YouTube copyright claims (Update 2)
I’m a supporter of rights and terms of fair use, since that’s what keeps the business going and generates the money for the companies to continue to produce and develop the products you buy. Games, music, smartphones and other tech, as much will and passion they put into develop their products in the end of the day. They still need funding in order to deliverer the final product to you, the end user.
One of the practices that I don’t support is people and/or companies that try to make money of content that you produce and put your effort to.
To put things into perspective and explain you the reason of my rant against this weird claim policy that some companies like Nintendo like to do, specially on Let’s Plays and reviews of their own games on YouTube. My rant is not against Nintendo this time, since I don’t own any recent Nintendo platform at the time other than my old GameBoy and my Super Nintendo that is somewhere lost in my garage. Not that I agree with what they’re doing on YouTube.
But let’s get back to YouTube and the copyright claiming situation, I have a small YouTube channel where I have some tutorials, unboxings and other tech related content, and where I recently decided to upload some game plays of some of my favorite games. My plan is to do some game play stream via my Twitch channel and then edit the best bits and upload them to YouTube channel, so anyone can watch it latter if they wanted. I been running a few test on this workflow to get the best way of doing this and see if my broadband connection can also handle the stream without any hiccups. This was working well, until the bit when I actually uploaded my content to Youtube and received straight away several copyright claims because of the actual soundtrack present on the game play.
I made a research about the companies making the claim and if the claim would be valid or not in the particular videos made, and also looked into the game developer to make sure that I was not running into any kind of problems with the copyright or even if I actually would be able to monetize the videos without encountering any kind of barriers or without having the videos taken down for the same reason.
To save guys some time and work of going around the web searching for the unknown, here’s what I found so far, according to the Publisher, in this case Devolver Digital, since this was a game play of Hotline Miami, players are allowed to post and monetized content of their video games. The claims where made into different videos by two different entities. One called The Orchard Music and the other one INgrooves, what I found about this companies was they are well know for the false claim of music copyright in peoples videos and there is tons of complains in the way they act regarding this matter, so without thinking much and after seeing all of this I went straight to the videos and I disputed the claims based on the fact that if the Publisher allows this why are they claim the rights.
This is the tweet regarding the monetization of video posted by Publisher himself.
I also wrote an e-mail to The Orchard Music asking the why behind the situation and came across this blog post on their website, which as an email that we can contact directly regarding this kind of situations and also has a very extensive explanation on how to proceed in this cases.
This is the e-mail to use regarding disputes, for The Orchard: firstname.lastname@example.org
I’ll be waiting for the response on the dispute and the e-mail sent to The Orchard Music and see what this leads to. So I’ll keep posted about this situation and if any advances are made.
I got a really quick response to the to email sent to the The Orchard, which is not a bad sign and means that company has actually someone taking care of this kind of matters. Despite the fact that the response left me a bit confused regarding this issue of being allowed or not to upload and display the content mentioned above. But I do appreciate the fact that they did reply and took the time to look into it and tried to explaining me why they made the claim.
So if got into this kind of situation the best procedure is to send them an e-mail and they will be able to help you out and take the claim down in case the system had a made a false match or the claim doesn’t look to make sense.
Below is the e-mail reply I got from The Orchard team today:
We are claiming your videos due to the content being licensed to us for distribution by Shelby Cinca, on behalf of Swedish Colombia. If you believe that these labels not have the right to license this content for distribution, please respond to this message detailing how you acquired the rights to use their content in your video.
Please be advised that although Devolver may allow you to monetized their video images on YouTube, the rightsholders to the sound recordings used in the game have not granted you the right to monetize the sound recording
Therefore, in order to avoid a possible takedown and copyright strike being applied to your account, please do not appeal the claims we have placed on your video.
Below you will find more information on what YouTube’s copyright notice means, and how it affects your video.
The message you received from YouTube is an automatic notification that their Content Identification System has matched audio or visual content in your video to a track or music video that has been licensed to The Orchard or IODA. Note that we are not claiming to own the copyright, nor are we claiming that you have infringed on the copyright. When YouTube’s system identifies audio or visual content in a video, YouTube places links to iTunes, Amazon, and other digital stores below the video, along with other information about the song or the artist to improve the user experience and drive viewers to purchase the music. In certain cases, advertising revenue may be generated, which is then passed on to the record label and ultimately the artist depending on the agreement between the artist and the label. YouTube’s Copyright Center is a great resource for additional information about this process.
The Orchard Disputes Team
All of this still doesn’t make a lot of sense to me, but at least I got a response on why are they doing this.
Looks like this was not the end of it, today I noticed I got another claim on the same video.
“… your are no longer monetizing this video…” – I already wasn’t, but thanks for the tip.
I got back to the videos to actually see the status update and the new claim and which bit was about and I just got a surprise.
Beside the notice that my video was monetized by the claimant and if one Ad was not enough, I notice that my video is actually full of Ads. 5 Ads for a 15min video, That amazes me.
I’ll be removing the videos since I believe this a bit abusive, I don’t mind supporting the Developers / Publisher and the Music bands, by buy their products, but trying to make money out of my content this way I believe it’s a bit to much. But correct me if I’m wrong.
By the way I’ll be taking the videos down since this just a test stream upload and they were not intended to stay online, or for me to monetize them, but if you want to see them (If still online), you can see the playlist here.
Thanks for reading this big ass article, I know it’s a lot to read but I hope this helps someone in the same situation and gives them at least a few direction in how to proceed in this situation. Also if there is anything else that want to know about, let me know the comments down bellow.