Stolen/Reuploaded works

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MoonshineFox
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Stolen/Reuploaded works

Post by MoonshineFox » 13/01/2019 - 16:27

So I've been hit with someone stealing my work (and several other artist's work) once for reals. He took the entire soundtrack to the game "Flux" from 1999 and renamed all the songs to something so creatively bankrupt as letters of the greek alphabet, uploaded the thing to Google Play, Spotify etc and sold it as his own.

I got into contact with Google specifically and had it taken down. That was a couple of years ago, and that was actual original work (as in no remixes but actually 100% made by me and the other artists involved with making the soundtrack of that game).

However, today, just for fun, I did a google search on targeted sites for my handle and found a couple of Youtube channels who had reposted my remixes. Now, they've put their own gameplay over the track, but it's 100% of my remix through and through and the only "credit" they give is "Arranged by Moonshine Fox". No links to Amigaremix, Soundcloud or even my Youtube channel.

So here's two questions:

Has this ever happened to you? What did you do?

Can I actually legally make a takedown of the videos that have reuploaded my work? The original tune isn't mine, but the remix (transformative work) is mine (provided I have permission from the original copyright holder, which in one case I actually have (Roman Werner, you rock!)). Can I issue a takedown of my work? I'm unsure really how this works, so that's why I'm asking.

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LMan
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Re: Stolen/Reuploaded works

Post by LMan » 17/01/2019 - 12:05

Incidentally we had this discussion recently. Disclaimers have been/will be put up on Remix.Kwed.Org and AmigaRemix, addressing the issue. However I have my doubts that this will stop anyone. :roll:

Anyway welcome! :cheers:

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Re: Stolen/Reuploaded works

Post by MoonshineFox » 17/01/2019 - 17:27

Interesting read. Not that I'm that far gone to have all my music taken down everywhere just to prevent others from uploading it, but it's nice to know that the law is at least on my side should I encounter it. And thank you!

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Re: Stolen/Reuploaded works

Post by Chris Abbott » 19/01/2019 - 10:54

You can issue a takedown over the unauthorised use of a cover recording, yes.
Won't somebody PLEASE think of the children?

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Re: Stolen/Reuploaded works

Post by MoonshineFox » 19/01/2019 - 19:36

Good lord. Someone got real upset about me claiming my rights to my works.

He even took the time to go through my works on both Amigaremix and Youtube to downvote me. That's dedication. (For instance: https://www.remix64.com/track/moonshine ... and-intro/)

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Re: Stolen/Reuploaded works

Post by LMan » 20/01/2019 - 16:28

I've sent you an email, we'll sort things out.

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Re: Stolen/Reuploaded works

Post by daXX » 21/01/2019 - 7:42

Hey MoonshineFox.

You can make a copyright claim on those sites (youtube, spotify etc).

Even if the melodies aren't your own, the remix is. You have always rights on your own work.
Would be the same when someone is doing a photo of mona lisa.
Just because the its a paint of Leonardo da Vinci, doesnt mean that you dont have rights on your photos.

I did the same with people who ignored my mails and my request for deletion. So i just claimed on youtube and they have take down the content.

I think the only way to save your rights is to write some Licence Information in your uploads here. Sadly we can not enter Informations in the uploads. We need to edit the file when it's online and that creates a time window for copycats.But at least you can clear your rules such as "Free to listen and download, don't sell, make money, publish under different name etc" by editing your information. Those rules should be clear. If you THEN find copies on youtube / spotify etc, you can directly punish them because they deliberately violated your right.

Cheers.

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Re: Stolen/Reuploaded works

Post by MoonshineFox » 21/01/2019 - 16:53

I do have a licensing blurb on my music, everywhere it's available so people should know. I've only ever found three people who've blatantly stolen my works, so it's not a huge issue for me.

That said, I'm a small time remixer who hasn't exactly made a name for myself so. I imagine for "larger" names the issue is far greater.

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Re: Stolen/Reuploaded works

Post by C64GLeN » 24/01/2019 - 11:10

daXX wrote:
<span class="hotdate" style="color:#888;">21/01/2019 - 7:42</span>
Would be the same when someone is doing a photo of mona lisa.
Just because the its a paint of Leonardo da Vinci, doesnt mean that you dont have rights on your photos.
This is 100% incorrect. Photographing copyrighted work amounts to reproducing it. The only reason you are allowed to take pictures is that the Louvre allows it (for private use only). They have restricted other works of Van Gogh and Gauguin (in a connecting room) with the "No photography” warnings.
daXX wrote:
<span class="hotdate" style="color:#888;">21/01/2019 - 7:42</span>
I think the only way to save your rights is to write some Licence Information in your uploads here.
You need to agree on those rights with every single original composer or copyright holder first. Good luck with that.

