help being IP trolled on YouTube

[SneakyPete]

Music related release forms. . Ideally these are prepared before any music content is used in a production.
US based musicians are Usually ASCAP or BMI as a primary PRO, RIAA is invite only(think above 500,000 sales)
It falls on you to find out which PRO is handling the royalties of the song you are wishing to use.

Using the song marry me as an example. WMG owns a share Bruno owns a share BMI owns a share. BMI collects the royalties generated by public performance. WMG and Bruno each have their respective rights of ownership and possible payment requirements. It gets even more complicated as we go deeper into the rabbits hole.

The key to who to send the release form to is the owner of the IRSC code. They are the ones who can give the yay or nay for fair use. I believe the database is searchable internally. I haven't tried yet.

You will still need to get a payment agreement from the royalty PRO and you will need to send a copy of that to the IRSC owner along with the release to show that you have paid the fee and that you are acting in good faith.

You dont want this to happen....
http://www.thedailybeast.com/articles/2014/03/27/bmi-reminds-ohio-bar-cover-songs-don-t-come-for-free

I can only offer you the information I have based on my end of the industry writing and composing. Everyone involved in the creation of the song is out for their piece of cheese.

For more information:

The American Society of Composers, Authors and Publishers (ASCAP)

Broadcast Music, Inc.

The Harry Fox Agency

SESAC, Inc.

https://www.bmi.com/creators/royalty_print

Trust me on that one I had EMG on my ass for getting a little too close to sweet dreams on my Roland. I scrapped the whole track rather than have the annie lennox mafia on me.

I seem to have the fee of 370 dollars in my head for a single song. You would fill out the paperwork as a cover band.

hope this helps

 

[DirectorGunner]

I got off the phone with an attorney focusing in entertainment law in LA with a well respected law firm. I've worked with him before and trust him, he's a really talented attorney.
Unfortunately I went ahead and retracted my appeal before I received his call so... no go for me changing that now easily.
So here's council I received from the attorney considering my situation
disclaimer: this may not be applicable to other situations and it's not legal council for anyone else, just for me. If you use this info, do check with an attorney first for your particular situation.

Concerning fair use with my particular case, I'll paraphrase as best I can.
#1 You can incorporate other work into your work if you created your work as a new work of art
#2 Dance and video have been established as forms of art
#3 You can monetize your new work of art (referring to my video, wow shocker right?!)
#4 Cases with similar situations he's had have gone both ways for outcomes, it can go either way with different judges.
And then HERE'S THE BLOODY KICKER!
#5 Laches (a type of statute of limitations) doctrine of limitation is only 3 BLOODY YEARS! this includes everyone who has interest on the IP
I was only a few months short of being able to legally and professionally say "F you WMG you missed your mark" to their claim on my video! FML....

Even with all this, and he said I do have a case, but is the risk worth the payoff?
Even if I were to monetize the video, I calculate the ad revenue would only equate to maybe $100 a month or so with current views.
And then the risk of having the video taken down and losing the view count, which for a ~7 min video having this many views is rare.
So then I made a good decision to retract my appeal as I made it. I should have filed under fair use anyway.. I mistakenly didn't.

To avoid this situation in the future I can:
A: Cover a song
B: Remix a song (in context of synthing and generated sounds)
C: Make a new song

So by the end of the conversation, I learned incredibly valuable info, but also found out that the best decision for me is to just let this one go for now.
There will be other battles to fight that the risk is worth the reward.

To everyone who contributed on this thread thank you!
And I hope this info is helpful and shows how valuable speaking with a real attorney, who practices in the exact area your issue is in, how valuable that information can be.

Also, @SneakyPete thank you so much for the detailed information!

Cheers!

 

[SneakyPete]

DG you are very welcome. Also consider Works of Parody or Satire. Considering that you are at Ground Zero for broken dreams. Maybe you can find a Musician/Songwriter who has run afoul of WMG. Remix the current work with a parody/jab at WMG and repost it on you tube. Just be glad that it wasn't MCA.

 

[AstroSam]

Hm, I really feel sorry for you @DirectorGunner - but posting this here, from my point of view, it has something positive, at least for the community: everyone who takes his/her time to read through this thread (except from the salt, wtf??) has learned new legal aspects about using copyright material in YT videos. So, thanks for sharing - and after all, imho you at least have earned (or are earning furtheron) lots of followers by this vid.
*whistles"alwayslookonthebrightside"* :wink::beers:

 

[NaffNaffBobFace]

Good to hear you've got to a resolution with this one.

