Copyright claim on a producerplanet SONG

Pic schrieb am 03.02.2022 um 10:48 Uhr

Hi all, I know scams on Youtube copyright claims have been going on for a while now, and I know it's not something easy to address. But I'm getting claims every time I use a song from producerplanet.com [ https://producerplanet.com/us/article/uptown-22103/ ]. Could MAGIX could do something about ? They are the obvious copyright holders on these untouched songs from their store.

Kommentare

emmrecs schrieb am 03.02.2022 um 11:13 Uhr

@Pic

These are user to user forums, not a contact for any Magix staff, sorry!

If you believe these copyright claims are invalid you should tell YT so, but, do you have the full Commercial Licence to allow you to use this song without restriction?

If you do hold either of the Commercial Licences then your usage should be covered by them; if not, then copyright claims against you are valid, sorry!

If you wish to contact Magix Customer Service about this please email infoservice@magix.net, though, as you suggest, I'm not sure whether they can do very much about spurious copyright claims being made.

HTH

Jeff
Forum Moderator

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Pic schrieb am 03.02.2022 um 11:28 Uhr

I do hold the full Commercial Licence. Funny thing is : MAGIX only provides us with an email summing up our purchase, which is not a fancy document. And YOUTUBE only provides us with a text field, no file attachment possibility, so I have to write down an http link to a screen capture of the MAGIX email…

And to further extend the "nothing is done to help us" point I'm trying to make : you say "If you believe these copyright claims are invalid you should tell YT so", but I already did and Youtube answered, quote "Sorry to hear about this – if you cleared the rights to use copyrighted material on your content, you might want to get in touch with the copyright owner and share their title & URL to avoid accidental claims".

According to Youtube, it's MAGIX's job to tell them "these are our songs, don't let anyone else pretend otherwise and claim them on our behalf". I get that it's almost impossible for "music using in parts or totally our soundpools", but here I'm talking about full, unedited songs. I believe it's MAGIX's job to auto-claim and check for true licenses ownership, not an obscur DJ trying to make money out of MAGIX products.

Because the problem with this swindle is: I dispute, I provide evidence, but the dispute doesn't go to Youtube, it's reviewed by the claimer itself. And with maximal bad faith, they say "hm, nah, I maintain my claim" to force you to appeal, and it leads to 2x 30days of delay. And until now, in the end they gave up, but I'm not even sure they will keep on doing that. It's the same pattern for each upload, every time.

emmrecs schrieb am 03.02.2022 um 12:16 Uhr

@Pic

Thank you for the additional information.

All this is really something you need to put in an email to Customer Service, as previously advised.

I understand and appreciate your frustration and annoyance but there is little that we, fellow-users, can do other than what I have suggested, sorry!

Perhaps one suggestion? Can you copy and paste the content of the confirmation of purchase email from Magix into the text field from YT?

Jeff

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Pic schrieb am 03.02.2022 um 12:35 Uhr

Yes I can, but I'm afraid this is less of a proof than a picture, as it's easier to forge / make out of nowhere. Anyway, I sense they don't care about the validity of the proof, since they maintain their claim as long as they can 😅 Thank you, fellow-users!

SP. schrieb am 03.02.2022 um 12:47 Uhr

@Pic Technically this has nothing to do with Magix. You just send YouTube all your purchase confirmations which show that you can use the audio royalty free. You can also cite the license agreement from Producerplanet.com It reads like you didn't do this and just sent a link instead of copy-pasting the text. It looks like Youtubes bots don't know how to handle this (I don't believe a human service agent looked at your copyright dispute). It's also a good idea to already put the licenses in the description out your song.

it leads to 2x 30days of delay. And until now, in the end they gave up, but I'm not even sure they will keep on doing that. It's the same pattern for each upload, every time.

It's not YouTubes fault but the content industry like music and movie publishers. They are paying YouTube and demand such a backwards thinking system. And YouTube does everything to please them.

Pic schrieb am 03.02.2022 um 13:02 Uhr

I believe it has to do with Magix. Someone says their songs are theirs, but they didn't even edited them, so I don't see how they can claim any copyright on them. With Magix not telling Youtube "this is ours", we all are in a loop where indeed, no human service agent will ever look at our disputes because it clearly says they are sent to the plaintiff.

