Copyright Claim

Carolly wrote on 7/27/2024, 4:29 PM

Hi everyone,

I recently published a video using the "Peaceful Garden" intro/outro on YouTube, which uses the song "Autumn" from Producer Planet, which you can hear here: https://producerplanet.com/us/article/autumn-29318/ I do have a royalty-free license for this content.

Once the video was published, a copyright claim was made against it by a company called "daredo GmbH" - when I went searching, I found that the song "Autumn" had just been posted to YouTube by them yesterday, under an artist called "Wes Cello".

What I want to know is, is this a legitimate copyright enforcer for Magix, or is someone else trying to claim ownership of this song (and others)?

The copy of Autumn on YouTube:

Comments

Carolly wrote on 7/27/2024, 4:37 PM

I looked into this a little more deeply and it looks like this might actually have been published by "Loudly GmbH" which claims to be an "AI music generator trained on samples"
 

Provided to YouTube by Daredo

Autumn · Wes Cello

Classical Hits Vol. 1

℗ Loudly

Released on: 2024-07-26

Composer: Wes Cello
Lyricist: Wes Cello
Music  Publisher: Loudly GmBH
 


 

CubeAce wrote on 7/27/2024, 5:15 PM

@Carolly

Hi and welcome to the user to user forums.

Which licence did you buy? Notice all are royalty free but not necessarily copyright free for which on these music tracks is needed for commercial use. A copyright claim in itself is not a problem unless you expect to make money from the upload. All it means is that that video will not be able to be monetized as any revenue generated will go directly to whoever gave out the copyright claim. If you wish to monetize the video then pay for the appropriate licence on the site in your link. Then provide YouTube with proof that you have a valid licence. On the other hand it often that copyright claims are just handed out from people who do not own the copyright themselves and are just chancing their luck and it may be something you can contest but that can be tricky and if found in the wrong can then lead to a strike against your account. The safest bet when looking for music is to either look for sites that offer commercial copyright and royalty free music such as here or use the YouTube free to use music library.

Ray.

Last changed by CubeAce on 7/27/2024, 5:18 PM, changed a total of 1 times.

 

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Schrodinger's Backup. "The condition of any backup is unknown until a restore is attempted."

Carolly wrote on 7/27/2024, 5:19 PM

@CubeAce Sorry I wasn't clear there; in my experience, "Royalty-Free" is generally what Magix/Producer Planet call their Commercial license, but I do own a commercial license.

I know how copyright claims (not strikes, claims,) work. All I want to know is if this company is a legit arm of Magix.

Thank you for your reply but it's not at all what I asked.

Carolly wrote on 7/27/2024, 5:21 PM

Just to be certain we're clear this time: https://producerplanet.com/pdf/royalty-free-commercial-license-en.pdf

CubeAce wrote on 7/27/2024, 5:53 PM

@Carolly

Hi.

In your first post you stated you had a royalty free licence and that is not the same at a copyright free licence which as in your link there are two other types of licence.

Producer Planet is a legitimate Magix site although they also sell third party party plugins so it is possible that some of the music there also comes from third parties.

For that information you would have to contact Magix themselves or Producer Planet for verification especially if the track was obtained using the subscription service as opposed to having a perpetual licence. The two versions have different contracts regarding the use of Producer Planet material as far as I'm aware but not sure about what the terms and conditions are for the subscription service. You can contact Magix at infoservice@magix.net

Ray.

 

 

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Running MMS 2024 Suite v 23.0.1.182 (UDP3) and VPX 14 - v20.0.3.180 (UDP3)

M Audio Axiom AIR Mini MIDI keyboard Ver 5.10.0.3507

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Rogers LS7 speakers run from Cambridge Audio P50 amplifier

Schrodinger's Backup. "The condition of any backup is unknown until a restore is attempted."

Carolly wrote on 7/27/2024, 5:55 PM

I think you're just not understanding me here, Ray. Thanks for trying, though. I appreciate the email address.

CubeAce wrote on 7/27/2024, 6:02 PM

@Carolly

Hi.

I was replying to your last post when you uploaded the link to the pdf.

I personally am not happy with clause 3 section 1.

