Received copyright claim on work that I created - what should I do? (DMCA)

[steffeeH]

I run a sounddesign label, i.e I create sounds and sell them in packages with different themes and genres.

As promotion I create a demo song showcasing the sounds in a musical environment, to give a potential customer an idea of how these sounds can be useful in their own music production. his song is uploaded to the product page for listening, and this is basically standard practice in this industry.

The product includes a EULA that specifies that the sounds are not sold but licensed, meaning I still own the sounds, the customer have simply bought the rights to use the sounds in their production - so redistributing the products without my consent is piracy. The EULA also states that the sounds are royalty free, meaning the sounds themselves can be used freely in music production without the liability to pay royalty fees. This is also standard practice in the industry.

In the past I have included the demo song among other sounds used in the demo song as bonus content to add more value to the product. I do realize now that this has been a mistake, since the EULA then would render the song a royalty free sound.

What has happened now is that and artist have exploited this error of mine, and more or less copied one of the demo songs, made some cuts and overdubs, and called it his own work. While I personally find this bad practice and bad style as a producer, I'm not going to be mad at the producer, since the error is on my end.

HOWEVER, a few hours ago the record label of the artist filed a copyright claim on YouTube on one of my label's YouTube videos presenting a product with a demo song - claiming that the demo song is copyright infringement on the song the artist has created that was more or less copied from this very demo song. No action has been taken. I do not plan on picking a fight as the product is old and I plan on soon dismantling the label, but I wonder what I can do to tell the label to stop.

Personally I just find this scenario hilarious, I just want to make a mark so they leave me alone and at least don't file copyright claims at my own work.

[an-electric-heart]

Yeah, but "he" hasn't targeted you, it's just some automatic song matching thing, he's probably released it through cd baby or something, and their bot is looking for duplicates on youtube so they can collect royalties.
I get pissed off when cd baby copyright strikes me for my own songs used elsewhere (I don't use them anymore), it's just an automatic system.

[lfm]

Is there a way to go by original content and timestamps on that - like uploaded before they made their content, or similar?

I mean, who copies who would be rather obvious in who has the oldest material.
Creation date on hdd, or backups etc.

Did you watermark any of your stuff - that would tell too. Those that did original would know where watermark is and what is does.

[BertKoor]

Copyright is obtained automatically (Berne Convention) by the action of publishing it. Can you prove one way or the other what the date was you first published this song? Hand that over as evidence, it should silence them.

[Distorted Horizon]

Watermark your demo songs?

[lfm]

Watermark your demo songs?

You can insert a certain frequency pattern, at -80dB and 15-18 khz or similar.
I'm sure there are many way of doing it, this is just one I have been thinking of.
Anybody having the original material would know that - to proove a point.

Found a wiki on this
https://en.wikipedia.org/wiki/Audio_watermark

Here is more on the subject
https://forum.cockos.com/showthread.php ... =watermark

[steffeeH]

Thanks for all the replies!

I do have some sort of watermark, as I use a beattag. Funny thing as it is also audible in the copied version from the artist. Though I don't know if it's enough as it only happens at the start of the song. It's nothing like mentioned above with low volume frequency patterns - pretty smart, never thought about that.

My video of the demo song on YouTube was uploaded in 2015 - their song is released now in 2018.

[Distorted Horizon]

Load a pic of your face to Harmor and implement that to your demo track

[steffeeH]

Load a pic of your face to Harmor and implement that to your demo track

You're a genius
I actually began my interest with sounddesigning using Harmor, and yes I've uploaded numerous profile pics of myself into Harmor to see what my face sounds like xD

[Distorted Horizon]

You're a genius

Can't take the credit here.. AFAIK Aphex Twin did that

[Tj Shredder]

Actually I don't think that your demos are automatically public domain, they are only royalty free!
The copyright, at least in Europe remains always with the original creator! Simply explain to the publisher, they must not claim copyright for that song. At least if its as close a one would call it a derivative work. They have all rights to publish it (as you allowed it) and collect whatever they want, but have no right to claim a copyright...
Most likely its not the fault of the publisher, its the fault of the wanabe "artist"...

[mgw38]

Yeah, but "he" hasn't targeted you, it's just some automatic song matching thing, he's probably released it through cd baby or something, and their bot is looking for duplicates on youtube so they can collect royalties.
I get pissed off when cd baby copyright strikes me for my own songs used elsewhere (I don't use them anymore), it's just an automatic system.

Yes, this is automatic. I almost got kicked out of Soundcloud twice for violating my own copyright.

[AsPeeXXXVIII]

Something sort of similar actually happened to me once - I uploaded an original tune of mine to my YouTube channel, and it somehow ended up getting a copyright claim. But in my case, all I had to do was dispute the claim by saying that it was an original work, and the claim was gone the next day.

Anyway, I'd wager the best you can do in your situation is contact the artist and politely explain what he did wrong. If they admit to it and apologize, all is fine. Not so much if they try to turn the situation in their favor.

[fluffy_little_something]

Can you contact the "artist" and tell him about the error?
If he or she still claims it is their tune, it would be incredibly brash...

[Russell Grand]

I run a sounddesign label, i.e I create sounds and sell them in packages with different themes and genres.

As promotion I create a demo song showcasing the sounds in a musical environment, to give a potential customer an idea of how these sounds can be useful in their own music production. his song is uploaded to the product page for listening, and this is basically standard practice in this industry.

The product includes a EULA that specifies that the sounds are not sold but licensed, meaning I still own the sounds, the customer have simply bought the rights to use the sounds in their production - so redistributing the products without my consent is piracy. The EULA also states that the sounds are royalty free, meaning the sounds themselves can be used freely in music production without the liability to pay royalty fees. This is also standard practice in the industry.

In the past I have included the demo song among other sounds used in the demo song as bonus content to add more value to the product. I do realize now that this has been a mistake, since the EULA then would render the song a royalty free sound.

What has happened now is that and artist have exploited this error of mine, and more or less copied one of the demo songs, made some cuts and overdubs, and called it his own work. While I personally find this bad practice and bad style as a producer, I'm not going to be mad at the producer, since the error is on my end.

HOWEVER, a few hours ago the record label of the artist filed a copyright claim on YouTube on one of my label's YouTube videos presenting a product with a demo song - claiming that the demo song is copyright infringement on the song the artist has created that was more or less copied from this very demo song. No action has been taken. I do not plan on picking a fight as the product is old and I plan on soon dismantling the label, but I wonder what I can do to tell the label to stop.

Personally I just find this scenario hilarious, I just want to make a mark so they leave me alone and at least don't file copyright claims at my own work.

That's lame, fluffy. There's always some jackass out there, innit? Good luck.