I can't "send YouTube all your purchase confirmations which show that you can use the audio royalty free" as you suggest. There's no link for that, no field for that, they don't let you write to them, and on Twitter they say it's Magix that must intervene to explain how the plaintiff has no copyright on that particular song.

Thanks again for the Customer Service email.

SP. schrieb am 03.02.2022 um 13:21 Uhr

@Pic Okay, let's see what Magix customer service tells you. But I don't think that they care to fight copyright scammers. They wouldn't do anything else all day long because in the time you take down one ten new scammers will appear.

Sadly, if you use stock music in your videos you probably need to live with the fact, that it can take 60 days to remove false copyright claims.

browj2 schrieb am 03.02.2022 um 15:23 Uhr

@emmrecs

Hi Jeff,

A word about using Magix produced/supplied music, from the manual:

1. What constitutes non-commercial use? If songs are created with MAGIX MUSIC MAKER or if music is added to private videos, they can be shared with others on social networks (e.g. YouTube, Facebook, Soundcloud, Twitter or personal blogs/websites). The decisive factor in these cases is that no money is made or will be made from the song or video soundtrack. Examples of non-commercial use:

  • A user creates a song with MAGIX MUSIC MAKER and uploads it to their SoundCloud page or YouTube channel.
  • A user produces a song using MAGIX MUSIC MAKER, burns it to CD then sends it to their friends.

I know that this seems to fly in the face of other information from Magix, but it is in the 2022 manual.

So whether or not the user has non-commercial or commercial, so long as the video is not monetized, it should be ok.

The problem is with some people who take the music that is not theirs (they don't have the copyright), put it in a video, register it with some "company" that registers the ID on it for photos, videos and audio and then puts a copyright claim on anyone who uses this. There was a case on the Vegas forum recently about a video clip that was available under the Vegas agreement with a content provider where a user received a copyright claim. He contested and it was refused. This went back to Vegas and the content provider, but a second user just took the video clip, published it to YT, got the claim, contested it and put in a nice warning to the claimant. They removed the copyright claims. YT has a policy about unfounded copyright claims.

I have had copyright claims about music/loops that I have used and I indicate the source, the license, that this is available to hundreds if not thousands of users who purchase the song/music from Magix, that the claimant does not hold the copyright, cannot claim copyright, and probably does not even have the commercial license from Magix and probably does not even have the right to publish this on YT. So far, that has worked. The claims are either removed or expired after 30 days.

I would contest this. If unsuccessful, then a couple of us, if we have the same music, could upload it with an image to YT and contest the claims, along with the subtle threat that their account could be suspended by YT if they persist in illegally claiming copyright on material that is not theirs.

@SP.

Most content suppliers do not want to get into copyright disputes as there is probably nothing that they can do. Even Smartsound has a FAQ about the YT copyright claim problem and what to do in certain cases. Everyone should read this. There is no recourse with YT itself. It runs on AI which is really not intelligent; there are no humans there.

However, should the creator of the music actually be the one putting claims on the music because they, in fact, hold the copyright and refuse to release the claim, then Magix should be informed as they should not be selling this.

John CB

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Graham-Hawker schrieb am 03.02.2022 um 17:20 Uhr

My question is how are you using the song on Youtube? For instance presenting a video that happens to have one of these songs as a soundtrack (a video) or uploading the song which has some sort of video attached to it (a music track). I have no idea if this is important.

PATIENT-X schrieb am 03.02.2022 um 20:09 Uhr

@Pic

Hi

I had a recent copyright claim from a company that promotes unsigned artists who pay an annual fee to have their music promoted on iTunes etc.

The problem is that probably most of these unsigned artists and myself use the same samples which causes so much hassle.

I provided this third party company with link to Big Fish Audio samples which states purchased user can use samples freely for commercial use, third party company were satisfied, sorted.

Stephen

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Pic schrieb am 04.02.2022 um 11:13 Uhr

@Pic Hi

I had a recent copyright claim from a company that promotes unsigned artists who pay an annual fee to have their music promoted on iTunes etc.