 It is also not permitted to make the content available in such a
manner that enables third parties to acquire the content as such in the form of an electronic
file or copy, this includes in particular the provision in networks or other environments that
allow third parties to access the content. The customer shall take sufficient protective
measures (e.g. copy protection) to prevent this

I have no idea how you could prevent that if uploaded to a public domain website.

I really think you need clarification from Magix directly.

Ray.

 

Windows 10 Enterprise. Version 22H2 OS build 19045.5011

Direct X 12.1 latest hardware updates for Western Digital hard drives.

Asus ROG STRIX Z390-F Gaming motherboard Rev 1.xx with Supreme FX inboard audio using the S1220A code. Driver No 6.0.8960.1 Bios version 1401

Intel i9900K Coffee Lake 3.6 to 5.1GHz CPU with Intel UHD 630 Graphics .Driver version Graphics Driver 31.0.101.2130 for 7th-10th Gen Intel® with 64GB of 3200MHz Corsair DDR4 ram.

1000 watt EVGA modular power supply.

1 x 250GB Evo 970 NVMe: drive for C: drive backup 1 x 1TB Sabrent NVMe drive for Operating System / Programs only. 1X WD BLACK 1TB internal SATA 7,200rpm hard drives.1 for internal projects, 1 for Library clips/sounds/music/stills./backup of working projects. 1x500GB SSD current project only drive, 2x WD RED 2TB drives for latest footage storage. Total 21TB of 8 external WD drives for backup.

ASUS NVIDIA GeForce RTX 3060 12GB. nVidia Studio driver version 560.81 - 3584xCUDA cores Direct X 12.1. Memory interface 192bit Memory bandwidth 360.05GB/s 12GB of dedicated GDDR6 video memory, shared system memory 16307MB PCi Express x8 Gen3. Two Samsung 27" LED SA350 monitors with 5000000:1 contrast ratios at 60Hz.

Running MMS 2024 Suite v 23.0.1.182 (UDP3) and VPX 14 - v20.0.3.180 (UDP3)

M Audio Axiom AIR Mini MIDI keyboard Ver 5.10.0.3507

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Audio System 5 x matched bi-wired 150 watt Tannoy Reveal speakers plus one Tannoy 15" 250 watt sub with 5.1 class A amplifier. Tuned to room with Tannoy audio application.

Ram Acoustic Studio speakers amplified by NAD amplifier.

Rogers LS7 speakers run from Cambridge Audio P50 amplifier

Schrodinger's Backup. "The condition of any backup is unknown until a restore is attempted."

Carolly wrote on 7/27/2024, 6:06 PM

@Carolly

Hi.

I was replying to your last post when you uploaded the link to the pdf.

I personally am not happy with clause 3 section 1.

 It is also not permitted to make the content available in such a
manner that enables third parties to acquire the content as such in the form of an electronic
file or copy, this includes in particular the provision in networks or other environments that
allow third parties to access the content. The customer shall take sufficient protective
measures (e.g. copy protection) to prevent this

I have no idea how you could prevent that if uploaded to a public domain website.

I really think you need clarification from Magix directly.

Ray.

I've been over that one a few times, and I think it refers more to a direct file download; on strictest reading, yes, I see your concern and it's not invalid, but I also think that Magix wouldn't have any customers for very long if they actually went around suing customers of their licensed content simply for using it.

That said though, here is my actual question on this post, the only question I need answered, because I really do understand copyright law and licensing very well, having studied business law, admittedly many years ago:

Are "daredo GmBH" and/or Loudly GmBH legitimate enforcers of Magix copyright?

That's it. That's all I'm asking here. The single question I need anyone to answer.

Gid wrote on 7/27/2024, 6:19 PM

@Carolly Hi, I guess you'll have to ask Magix, we're just users like you.

I've got to be honest in my videos I avoid music like the plague. As Ray says royalty free vs copyright free music are different & it's a rabbit hole of red tape that I've tried looking into before, too much for my brain,

So genuine question because I am curious & Googling this wasn't 100% clear to me.

In your doc above do you understand - (What I mean is, if this is a commercial licence can you monetise it 🤷‍♂️)

3. Explicit limitations

(7) Use of the content for monetization via YouTube's Content ID program or similar programs

& did you or does it matter if -

(4) Removal of any indications of copyright, trademarks, right of use on or in connection with the content. The customer is obliged to reproduce these markings with every use

Like i say genuine question, I don't know but would like to

Last changed by Gid on 7/27/2024, 6:22 PM, changed a total of 1 times.

