,from my experience that the digitalscream is spot on here digitalscream said:

@Bucket - having seen a few of your videos, I believe the problem is that you play over the top of the original recording. Therefore the original recording can be heard, and is subject to a copyright claim. If the audio was just your playing, they wouldn't be able to do anything about it (since you have the copyright on the performance).

Of course, I'm not a lawyer, but that's how I had it explained to me.

mellowsun

Stevepage said:

If you creditted the original artist in your video then I can't see what they can do about it. Plenty of people perform covers and post them on youtube, perform them on Shit Factor etc

This is changing though. YouTube are getting strict on this and pulling cover versions or slapping copyright notices on them.

I've had a dnumber of emails recently from YouTube warning me about some covers or interpretations I've done

vale

i think youtube are being very cunty about copyright anything today.
one of their periodic line in sand, day of long knives moments.

i use a thing called ytd downloader to download & convert to mp3 live performances of bands i like.
very often guitar solos get buried in the mix in studio stuff but live you can pick it out. i've got all the cds anyway.
& suddenly today ytd downloader doesn't work with youtube anymore.

it's like schrodingers downloader.
they say live/demo/unreleased stuff can't be distrubuted because 'it affects sales'.
then when you ask them when they are going to release it they say never 'because it's not commercially viable'.

fuckers. hopefully vimeo & daily motion put them out of business.

holnrew

They do a copyright claim on YouTube where the owner of the copyright gets to make money on your video

Sambostar

digitalscream

vale said:

i think youtube are being very cunty about copyright anything today.
one of their periodic line in sand, day of long knives moments.

i use a thing called ytd downloader to download & convert to mp3 live performances of bands i like.
very often guitar solos get buried in the mix in studio stuff but live you can pick it out. i've got all the cds anyway.
& suddenly today ytd downloader doesn't work with youtube anymore.

it's like schrodingers downloader.
they say live/demo/unreleased stuff can't be distrubuted because 'it affects sales'.
then when you ask them when they are going to release it they say never 'because it's not commercially viable'.

fuckers. hopefully vimeo & daily motion put them out of business.

YouTube is a streaming service, not a downloading service - and downloading audio/video from their site to create a permanent file is against their terms of service. Why should they support it when you're breaking their terms?

axisus

I got done by YouTube for putting up an instrumental version of a song when I did my own arrangement and recorded all instruments from scratch. Never understood that??

Panama_Jack666

I disputed a copyright claim on one of my videos on You Tube. The claiment didn't seem that bothered. I contacted the claiment - they ignored me.

Got half a million views now! I probably only had 100 views when I disputed it! They may pay more attention to a video that already has quite a few views.

mellowsun

The other thing they will do now is automatically monetise your video on behalf of the copyright holder if they think your video contains copyrighted material. Here's an email I got yesterday

Your video "Walk Away Renee", may have content that is owned or licensed by BMG_Rights_Management, CASH, ACUM_CS, APRA_CS, Exploration_Group_LLC, COMPASS_CS, SGAE_CS, SACEM, ARTISJUS_CS, and ARESA, but it’s still available on YouTube! In some cases, ads may appear next to it.

This video was not previously monetized by me, but it is now, but the ad revenue will go to someone else

fretmeister

axisus said:

I got done by YouTube for putting up an instrumental version of a song when I did my own arrangement and recorded all instruments from scratch. Never understood that??

Because it's not your song, only your arrangement 

Vaiai

all the vids of my band or mates band with the song title in the video title get copyright strikes - but if you agree to let the owner monetize it they let you go ahead. I'm fine with that - it's also an automatic system that detects songs. I have had them from the song in the background when we are being introduced by the DJ etc. Bizarre, if somebody wants to listen to Sex on Fire in a big echoey hall filmed on a cameraphone then I have the vid for you! It'd ridiculous.

As to covers or guitar lessons - use backing tracks of the songs rather than the original and save yourself the hassle.  

digitalscream

Vaiai said:

I have had them from the song in the background when we are being introduced by the DJ etc. 

That's an interesting one - the UK's Fair Dealing provisions give an exception to copyright infringement when the inclusion of a song is incidental to the video/audio track's purpose. Ergo...a song playing in the background when you're being introduced (the focus of the video being you) shouldn't cause an infringement.

Of course, the actual law doesn't stop people having videos of their cute kid doing something silly taken down because a Spice Girls song is on the TV behind them.