To avoid this situation in the future I can:
A: Cover a song
B: Remix a song (in context of synthing and generated sounds)
C: Make a new song

Option D: If it has not happened already, make a protest song which can be used exclusively for Copyright IP infringement vids. Make it creative commons so you get credited every time it is used, and allow it to be attached to any video which has an IP strike. There will be enough steamed people out there who will choose to use the song and its *ahem* complimentary lyrics just out of spite to make it a popular song. Look at the guy who made a song bout United Airlines after they broke his guitar, it damn near made an already talented guy world famous overnight...

 

[NaffNaffBobFace]

Calm down kids, both of you. Don't make Uncle BobFace fetch his slipper. You've both said your piece and now you are starting to repeat yourselves.

Reaper: Enlightenment comes from knowing when to speak and when not to.

Burgundy: True knowledge comes from knowing that we know nothing.

You two want to argue with someone, argue with me.

 

[Han Burgundy]

you are a hard core drug user with shitty self esteem

Someone learned how to pull insults out of their ass from highschool girls....And my "personal attacks" referenced only what you submitted for review. I Don't remember putting up my last heroin needle count, but I DO have multiple examples of you being a pretentious cock-weasel. We shall see who has an easier time finding TESTies to man their bridge....(Hint: It isn't going to be your moto ass. You'd fit in REALLY well at ADI tho)


Also, I lied. Your name isn't that cool. You sound like a kid on the playground that tells everyone that his uncle is a Navy SEAL. Love you!

 

[Han Burgundy]

Burgundy: True knowledge comes from knowing that we know nothing.

Oh yeah?! Well I know less than you! I'm closer to nirvana! So come at me, bro!

 

[Xian-Luc Picard]

I got off the phone with an attorney focusing in entertainment law in LA with a well respected law firm. I've worked with him before and trust him, he's a really talented attorney.
Unfortunately I went ahead and retracted my appeal before I received his call so... no go for me changing that now easily.
So here's council I received from the attorney considering my situation
disclaimer: this may not be applicable to other situations and it's not legal council for anyone else, just for me. If you use this info, do check with an attorney first for your particular situation.

Concerning fair use with my particular case, I'll paraphrase as best I can.
#1 You can incorporate other work into your work if you created your work as a new work of art
#2 Dance and video have been established as forms of art
#3 You can monetize your new work of art (referring to my video, wow shocker right?!)
#4 Cases with similar situations he's had have gone both ways for outcomes, it can go either way with different judges.
And then HERE'S THE BLOODY KICKER!
#5 Laches (a type of statute of limitations) doctrine of limitation is only 3 BLOODY YEARS! this includes everyone who has interest on the IP
I was only a few months short of being able to legally and professionally say "F you WMG you missed your mark" to their claim on my video! FML....

Even with all this, and he said I do have a case, but is the risk worth the payoff?
Even if I were to monetize the video, I calculate the ad revenue would only equate to maybe $100 a month or so with current views.
And then the risk of having the video taken down and losing the view count, which for a ~7 min video having this many views is rare.
So then I made a good decision to retract my appeal as I made it. I should have filed under fair use anyway.. I mistakenly didn't.

To avoid this situation in the future I can:
A: Cover a song
B: Remix a song (in context of synthing and generated sounds)
C: Make a new song

So by the end of the conversation, I learned incredibly valuable info, but also found out that the best decision for me is to just let this one go for now.
There will be other battles to fight that the risk is worth the reward.

To everyone who contributed on this thread thank you!
And I hope this info is helpful and shows how valuable speaking with a real attorney, who practices in the exact area your issue is in, how valuable that information can be.

Also, @SneakyPete thank you so much for the detailed information!

Cheers!

This is pretty interesting! Thanks for sharing, considering that you probably paid for this information.

*I* think the video was awesome, and I am a little bit sad that you have to take it down. You should post your future work up here for the rest of us to enjoy... you are certainly a talented film maker.

 

[AstroSam]

Hear hear! *nodsvigorously*

 

[NaffNaffBobFace]

Oh yeah?! Well I know less than you! I'm closer to nirvana! So come at me, bro!

Oh yeah!?! Well I dropped out of High School AND I got a First Class Honours Degree scoring 76 on my dissertation at university. I am both Totally Shit and part of the Top 8% at the same time, so:

I look at both of you with a foot in both of your camps and can see this is less than pointless.

To begin with you had a point. To begin with he had a point. There is more than enough TEST here for us to all get along just fine, there are those who will explain things better in certain situations to certain people, there are those who will respond to things in different ways. Now neither of you have a point and you both lost that when you started with the personal comments. Look at the other posts in the thread and see how it progressed. DG and SneakyPete in particular. They moved on. You two didn't.