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YouTube videos - https://www.youtube.com/c/Gidjoiner

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Carolly wrote on 7/27/2024, 6:28 PM

@Carolly Hi, I guess you'll have to ask Magix, we're just users like you.

I've got to be honest in my videos I avoid music like the plague. As Ray says royalty free vs copyright free music are different & it's a rabbit hole of red tape that I've tried looking into before, too much for my brain,

So genuine question because I am curious & Googling this wasn't 100% clear to me.

In your doc above do you understand -

3. Explicit limitations

(7) Use of the content for monetization via YouTube's Content ID program or similar programs

& did you or does it matter if -

(4) Removal of any indications of copyright, trademarks, right of use on or in connection with the content. The customer is obliged to reproduce these markings with every use

Like i say genuine question, I don't know but would like to

This I admittedly could be wrong about, because the wording, as you say, is unclear, but: my reading of that is effectively that you cannot use their content to commit Content ID fraud - which is exactly what I'm worried someone is doing here.

In other words: you can't upload something containing the licensed content, assert copyright over it, and then use it to carry out content strikes against other people. Because when someone makes a copyright claim against your video, they assert their right to earn any revenue associated with it.

So for example: let's say I have my channel and I use this song as background music for a video. I can't then tell Content ID, "this is my song, and Gid over here used it too, and so I'm claiming Gid's ad revenue using a Content ID strike." That kind of behaviour is explicitly disallowed for two reasons; one, because it's not actually your song, it's Magix's, and two, because you, Gid, own an equally-valid license that I'm not authorized to enforce.

As for the "removal of indications of copyright" that doesn't apply to.... pretty much any of Magix's licensed content as far as I'm aware, but it's a fairly standard licensing term. Same as in the last section, really: it's saying you can't do something that asserts your ownership of content you've only licensed.

CubeAce wrote on 7/27/2024, 6:31 PM

@Carolly

Unfortunately as I introduced my first post, this is a user to user forum so there are no Magix staff present on the forums. Even the moderators are not Magix staff. None of us here have any more information on such matters as you could find yourself doing an internet search.

Having said that it is possible that daredo GmBH is looking after Magix interests on YouTube having looked at the site. We have no way of knowing. All I can say is from personal experience I have given up using any supplied content from Magix as it nearly has always ended up in a situation similar to your own.

You could contact YouTube with your copy of your licence and see if you could remove it but personally I would contact Magix first.

Ray.

 

Windows 10 Enterprise. Version 22H2 OS build 19045.5011

Direct X 12.1 latest hardware updates for Western Digital hard drives.

Asus ROG STRIX Z390-F Gaming motherboard Rev 1.xx with Supreme FX inboard audio using the S1220A code. Driver No 6.0.8960.1 Bios version 1401

Intel i9900K Coffee Lake 3.6 to 5.1GHz CPU with Intel UHD 630 Graphics .Driver version Graphics Driver 31.0.101.2130 for 7th-10th Gen Intel® with 64GB of 3200MHz Corsair DDR4 ram.

1000 watt EVGA modular power supply.

1 x 250GB Evo 970 NVMe: drive for C: drive backup 1 x 1TB Sabrent NVMe drive for Operating System / Programs only. 1X WD BLACK 1TB internal SATA 7,200rpm hard drives.1 for internal projects, 1 for Library clips/sounds/music/stills./backup of working projects. 1x500GB SSD current project only drive, 2x WD RED 2TB drives for latest footage storage. Total 21TB of 8 external WD drives for backup.

ASUS NVIDIA GeForce RTX 3060 12GB. nVidia Studio driver version 560.81 - 3584xCUDA cores Direct X 12.1. Memory interface 192bit Memory bandwidth 360.05GB/s 12GB of dedicated GDDR6 video memory, shared system memory 16307MB PCi Express x8 Gen3. Two Samsung 27" LED SA350 monitors with 5000000:1 contrast ratios at 60Hz.

