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Copyright Infringement, Maybe Not!

By
Managing Real Estate Broker with Flexit Realty "Flexible Home Selling Solutions"

Copyright Infringement, Maybe not so fast!

We all have been well schooled on copyright issues and the proper use of photos and music.  Or have we?  The truth is not everything that appears to be copyright infringement is and somethings that look to be harmless are actually infringement.

Sound familiar?  It should, it's the old cliche', "things arn't always the way they look". 

In the case of YouTube, I have found them to be very proactive on copyright infringement.  Especially when music is involved.

I produce a fair number of custom videos for online use for clients outside of the real estate industry and as well as in.  I also produce videos for my listing that are custom.  What is a video without music?  Me personally I turn it off!  But it still is part of what is expected when a video is played even ever so softly in the background to support dialog that has been added to a video.

The music industry has fought had to claim every piece of music belongs to somebody.  They also want revenue justified or not, in my opinion.

Here's the rub, some music companies have rushed and published a list of copyrighted music.  Even if doesn't belong to them, so they can collect a royalty for use.  This is done via a nasty gram and/or other source with an option to pay a fee for continued use.  

Here is my disclaimer:  USER BEWARE!  

I subscribe (paid subscription) to over 10,000 songs which in turn are licensed to me for use.  I have had nearly every song challenged for copyright and released for continued use.  The songs the would not release I dropped and added a different tune in the background.  The subscription service also dropped the song from the playlist and gave me a credit for our mutual misfortune.

YouTube has a system for copyright protection.  You can dispute the claim, but remember my disclaimer above?  You better know you have rights to use the music or you could find yourself without a YouTube account.  Youtube copyright claim dismissed by music company distributor

I made a video for one of my listing.  The music used was disputed as a copyright infringement.  I used my rights under Youtube distribution to reject the dispute.  I shared why and included my subscription license and site I subscribe too as proof.  

You can see the result.  The distribution companies released the copyright claim.  The music was perfect for this video too, see for yourself.

Have a great holiday season.

Make sure to follow the copyright guidelines for photos, movies, videos and written matterials

Know your rights and how to defend them, if you are accused of copyright infringement.  

 

Show All Comments Sort:
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

great that you went to all of that trouble...YouTube is fanatical about protecting copyright laws - espceially on music. They once tried to suspend me and o proved to them that the music was from Radio 103.6 KIEV and there is no common law copyright protection there...Sheez, a lot of trouble over nothing

Feb 16, 2013 09:34 PM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Gary they give you a list of music to choose from was this one of the songs ? there are so many to chose ..So sorry you had theis problem .

HelpfulHannah

Feb 16, 2013 10:40 PM
Pat & Steve Pribisko
Keller Williams Greater Cleveland West - Westlake, OH

Gary, this is a good topic.  It's good that you pay a license for a site where you obtain your You Tube music.  People also need to beware of using photos and caricatures without paying a license for that use.

[I am not giving legal advice, only my own opinions.]

Feb 16, 2013 11:17 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team
Hi Gary, we agree. We have read the very act of creating a piece automatically makes it copywriter.
Feb 17, 2013 12:23 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

This is good information. Thanks.

Feb 17, 2013 01:02 AM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

I'm wondering who is monitoring and reviewing all the content in all the posts in the billions of posts sent worldwide daily? The policing of this issue seems overwhelming and almost impossible to contain, don't you agree?

Feb 17, 2013 02:17 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

When I used to be involved in our chamber of commerce, every community event that involved a band, also involved getting a bill from one or more of these music licensing companies.  I always suggested that we force these people to prove that they owned the copyright and had the right to collect from us for a song that we had already paid the band to sing, but the president of the chamber did not want to get into a dispute so we continually just wrote a check.

 

Feb 17, 2013 03:16 AM
Rob Renk
Center Street Lending - McKinney, TX
AE | Fast Fix/Flip Loans for Residential Investors

Intersting that you paid for a service to avoid the hassles of infringement and you still get tagged as a violator and have the hassles related to late.  How can you protect yourself?

Feb 17, 2013 03:37 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Paddy, J.D. Ph.D, it goes to show you nobody is a free from intervention even when copyright does not exist.  Several of the online providers have claimed all types of music as registered without actually owning the rights and sends out invoices.  They get paid by those not knowing their rights or the validity of the claim to avoid a hassle.  Thanks for your comments Dr.

Hi Hannah, I only use licensed music that I have paid for the rights.  I never use recorded music, or order vinyl copied.  I spend the dime and expect my legal rights to be uphelp.  If anyone has a problem it is going to be the company that sold me the right illegally.  Keep your receipts folks!

Hi Pat & Steve, I certainly am not a lawyer nor do I offer any legal advice but using anything that isn't your is considered stealing.  Photos have been well documented as an item you may find yourself getting a bill in the mail for using!  Thanks for the comments.

Hi Bob, most people have no clue how easy it is to document your publishing of an article of a slogan.  It may not be a punishable offense until the work is registered but you can certain seek legal advice and stop the offending party.  I have been publishing online for more than 11 years and have hard copies of most of my work back further.  It is a subject that affects us all.

Hi John, thanks for the comments.

Hi Kimo, just like Google uses bots, spiders the music industry, photo suppliers and copyrighter scanners all use bits of code, cookies and the trail their works.  Many people don't realize how all this works. Faint, obscure blog posts, low traffic websites should know someone is looking with search bots.  Thanks for your comments Kimo.

Hi Bob, I have to laugh, sorry but your were right, besides if you would have had your contract with the bands written correctly they would have been responsible for have the rights for any music they sing.  They are the ones making a business of providing entertainment.  You were an event promoter.  Thanks for your comments Bob.

Hi Rob, the way to protect yourself is paying for the rights of music, photos and making sure the company you are dealing with exist.  Some people have sadly found out that going to a website does not make the company valid or the fee you pay authorization.  Isn't that a kick in the pants!  Thanks for your comments Rob.


Feb 17, 2013 05:55 AM
EMILIA B COOPER, REALTOR® SFR.NCHSE.AHWD
LAROSA REALTY - Orlando, FL
Short Sales, Foreclosure & Bank Owned Real Estate

Gary, thank you for great information and excellent post!

Feb 17, 2013 08:24 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Emilia, we sometimes need reminders on issues, this is one where my reminder was first hand.  Thanks for the comments Emilia.

Feb 17, 2013 09:03 PM