The problem is that probably most of these unsigned artists and myself use the same samples which causes so much hassle.

I provided this third party company with link to Big Fish Audio samples which states purchased user can use samples freely for commercial use, third party company were satisfied, sorted.

Stephen

Forum Moderator

Hi Stephen, my issues here are :
- that third party company auto-reject the first dispute, and wait for me to appeal to bail. Every time. There's a pattern.
- I explain in my disputes / appeals that they shouldn't even claim anything, as the artist they work for doesn't hold any copyright on that song. I provide links to the MAGIX store and to the song. That third party company keeps on auto-flagging my videos, months after months (the song is the intro of a show, so it's on every Youtube upload…).

So you're talking about a third party company satisfied, and everything sorted. I'm afraid I'm talking about a bad faith business, which is why I'm now trying to get Magix or Youtube to do something.

johnebaker schrieb am 04.02.2022 um 11:33 Uhr

@Pic, @browj2

Hi

. . . .  The decisive factor in these cases is that no money is made or will be made from the song or video soundtrack. Examples of non-commercial use:

A user creates a song with MAGIX MUSIC MAKER and uploads it to their SoundCloud page or YouTube channel.

A user produces a song using MAGIX MUSIC MAKER, burns it to CD then sends it to their friends.

I know that this seems to fly in the face of other information from Magix, but it is in the 2022 manual. . . .

There is a Catch 22 situation with this - as I understand it Youtube, or any other similar provider, putting adverts into your videos constitutes monetisation, the creator does not get a penny (cent), it goes into YT's coffers.

John EB

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browj2 schrieb am 04.02.2022 um 14:06 Uhr

@johnebaker

Hi John EB,

Yes, YT is now putting adverts on everything, it seems. However, I go by what Magix has indicated. Furthermore, here is Magix' definition of Commercial Use:

"Commercial use refers to videos with soundtracks or songs created using MAGIX MUSIC MAKER for commercial purposes. Commercial use if if sales are made, if revenue is accrued through advertising (e.g. as a YouTube partner or through the process of monetizing) or if contracts are concluded. In this case the necessary licenses must be purchased

Examples of commercial use:

  • A user creates a song in MAGIX Music Maker and uploads it to their YouTube channel, which they've enabled for advertising (YouTube Partner Program).
  • A user produces a song in MAGIX Music Maker and makes it available for purchase from an online download shop (e.g. iTunes, Musicload).
  • A musician produces a song with MAGIX Music Maker for a CD Compilation, which is sold at concerts.
  • A user makes a video in which they advertise their company or one of their company's products."

Although YT putting adverts on everything is debatable, I think that Magix knows this and has decided that it will have to live with it. Most users who want to share their video will put it on YT, not monetized.

As a side note, there are 3 ways to publish on YT: Private, Unlisted, and Public. The first two do not put the video in the public domain. Also, you now get notification of a copyright claim before you publish, so that is the time to sort it out.

I put this information in this thread mainly in reply to Jeff's comment. Commercial or non-commercial license, one should be able to put this content on YT without getting a copyright claim.

However, the point is that whether or not you have a non-commercial or commercial license, someone has registered the object (audio, video, photo) in question in YT's Content ID for which they do not hold the copyright and is unjustly putting copyright claims on anyone else who uses that content.

All I can suggest to @Pic is the next time this happens with the same thing, advise the third party that has registered the content to unregister it as they are in violation of YT's policy, they do not own the copyright, their client does not own the copyright, and that continued complaints about unfounded copyright claims could lead to that third party's Content ID access being disabled and their partnership with YT terminated.

From YT's site:

"YouTube also sets explicit guidelines on how to use Content ID. We monitor Content ID use and disputes on an ongoing basis to make sure these guidelines are followed.

Content owners who repeatedly make erroneous claims can have their Content ID access disabled and their partnership with YouTube terminated."

I would imagine that this just needs a bunch of different users to dispute copyright claims on the same material.

@Pic

I listened to the song in question and I really would not use something like that for repeated use as you are doing, mainly due to the vocals. I would suggest creating something using the loops, avoid purchased vocals and get someone to sing something original to go with the music. Make it more yours.