Running MMS 2024 Suite v 23.0.1.182 (UDP3) and VPX 14 - v20.0.3.180 (UDP3)

M Audio Axiom AIR Mini MIDI keyboard Ver 5.10.0.3507

VXP 14, MMS 2024 Suite, Vegas Studio 16, Vegas Pro 18, Cubase 4. CS6, NX Studio, Mixcraft 9 Recording Studio. Mixcraft Pro 10 Studio.

Audio System 5 x matched bi-wired 150 watt Tannoy Reveal speakers plus one Tannoy 15" 250 watt sub with 5.1 class A amplifier. Tuned to room with Tannoy audio application.

Ram Acoustic Studio speakers amplified by NAD amplifier.

Rogers LS7 speakers run from Cambridge Audio P50 amplifier

Schrodinger's Backup. "The condition of any backup is unknown until a restore is attempted."

Carolly wrote on 7/27/2024, 6:33 PM

@Carolly

Unfortunately as I introduced my first post, this is a user to user forum so there are no Magix staff present on the forums. Even the moderators are not Magix staff. None of us here have any more information on such matters as you could find yourself doing an internet search.

Having said that it is possible that daredo GmBH is looking after Magix interests on YouTube having looked at the site. We have no way of knowing. All I can say is from personal experience I have given up using any supplied content from Magix as it nearly has always ended up in a situation similar to your own.

You could contact YouTube with your copy of your licence and see if you could remove it but personally I would contact Magix first.

Ray.

I appreciate that. I came to the forums largely because I couldn't find a contact method for Magix (after, admittedly, not an exhaustive search) and I am hugely pleased that you had an email address to offer me. I will absolutely reach out to them, thanks.

SP. wrote on 7/27/2024, 6:39 PM

@Carolly Yeah, contact Magix directly. Use the infoservice@magix.net address, like mentioned before.

Usually, the problem is the broken automated copyright system at YouTube. To my knowledge Magix and its subsidiaries don't claim music themselves. So, you need to dispute the claim at YouTube

Gid wrote on 7/27/2024, 6:58 PM

@Carolly 

Thanks, yep it's not 100% clear 🤷‍♂️,

I read this doc which sort of implies that monetisation is allowed 🤷‍♂️ - https://producerplanet.com/us/licenses/ (The infoservice@magix.net link is near the bottom of the list in that link)

A few examples of where a commercial license is required include:

The sale or streaming of songs that have been produced using a Soundpool

Videos that have been integrated into a website that generates revenue through the sale of goods or services

Embedding content in an "advertising-financed environment" such as when videos are uploaded to YouTube, SoundCloud or similar online platforms that are financed by advertising.

Best of luck with your enquiries.

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At the moment my filming is done with a Samsung Galaxy S23 Ultra 5G & a GoPro11

I've been a Joiner/Carpenter for 40yrs, apprentice trained time served, I don't have an apprentice of my own so to share my knowledge I put videos on YouTube.

YouTube videos - https://www.youtube.com/c/Gidjoiner

Lots of work photos on Facebook - https://www.facebook.com/gid.joiner/photos_albums

 

Carolly wrote on 7/27/2024, 7:01 PM

@Gid Thanks! Subscribed to your channel too, looks like you do some interesting stuff!

Gid wrote on 7/27/2024, 7:28 PM

@Carolly 😁 Thanks, I film my work & upload it when the work gets done, I do it to share my experience rather than be a vlogger if that makes sense. I've been poorly so because I only post my work I haven't had a lot to upload but there'll be more to come in the future. 👍

There's a few things about other's videos that annoy me a little, pointless intros & advertising or irrelevant chatter by the creator. For my type of video, woodworking, I don't want to listen to someone rambling on about 'stuff' & I don't want to be looking at him stood in front of the camera when I clicked on the video to see woodworking being done. (10min video = 30secs intro, 2-3mins of chat, 3-4 mins of work being done then some advertising of the supporting brand or just more irrelevant chat at the end 😒)

I make my videos roughly 20mins long, I struggle to fit all the content I want to into that time, there's no room for pointless chatter etc. They are no BS eyes on the job start to finish, no effects because educational videos need to be true to life. Also my shed is a working shed, it's full of dust & crap, I've been a joiner 40yrs so not an amateur in his sparkling garage trying to teach what they themselves prob learnt of YT.

I'm also slowly becoming a grumpy old B*stad 😁

Last changed by Gid on 7/27/2024, 7:32 PM, changed a total of 1 times.

