YouTube Copyright Claims

General discussion about realMyst.

YouTube Copyright Claims

Postby Demarc » Sat Sep 20, 2014 2:17 pm

Hello - I don't know if this is the proper place to voice this issue, but here it goes anyway. I have a YouTube channel under the name Demarc and have done a full Let's Play of realMYST. They've been online for months at this point and just now all got hit by copyright claims from a company called "TuneCore" all for the music done by Robyn. I've disputed these claims but they re-disputed me putting me in a tricky position. If I stand my ground, redispute again, and they say "No" to all my requests, since YouTube has a 3 strike policy and I have 7 videos being questioned, I would immediately have my channel killed. I'm hoping that there's someone on here (Brothers Miller? Other Cyan developers?) that may be able to help sort out these claims. I'm also a backer of Obduction and would love to do an LP of it on release.

Thanks in advance for any assistance,
~Demarc
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Re: YouTube Copyright Claims

Postby Magic88889 » Sat Sep 20, 2014 10:16 pm

TuneCore principally offers musicians and other rights-holders the opportunity to place their music into online retailers such as iTunes, AmazonMP3, Google Play Music, Xbox Music, Rhapsody, eMusic, and others for sale.
-from Wikipedia

So it's entirely possible that Robyn used them to publish his music from Myst and Riven onto those platforms. I know it's at least on iTunes. However, I don't believe that they have ownership of the copyright to make that claim. Not that I know anything about copyright law.
Still, I thought Let's Play type videos were protected from this crap. Like movie reviewers are protected when they show clips from movies.

Maybe you could try tweeting Robyn about it, @tinselman since he is the ultimate rights holder. Remember Cyan doesn't actually hold the rights to the music.



Sorry I don't have any real answers for you. But I would seriously try contacting Robyn if you can.
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Re: YouTube Copyright Claims

Postby Magic88889 » Sat Sep 20, 2014 10:24 pm

Also from Wikipedia:
Legal issues

The copyright nature of "Let's Play" videos remains in question; while the developer and/or publisher of games typically possess the copyright and granted exclusive distribution rights on the media assets of the game, others cite fair use claims for these works as their nature is to provide commentary on the video game.[16] In one case, Nintendo claimed that they retain the copyright and have registered the content through YouTube's Content ID system such that they can generate ad revenue from user videos,[17] though Nintendo would later back off of such claims,[18] and later created its own affiliate program between themselves, Google, and proactive uploaders to split profits.[19] Smaller developers have been more open to allowing Let's Play videos. Ubisoft has stated that it allows its games to be used in Let's Play videos and allows for those making them to monetize from any ad revenue as long they stay within certain content-appropriateness guidelines.[20]

In early December 2013, a change in YouTube's ContentID policy caused many existing Let's Play and other video-game related material to be blocked.[21] In response, many developers and publishers issued statements and worked with YouTube to assure such videos were not meant to be blocked, helping those whose videos were affected, and encouraging users to continue to show these; these companies included Blizzard, Ubisoft, Capcom, Paradox Interactive,[22] and Valve.[23] YouTube later clarified that the change in the ContentID system that caused videos to be flagged was likely a result of new tools it made available for multi-channel networks, which can cover separate video and audio copyrights. At least two known music multi-channel networks, TuneCore and INDmusic, who represent many video game music composers and artists, had automatically enabled the copyright protection for all of its clients without seeking their input, and as such, many of the Let's Play videos as well as the game developers' own promotional videos were blocked due to these actions.[24] YouTube states they do not plan to change this system despite complaints from the original music composers





I've seen many YouTubers cite Fair Use for commentary to justify what they are doing. Usually is it listed in the description of the video, "images used under Fair Use" or something like that.
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Re: YouTube Copyright Claims

Postby Acorn1 » Sun Sep 21, 2014 12:08 am

I'm not saying that this is what's happening to you, Demarc, but sometimes people get hit by apparent spam copyright claims Here on the MOULa forums is a thread about what happened when Mysterium videos were posted up recently; if you read through the thread, you'll see how it was resolved:

http://mystonline.com/forums/viewtopic.php?f=5&t=27348
new MOULa: Acorn1; new Ki: 57213
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Re: YouTube Copyright Claims

Postby Tweek » Sun Sep 21, 2014 12:13 am

Demarc wrote:Hello - I don't know if this is the proper place to voice this issue, but here it goes anyway. I have a YouTube channel under the name Demarc and have done a full Let's Play of realMYST. They've been online for months at this point and just now all got hit by copyright claims from a company called "TuneCore" all for the music done by Robyn. I've disputed these claims but they re-disputed me putting me in a tricky position. If I stand my ground, redispute again, and they say "No" to all my requests, since YouTube has a 3 strike policy and I have 7 videos being questioned, I would immediately have my channel killed. I'm hoping that there's someone on here (Brothers Miller? Other Cyan developers?) that may be able to help sort out these claims. I'm also a backer of Obduction and would love to do an LP of it on release.

Thanks in advance for any assistance,
~Demarc


I'd email [email protected][dot]com tell them about your youtube video and what is going on with TuneCore. They may give you an FCAL of sorts (permission to use their stuff) seeming it's a fan endeavor. Pass on the email to TuneCore and there shouldn't be an issue. I'm not a lawyer but it is most likely the rights for the music reside with Cyan and not Robyn, given it is Cyan's game and Robyn made the music for the game.

This kind of thing happens a lot these days and have the time the companies are doing it without the input of those who actually hold the copyrights. Cyan are pretty cool about people doing fan stuff and have been for decades. Just shoot a note to Tony at the aforementioned email address and you should be ok.
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