John CB

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johnebaker schrieb am 04.02.2022 um 21:38 Uhr

@Pic, @browj2

Hi

In this particular instance the 'claimant' should be reported to YT for breaking their rules here and here - referring to the YT's own conditions on Contentid the relevant part is

. . . . Common examples of items that may not be exclusive to individuals include . . . music or video that was licensed, but without exclusivity . . . .

and the Magix Terms & Conditions here - § 9 COPYRIGHTS / RIGHTS OF USE - item 1.

John EB

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browj2 schrieb am 05.02.2022 um 16:27 Uhr

@johnebaker

Hi John EB,

That is the point; some YT posters (use third party companies to) put Content ID on content to which they do not have either the copyright or exclusive right to use and post on YT or anywhere else for that matter.

The hard part is reporting this to YT. There seems to be no way to do this other than multiple disputes of a copyright claim, hoping that YT will eventually notice. One should not have to do this.

John CB

John C.B.

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johnebaker schrieb am 05.02.2022 um 18:30 Uhr

@browj2

Hi John

I spent quite a while trying to find how to make a complaint/counter claim against another user who has acquired content id on non exclusive loops etc, and could not get anywhere.

John EB

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PATIENT-X schrieb am 08.02.2022 um 18:57 Uhr

@johnebaker

Hi John

What about sending email to copyright@youtube.com with said details and complaint from user concerned?

Or writing to the address below.

LLC, YouTube
901 Cherry Ave.
San Bruno, CA 94066
USA

Stephen

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MAGIX_Redaktion schrieb am 10.02.2022 um 10:51 Uhr

Hi all,

Thanks a lot for raising this topic. We have to find a solution for this and have already communicated the situation to the appropriate team.

@Pic: In the short term, please reach out to YouTube about this. If this doesn't help, please send an email to our customer service team via infoservice@magix.net. Our agents reach then out to our legal department to start further steps.

Best wishes,
MAGIX Team

Pic schrieb am 10.02.2022 um 11:27 Uhr

Hi all,

Thanks a lot for raising this topic. We have to find a solution for this and have already communicated the situation to the appropriate team.

@Pic: In the short term, please reach out to YouTube about this. If this doesn't help, please send an email to our customer service team via infoservice@magix.net. Our agents reach then out to our legal department to start further steps.

Best wishes,
MAGIX Team

Hi all, thanks for your answers, I'm glad this topic gets attention.

A followup on what I'm trying to achieve: it's hard to get someone to talk to, be it someone from Youtube or from the company that fills the Content ID Claims in the name of the music label (in this case: Believe Music). I tried Twitter because it's sort of public noise they have to look after.

Youtube first answered a generic "here is a link to our FAQ that explains how to dispute a claim". Then I replied and they said "we take abuse very seriously so reach back out if your dispute is unsuccessful". Problem is, until now, my disputes are always unsuccessful, but then my appeals are successful; it's just that I have to do that every time, and it can take up to 60 days to see the end of it. I'm stubborn, but others might renounce and let Believe monetize these vids for themselves. That second answer from Youtube leaves me with the personal feeling that Youtube might not want to go too deep in this, and would rather let me fight this every time.

Then Believe answered too, and asked me to fill a form called "video - legal issues" : https://www.believe.com/video-legal-issues /

I filled it three days ago, but it's just like when you want to appeal a dispute on Youtube: everything's done to discourage you. For example, there's a box to tick that says: "I state that the information in the claim is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed". There's also a mandatory field "claim reference number" which I simply don't have on my Youtube interface or emails.

So it seems that this form could be a way for MAGIX to reach out to them, but that still doesn't give you a proper interlocutor. I'm still waiting for an answer. And then there's the underlying issue: what if we solve this, but another DJ takes the song as is and asks another company to protect "their" work?

I could see why MAGIX themselves wouldn't want to become a Youtube Content ID Claimer that has to check if any vid uploaded on Youtube is from someone who has the appropriate license, everyday. So here's an idea: Youtube has a database of music they automatically check for copyright claims; can't they have a database of music that are "licensed, but without exclusivity", that MAGIX could fill in just once, so that abusive copyright claims are detected and overruled?