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Graphics MSI GeForce RTX 3090 SUPRIM X 24GB OC GPU
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Fractal Design Define 7 XL Dark TG Case with 3 Fans
Dell SE3223Q 31.5 Inch 4K UHD (3840x2160) Monitor, 60Hz, & an Acer 24" monitor.

At the moment my filming is done with a Samsung Galaxy S23 Ultra 5G & a GoPro11

I've been a Joiner/Carpenter for 40yrs, apprentice trained time served, I don't have an apprentice of my own so to share my knowledge I put videos on YouTube.

YouTube videos - https://www.youtube.com/c/Gidjoiner

Lots of work photos on Facebook - https://www.facebook.com/gid.joiner/photos_albums

 

CubeAce wrote on 7/27/2024, 7:32 PM

@Carolly

Hi.

There should also be a way to contact Magix through your account where you registered your copy of Magix Movie Studio and in the Support section above.

There is also this Magix webpage that explains use of audio for commercial use.

Ray.

 

 

Windows 10 Enterprise. Version 22H2 OS build 19045.5011

Direct X 12.1 latest hardware updates for Western Digital hard drives.

Asus ROG STRIX Z390-F Gaming motherboard Rev 1.xx with Supreme FX inboard audio using the S1220A code. Driver No 6.0.8960.1 Bios version 1401

Intel i9900K Coffee Lake 3.6 to 5.1GHz CPU with Intel UHD 630 Graphics .Driver version Graphics Driver 31.0.101.2130 for 7th-10th Gen Intel® with 64GB of 3200MHz Corsair DDR4 ram.

1000 watt EVGA modular power supply.

1 x 250GB Evo 970 NVMe: drive for C: drive backup 1 x 1TB Sabrent NVMe drive for Operating System / Programs only. 1X WD BLACK 1TB internal SATA 7,200rpm hard drives.1 for internal projects, 1 for Library clips/sounds/music/stills./backup of working projects. 1x500GB SSD current project only drive, 2x WD RED 2TB drives for latest footage storage. Total 21TB of 8 external WD drives for backup.

ASUS NVIDIA GeForce RTX 3060 12GB. nVidia Studio driver version 560.81 - 3584xCUDA cores Direct X 12.1. Memory interface 192bit Memory bandwidth 360.05GB/s 12GB of dedicated GDDR6 video memory, shared system memory 16307MB PCi Express x8 Gen3. Two Samsung 27" LED SA350 monitors with 5000000:1 contrast ratios at 60Hz.

Running MMS 2024 Suite v 23.0.1.182 (UDP3) and VPX 14 - v20.0.3.180 (UDP3)

M Audio Axiom AIR Mini MIDI keyboard Ver 5.10.0.3507

VXP 14, MMS 2024 Suite, Vegas Studio 16, Vegas Pro 18, Cubase 4. CS6, NX Studio, Mixcraft 9 Recording Studio. Mixcraft Pro 10 Studio.

Audio System 5 x matched bi-wired 150 watt Tannoy Reveal speakers plus one Tannoy 15" 250 watt sub with 5.1 class A amplifier. Tuned to room with Tannoy audio application.

Ram Acoustic Studio speakers amplified by NAD amplifier.

Rogers LS7 speakers run from Cambridge Audio P50 amplifier

Schrodinger's Backup. "The condition of any backup is unknown until a restore is attempted."

Carolly wrote on 7/27/2024, 7:34 PM

@Gid Believe me, I get it; my own channel is based on sustainable agriculture/horticulture and right now I'm doing a series of videos on my new worm composter. And I, too, am becoming a grumpy old... well, something, haha!

Gid wrote on 7/27/2024, 7:54 PM

@Carolly 😂👍 Can you share you YT link? If you want you can you click your icon at the top of this page - My Profile & put this info in your Signature, it will then show at the bottom of your comments,👍


 

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RAM 256GB ( 8x Micron 32GB (1x 32GB) 2666MHz DDR4 RAM )
2x Western Digital Black SN850 2TB M.2-2280 SSD, 7000MB/s Read, 5100MB/s Write
(programs on one, project files on the other)
Graphics MSI GeForce RTX 3090 SUPRIM X 24GB OC GPU
ASUS ROG Thor 1200W Semi-Modular 80+ Platinum PSU 
Fractal Design Define 7 XL Dark TG Case with 3 Fans
Dell SE3223Q 31.5 Inch 4K UHD (3840x2160) Monitor, 60Hz, & an Acer 24" monitor.