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Re: Stolen/Reuploaded works

Post by LMan » 29/01/2019 - 9:25

Btw nothing stops you from putting your personal license info into the comment field, which will go along with your mp3.
That being said, you still need to clear the rights with all the other rights-holders before you can put any kind of license on it, so I'd strongly advise against it if you haven't done that. OR, like most here, you could just enjoy the "fair use" environment, enjoy remixing, enjoy listening etc for free, without worrying too much about the original rights holders going after you.

The fun stops when you wish to make a cent of it. Then you'll have to clear your music properly and officially first. So it's fair game to go after youtubers monetizing your music, but I have the strong inkling that a license info won't stop them.
rko (2).png
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Re: Stolen/Reuploaded works

Post by MoonshineFox » 02/02/2019 - 18:30

Sounds fair. Thanks for the insight, Lman!

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Re: Stolen/Reuploaded works

Post by daXX » 20/03/2019 - 18:24

So it's fair game to go after youtubers monetizing your music, but I have the strong inkling that a license info won't stop them.
Pheew... LMan.
It's not to "stop them".
It's to proof, that they used music which is not allowed this way to monetize or make money with it.
If you have no proof available wich is dated earlier and the music runs as public domain here, you can absolutely do nothing against it and youtube / spotify won't help you.

:cheers:

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Re: Stolen/Reuploaded works

Post by daXX » 20/03/2019 - 18:37

You need to agree on those rights with every single original composer or copyright holder first. Good luck with that.
That's just not right. You have always own rights as an editor on your work which has nothing to do with the copyrights.

First, you have to see the facts. This site is called remix but a remix is something different from that, what people upload here:

I will quote something from a site about remixes and cover versions:

Remixes: (Hardly any of the "Remixes" offered here contains original material. That's why it's cover!)
In a remix, the individual voices or soundtracks of an existing recording are reassembled or mixed, ergo "remixed". In this case, it usually remains with the already existing first recording, so that no new sound carrier and accordingly no further sound recording manufacturer right arises. In a remix, an original recording is usually underlaid with new tracks and is thus a processing of the original recording. The author (in particular composer, lyricist) or representative of his music publisher must therefore be asked for his consent. Since the original recording is used, it also requires the permission of the record company that has published the original title.
When we talk about Good luck, then good luck with this site. Because it 100% illegal then! There is no fair use in german rights and this site is german.

Cover-Versions: (This is, what you guys listen to)
Cover versions, however, are the subject of copyright, which is described in Germany in the Copyright Act (UrhG). Legally, the cover version is always a "different transformation" in the sense of the UrhG. This also applies if it is replayed true to the original. The Federal Supreme Court describes as a cover version the re-recording of a processing of an original work, while the music industry sees in the cover version of the re-production and release of a previously existing and already published musical work.

Ideally, a cover version is not an editing, but a faithful use of the original. The rights to use a cover version may be obtained from the collecting society of the original. Minor changes through another arrangement are covered by the purpose of the UrhG. Significant changes, however, would be an editing. Example: A German lyrics to a foreign-language original is editing.

Of copyright importance is the question of whether the new version is an almost complete match with the original or whether its own creative achievement exists. In the last case, musically, it's not a cover version, but an adaptation.
I am an Editor. You can call this C64 Editors if you want to talk about RIGHT or not RIGHT. :) And as an Editor i have always rights on my own interpretation and sound. So most of these "Remixes" are 1:1 cover Versions. I don't really need a permission from original Copyright holders.

That's the way i learned it. If you have other information, enlighten me.

:cheers:

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Re: Stolen/Reuploaded works

Post by LMan » 02/04/2019 - 22:34

Yes, most tracks are covers; or "adaptions" as they're called in the text you posted.

RKO is not german but danish.

The music here never ran as "public domain". A while ago, Kwed has put up a disclaimer, clarifying this.

What I meant with "fair use" is not that it would stand a chance in court, but that the rights-holders likely / hopefully won't sue because it's all done non-profit and in a way that honors the orginials. "Wo kein Kläger..."

In fact, you prove my point. While you have indeed your rights as editor, this does not cancel the rights of the composer! You'll have to clear it and pay royalties if you wanna make a dime off it: "The rights to use a cover version may be obtained from the collecting society of the original."

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Re: Stolen/Reuploaded works

Post by C64GLeN » 03/04/2019 - 19:59

daXX wrote:
<span class="hotdate" style="color:#888;">20/03/2019 - 18:37</span>
That's the way i learned it. If you have other information, enlighten me.
https://en.wikipedia.org/wiki/Mechanical_license

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