Thread: YouTube users beware: Hans Zimmer on a rampage!!

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Wow!

I just received an email from YouTube that my 2007 Halloween video has been blocked due to copyright infringment:

"A copyright owner has claimed it owns some or all of the audio content in your video Pirates of Hollin Hall - Halloween 2007. The audio content identified in your video is Wheel of Fortune by Hans Zimmer. We regret to inform you that your video has been blocked from playback due to a music rights issue."

Yes, I did use Hans Zimmer's "Wheel of Fortune" in my 2007 video, but seriously?? They felt the need to have YouTube block my video?

My display is essentially an homage to the Pirates of Caribbean movies and ride. I dunno, I'm just having a hard time believing this....it's not like I'm making any money from it or am pirating (pun not intended) the music out to others...

Anyways, beware of using copyrighted material in your videos!!!

-dgm

Other users are having problems with similar issues on the LOR forums... This was posted over there...

Mom fights music giant over DMCA takedown notice

This is why I use Viemo, way better then youtube any day....

It is going to get to the point where you can't even play music at all because record companies are afraid they are going to get recorded and redistributed.

I don't see how having music playing in the background of video could be considered copyright infringement. If they really wanna get technical they could slap everyone who does computer controlled displays or displays in general with a law suit or make them pay royalties for every time you play a song over a transmitter or speakers in your yard. I am surprised ASCAP and BMI have not gone as far as enforcing that. It is pretty much the same situation.

A quick check on YouTube, and there are tons of videos that use the POTC soundtrack. It begs the question, "Why me?"

Texan78, I totally agree. How can they see background music in a web video as a threat?

Guess I need to look for a new video host. Now I'm debating whether to put a soundtrack to my 2008 video at all.

Total buzz kill.

-dgm

Just use Viemo, it is so much better and you can add overlay titles and custom colors, etc.

If you use original music that you create, music in the public domain or pay for licensing then you don't have a problem. Otherwise you are enhancing your video with someone else's talent and ripping them off. Posting things on YouTube or like public services is a public broadcast and I would say legally is always prohibited without the authorization (ie letter to use or royalty fees) from the owner of the copyrighted material. I suppose that if they are cracking down on copyright issues on YouTube they will be getting around to the other services too.

Originally Posted by Ghost of Spookie

If you use original music that you create, music in the public domain or pay for licensing then you don't have a problem. Otherwise you are enhancing your video with someone else's talent and ripping them off. Posting things on YouTube or like public services is a public broadcast and I would say legally is always prohibited without the authorization (ie letter to use or royalty fees) from the owner of the copyrighted material. I suppose that if they are cracking down on copyright issues on YouTube they will be getting around to the other services too.

That only applies when you are distributing for profit, I.E. a commercial for a product, etc.. Otherwise you are just advertising for free for that artist or label and that counts as your royalty. So I don't know what artist would have a problem with free advertisement.

Also in the case of the lady above from the link I posted. The music was coming off the TV and was just background noise on the video and they had a problem with that. That is a little ridiculous if you ask me.

So I disputed the claim by stating I consider it fair usage since I own the soundtrack, and that I made no representation that the music was my own. They put my video back up, but we'll see for how long.

I'm not sure how the artist is being "ripped off" by someone using it as music for a web video that does not generate profit. If anything, it gives the music greater exposure and increases the likelyhood that someone will actually want to buy it.

-dgm

Most bodys will grant you the rights as well . Ie my videos this year for my home haunt are using Midnight Syndicate music as the background.> I simply emailed and they got back to me and said no problem.. Just include this copyright info in the video.

Yeah, Midnight Syndicate is great about that. I remember reading on their website that they encourage folks to use it as long as they're given credit.

FWIW, I did edit my videos' descriptions to include "Music by Hans Zimmer." I have no problem giving credit where credit is due.

-dgm

Copyright is a constitutional protection. When you purchase a track, on a cd or download, you do not own it. You are actually purchasing a license to use the track for a private performance, only. Using it for non-profit purposes might be free exposure but the "owner" might not agree that it is exposure they want. I say "owner" because you also have to account for the "performers" and their rights. For example, a classical piece might be so old that it is considered "public domain" but if you are playing a version performed last year by the London Philharmonic, then they own that particular performance. They have rights that they may or may not choose to exercise. It's nothing personal when someone stumbles upon a track being used in a video. ASCAP and BMI are two organizations who artists pay to find unlicensed uses, and try to get paid for them. You really cannot argue that it's unfair when you consider all of the writers, composers, lyricists, performers, producers, mixers, distributors, etc. that should get paid for the work they do. If we enjoy a piece of art that someone created then we really should support them and pay for their work.