At the moment my filming is done with a Samsung Galaxy S23 Ultra 5G & a GoPro11

I've been a Joiner/Carpenter for 40yrs, apprentice trained time served, I don't have an apprentice of my own so to share my knowledge I put videos on YouTube.

YouTube videos - https://www.youtube.com/c/Gidjoiner

Lots of work photos on Facebook - https://www.facebook.com/gid.joiner/photos_albums

 

Carolly wrote on 7/27/2024, 7:57 PM

@Carolly 😂👍 Can you share you YT link? If you want you can you click your icon at the top of this page - My Profile & put this info in your Signature, it will then show at the bottom of your comments,👍


 

Not the worst idea, but I don't know if I'll be posting here a whole lot! I'll definitely think about putting it in my signature once I've got more than a couple of videos.

In the meantime: https://youtube.com/@solarpunkhomesteader

Now, if I were Gid, Master of Joinery, I'd have built the bins myself, but alas.

johnebaker wrote on 7/28/2024, 2:53 AM

@Carolly

Hi

. . . . Are "daredo GmBH" . . . . legitimate enforcers of Magix copyright? . . . .

No. They are one of the many Media Distribution companies that 'distribute and offer copyright protection for media creators.

Loudly were/are part of the Magix conglomerate, and are located in the same building.

They, nor creators who use their service, have absolute copyright over any of the media you use from Magix/Producer Planet - you have a commercial licence to use these loops for any purpose as defined by the Terms & Conditions of the licence - Copyright is retained by Magix and does not give exclusive use to any one person or entity acting for that person. From the Commercial T&C here

. . . The provider grants the customer a nonexclusive, nontransferable right unrestricted in terms of location or time to the private and noncommercial use of the content. Furthermore, the provider grants the customer a nonexclusive, nontransferable right unrestricted in terms of location or time for the following commercial uses:. . .

and from the loops info:

. . . 100% Royalty Free. Unlimited rights for the useage of content in a commercial environment: i.e. CD oder DVD sales, in motion pictures, or through digital downloads and streaming services. Reselling content itself (either directly or indirectly) is prohibited. . . .

I would suggest that you inform Magix, by email to infoservice@magix.net, as you bought through ProducerPlanet.

If you wish, also email Loudly support@loudly.com about this claim.

Respond to daredo through YT and give them the link to the T&C, I linked to above, citing section 2 of the Terms and conditions for royalty free commercial license and tell them Magix, and Loudly, have been informed of the 'illegitimate' copyright claim.

John EB
Forum Moderator

Last changed by johnebaker on 7/28/2024, 3:57 AM, changed a total of 7 times.

VPX 16, Movie Studio 2025, and earlier versions 2015 and 2016, Music Maker Premium 2024.

PC - running Windows 11 23H2 Professional on Intel i7-8700K 3.2 GHz, 16GB RAM, RTX 2060 6GB 192-bit GDDR6, 1 x 1Tb Sabrent NVME SSD (OS and programs), 2 x 4TB (Data) internal HDD + 1TB internal SSD (Work disc), + 6 ext backup HDDs.

Laptop - Lenovo Legion 5i Phantom - running Windows 11 23H2 on Intel Core i7-10750H, 16GB DDR4-SDRAM, 512GB SSD, 43.9 cm screen Full HD 1920 x 1080, Intel UHD 630 iGPU and NVIDIA GeForce RTX 2060 (6GB GDDR6)

Sony FDR-AX53e Video camera, DJI Osmo Action 3 and Sony HDR-AS30V Sports cams.

Carolly wrote on 7/28/2024, 9:43 AM

@johnebaker Thank you, that is exactly what I needed to know!

Carolly wrote on 7/28/2024, 11:41 AM

For the record, I had to appeal one of their claims but I did get them to cut it the eff out once I made it clear I'm perfectly willing to assert my legal rights.

Gabriel-Habermann wrote on 7/29/2024, 11:40 AM

Got the same thing with that company. Even worse. The claimed the copyright for loops used by the "soundtrack maker" included in Video ProX...