So don't either of you make me roll up my sleeves because I can waste your time all day long. I am the time waster. I am the asker of the unasked question. I am the Thread Hijack. I ask for clarification long after I have comprehended. I am the post edit long after it's been responded to. I am the troll bait that conceals a hook and keeps them wiggling on the line until they cannot see the point in even existing any more. I am the distraction and the scapegoat. I am the Dyslexic Pedant. I am the original post and the Necro-post. I am the touch of death having killed more threads with a single comment than you have posts. I am the deluded and the delusion. I am the TL;DR. I am the cliché and a regurgitation of post--post-modern culture. In my years online I have seen too many good forum members drift away because of something like this - you are both excellent people and I do not want to see anyone ragequit over this - When I was younger, I quit a forum over something similar to this, and I will not shy away from stepping in to a similar situation now to avoid the same. So and I am asking you both nicely: Please read the thread over apart from your and your opponents posts and see it has finished. So finish.

 

[AstroSam]

Since topic is closed, I appreciate the way it goes now. OFFTOPIC, brothers, gimme MOAR!

http://bestanimations.com/Careers/Entertainment/star-entertainmanet-fun-gifs-10.gif

 

[NaffNaffBobFace]

Since topic is closed, I appreciate the way it goes now. OFFTOPIC, brothers, gimme MOAR!

http://bestanimations.com/Careers/Entertainment/star-entertainmanet-fun-gifs-10.gif

Here is an offtopic for you: Did you know a single can of cola contains 18.9 million bubbles?

 

[Shadow Reaper]

. . .I do not want to see either of you ragequit over this. . .

This is less annoying than a mosquito bite, and I will not recall by tomorrow how Han was acting out. Today however, I recommend he brush his teeth with the strongest Hemorroid treatment he can find because, well, that really does form a funny image in my mind. Ragequit? I am laughing at this asshole. Why would I ragequit?

 

[NaffNaffBobFace]

This is less annoying than a mosquito bite, and I will not recall by tomorrow how Han was acting out. Today however, I recommend he brush his teeth with the strongest Hemorroid treatment he can find because, well, that really does form a funny image in my mind. Ragequit? I am laughing at this asshole. Why would I ragequit?

Please take no insult at the following, however I believe it is in terms you will appreciate:

To missquote a famous line that has been attributed to Lincoln and Twain amongst others:

"It is better to remain silent at the risk of being thought a douche, than to talk and remove all doubt of it."

I said both of you. Behave kiddies. There is an ignore list if required.

 

[StdDev]

 

[Han Burgundy]

This is less annoying than a mosquito bite, and I will not recall by tomorrow how Han was acting out. Today however, I recommend he brush his teeth with the strongest Hemorroid treatment he can find because, well, that really does form a funny image in my mind. Ragequit? I am laughing at this asshole. Why would I ragequit?

Aww I love you too, buddy! :grin:

 

[NaffNaffBobFace]

View attachment 6289

I have that effect on everyone :slight_smile:

 

[ThomSirveaux]

People with low self esteem are often rubbed the wrong way by those who are healthy. I would lay odds at 20:1 you are a hard core drug user with shitty self esteem, so you feel like you are being talked down to every time you see healthy self esteem in someone else. Make no mistake, when I am talking down to you it will be obvious. I will remind you that when I want shit from you I will squeeze your head, or something else I find entertaining. I have never talked down to you. If I had, I promise everyone would know it.

I'm not your therapist, but this is like 4 or 5 notes now, with you attacking me personally for having given the kid the straight scoop on why he should not invest himself in fighting over an IP he does not own. That's enough. If you don't stop I will have to call your mommy and she will take the bunny phone away from you for at least a week, maybe two.

Dude... chill. In fact, everyone in this thread should probably go outside (weather permitting) for a few hours, bask in the sunlight, experience nature, and just relax.

Since topic is closed, I appreciate the way it goes now. OFFTOPIC, brothers, gimme MOAR!

http://bestanimations.com/Careers/Entertainment/star-entertainmanet-fun-gifs-10.gif

You're not helping, Sam!!!!! :p

 

[Bruttle]

The Forum Troll Manifesto

I am the time waster.
I am the asker of the unasked question.
I am the Thread Hijack.
I am the asker of clarification long after I have comprehended.
I am the post edit long after it's been responded to.
I am the troll bait that conceals a hook and keeps them wiggling on the line until they cannot see the point in even existing any more.
I am the distraction and the scapegoat.
I am the Dyslexic Pedant.
I am the touch of death having killed more threads with a single comment than you have posts.
I am the deluded and the delusion.
I am the TL;DR.
I am the cliché and a regurgitation of post--post-modern culture.​

I took a few liberties with your quote. I couldn't help myself. I was truly inspired. Bravo sir... Bravo...