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Jonny Cates
Copyright question
on Apr 28, 2013 at 6:39:45 pm

I see conflicting opinions regarding the copyrights in using loops and jingles from soundtrack pro. I was under the impression the copyrights were all usable since they came with the program. I just got flagged for a loop I used on You Tube. Which is it?

Thanks....

Jonny Cates


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Neil Patience
Re: Copyright question
on Apr 28, 2013 at 11:58:57 pm

Hi Jonny

The licence agreement says

You may broadcast and/or distribute your own music compositions or audio projects that were created using the Audio Content, however, individual audio loops may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound effects or music beds."

Which I take to mean that you can use any of the audio content as long as they form part of your own composition. However you cannot take an isolated loop or effect (stand alone) and re-distribute it as your own work. In other words re-sell or even give away the individual "raw" loops or effects.

So you should be fine. Of course I am not a lawyer but thats how I interpret the license. It does seem odd that youtube flagged it as an infringement.

best wishes
Neil
http://www.patience.tv

8 Core MacPro, Kona 3, Tangent Wave, Mackie Universal Symphony 6.5 FCP7
i7 2.7 Gig MBP (non retina) 16Gigs Ram Blackmagic Monitor Mini Symphony 6.5 FCP7


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Jonny Cates
Re: Copyright question
on Apr 29, 2013 at 6:59:54 am

Thanks Neil....Well...I wonder why Apple puts loops and jingles in the program to begin with? Surly they're not put there for our own private enjoyment? Maybe so....but you can hear apple loops and jingles all the time in the commercial world. In their entirety as well. And my YouTube video is not even monetized.

I'm not against songs being protected or anything like that, but it seems this will never end. It's just like the person a few years ago that went out and copyrighted the tune; "Happy Birthday To You". He didn't even write that tune. The real author is unknown. Now restaurants and businesses can't sing that jingle to customers that come in on their birthdays. They sing some other goofy riff....with about the same lyrics. Crazy world.

Thanks again....

Jonny Cates


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Neil Patience
Re: Copyright question
on Apr 29, 2013 at 10:05:59 am

Hi Jonny

[Jonny Cates] "I wonder why Apple puts loops and jingles in the program to begin with? Surly they're not put there for our own private enjoyment? "

They are not purely for private enjoyment, as the license says you may broadcast and distribute the audio content. I think the only restriction is that you can't repackage individual stand alone content and sell or even freely distribute it as your own.

I totally agree with you that the copyright rules are in places crazy. I too agree that any creative work should be protected whether it be photographs, music painting whatever.

I would tend to think that YouTube have made an error in your case, I assume they use similar tech to Shazam where the waveform is compared to a database of known copyright music. I have used (mostly) the sound effects and a few of the drone style loops myself in broadcast programmes and the production have been happy that the content is cleared for broadcast. I have never had an issue with it myself. - Out of pure interest I might try just uploading a loop or jingle to YouTube and see what happens. Did they say who owned the copyright ? Apple presumably ?

best wishes
Neil
http://www.patience.tv

8 Core MacPro, Kona 3, Tangent Wave, Mackie Universal Symphony 6.5 FCP7
i7 2.7 Gig MBP (non retina) 16Gigs Ram Blackmagic Monitor Mini Symphony 6.5 FCP7


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Joseph Owens
Re: Copyright question
on Apr 29, 2013 at 6:13:12 pm

[Jonny Cates] " It's just like the person a few years ago that went out and copyrighted the tune; "Happy Birthday To You". He didn't even write that tune. The real author is unknown."

Not actually that mysterious.
Patty Smith Hill (sometimes connected to Susan Blow and other early childhood educators).

Happy Birthday to You, which she wrote with her sister, Mildred J. Hill, was intended as a classroom greeting. It was first published in 1893 as "Good Morning To All." The lyrics were amended in 1924 to include a stanza beginning "Happy Birthday to You.".

In 1988, Birch Tree Group, Ltd. sold the rights of Happy Birthday to You, along with all its other assets, to Warner Communications for an estimated $25 million. With Auld Lang Syne and For He's a Jolly Good Fellow, Happy Birthday to You is among the three most popular songs in the English language. The song is expected to enter public domain upon expiration of copyright in 2030.

My read on the re-publishing is that the use of commercially-sourced media comes with the proviso that it is part of an original composition created by the licensee, but is altered in some way so that it cannot be essentially offered for re-sale in its raw state, or accessed in that state by a third party. This is one of the rules around use of stock footage.

jPo

"I always pass on free advice -- its never of any use to me" Oscar Wilde.


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Joseph Owens
Re: Copyright question
on Apr 29, 2013 at 6:15:20 pm

Sorry -- the two middle paragraphs concerning Patty Smith Hill are from IMDB. Hope the SWAT team doesn't show up before I can issue the atrribution.

jPo

"I always pass on free advice -- its never of any use to me" Oscar Wilde.


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Mark Suszko
Re: Copyright question
on Apr 29, 2013 at 7:08:38 pm

YouTube probably over-reacted in this case because it detected a "clean", un-modified copy of the waveform. Two ways IMO to address this are: contact Youtube with a message a human will eventually read and rule on, or, modify the clip just slightly by adding a cymbal crash or drum fill or whatever suits you in there somewhere, and now the algorithm will probably pass it by.


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Jonny Cates
Re: Copyright question
on Apr 29, 2013 at 7:40:50 pm

Well, I certainly didn't research this subject thoroughly. But I originally heard all this from a restaurant owner himself, and took him at his word. But he does seem to be correct on it not being legal for his waiters and waitress's - not being able to sing the "Happy Birthday" song to it's patrons. I never hear it anymore.

If anyone is interested, I'll post the actual video I did. And it's the second half of the audio that was in question. I put (2) different segments together in the same Key.

Joseph, thanks for helping to clarify this as well.

Jonny Cates


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Jonny Cates
Re: Copyright question
on Apr 29, 2013 at 7:46:27 pm

Update:

I disputed the YouTube flagging of my video last night, and now I see that it has been removed. Anyone interested here's the link. It's short as well...
http://www.youtube.com/edit?video_id=FE4pMaxvz3A&ns=1

Jonny Cates


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