Discussion in 'Trumpet Discussion' started by xjb0906, Jan 28, 2012.

  1. xjb0906

    xjb0906 Piano User

    May 2, 2009
    Charlotte NC
    I have 3 of my National Anthem performances posted on youtube. There have been several times that someone claims copyright infringement. I go through the dispute process and the video gets reclassified as public that doesn't contain third party material. What could possibly be copyright protected in my videos? I play no special arrangement of the National Anthem. Youtube doesn't make it clear what is claimed as copyrighted. Hoping someone on TM knows a little about copyright protection.
  2. glorybe

    glorybe Piano User

    Jul 29, 2009
    Could one file a suit when a false copyright claim is made? I am waiting for a court to hand the Motion Picture council their head for accusing an inocent person or a person that can not be proven to be guilty of piracy.
    Always make certain that several people use your PC from time to time and leave your wireless connection wide open. And then look shocked and reply "You mean someone downloaded a movie.". Accusations can boomerang.
  3. patkins

    patkins Forte User

    Nov 22, 2010
    Tuscaloosa, AL.
    Actually, there are composers who copyright their arrangement on "public domain" songs. So if you play a good produced arragement from the past, the new copywrite may be violated; However, if you create your own version, like for example Jimi Hendrix did no one can claim infringement. This equates to doing your on improvisation. At least that is the way I practice any song. I play what I feel, instead what is written. You Tube may be afraid of being sued, so they will err on the side of caution, than to let things slide. Savvy?
    Last edited: Jan 29, 2012
  4. rowuk

    rowuk Moderator Staff Member

    Jun 18, 2006
    A completely new form of business has popped up in the last 10 years. There is SCUM all over the world looking for opportunities. Copyright, published terms of business, intellectual property and many other things are the targets. Sometimes it is only a threat in the hopes that people will blindly pay (internet scams), others fake identity theft to make what they do seem plausible.

    At the end of the day, we are technically guilty until we can PROVE our innocence.

    YouTube is not "afraid" of being sued. Their business model from the beginning was only to provide the technical framework. Content is determined by those that actually perform the upload. In Germany, many of the links published here at TM are not available for view because there is a claim that it violates intellectual property rights. The companies that I have seen the most "censorship" with are EMI, Warner and Sony. There can be others involved with music that I do not listen to. With a web proxy located in the US, we can view the stuff censored here.

    If you want less attention, don't title your upload "Star Spangled Banner". That creates an easy target for the Internet bots looking for trouble. A bit of creativity can go a long ways in a more pleasant ride through the evils of the internet!


    I think that the issue of intellectual property has broadsided modern society. Basically since copying became a technical possibility, schools and teachers have embraced this technology WITHOUT teaching that it is wrong to steal, even wronger not to give credit to the original sources. Every improvement in the copy technology actually created even more "stealing" and less giving credit. Of course teaching that the basic issue of stealing is wrong, belongs in the home. I can remember a lot of copies being part of my education and there was NEVER information about where it came from or who wrote it. If the school needs copies, credit to and permission FROM the authors MUST be part of the curriculae. I can hear teachers growning now about the additional work and can only say, Character Counts. Who gets upset when our lifes work is "borrowed" without credit? Who gets upset when someone else takes credit for our efforts?

    I think that there must be achievable standards set to make what this is and should be clear to everyone. It is really crappy when parades are cancelled because the intellectual property issues are not solved. In kindergardens in Germany, they are not even allowed to play childrens CDs and Cassettes without paying royalties. The idiocy is moving forward much more quickly that common sense. Common sense has no lobby in governments worldwide.

    A brief history of copy/steal possibilities available to most:

    Home tape recorders
    Mimeograph machines (remember the blue fingers.......)
    Xerox copiers
    Cassette recorders
    Video recorders
    Hand scanners for computers
    Document scanners
    CD/DVD recorders
    Digital recorders (video and music)
    Online textbook resources

    With modern internet technology, music, books, pictures can be spread around so fast that the owner has little opportunity to pick their audience. Plagiarism has become a big deal even when getting your doctorate. In Germany, several politicians have been targeted and have resigned. The amazing part of the story is that the universities gave Summa cum Laude titles. They obviously did not read or check sources - what were those degrees worth anyway?
    Last edited: Jan 29, 2012
  5. Ed Lee

    Ed Lee Utimate User

    Aug 16, 2009
    Jackson NC
    Recorded performance of recognized public domain music can be copyrighted, just as publication of the sheet music of it can be.

    I have at hand piano-voice sheet music of Franz Schubert's Ave Maria as was copyrighted in 1902 and then renewed in 1929 by G. Schirmer Inc. as was printed in the U.S.A. From such, I've transposed this song for my brass instruments and recorded it. Can I be sued for copyright infringement? The answer is NO, as I was on notice of the copyright being earlier than 1932 as applied to my song source. Too, I actually re-arranged it whereas it is no longer voice and piano music in my rendition. However, my CD label of it is now marked "Public Domain" and although I've given it FREE to others, I've sold none.
  6. turtlejimmy

    turtlejimmy Utimate User

    Jun 6, 2010

    This is exactly the kind of attitude that leads to unrestrained piracy. Try to keep in mind that someone is getting shafted (usually the writer). People that steal intellectual material HAVE NO RESPECT FOR WRITERS.

    Grow up people, and be responsible. Stealing is stealing.

  7. xjb0906

    xjb0906 Piano User

    May 2, 2009
    Charlotte NC
    I stole nothing. I don't think that you are implying that I did. I will say that I had monetized these videos. I have hopes of bringing in money anyway I can. I care little for profit other than to find ways to bring in money that will help study with better players. I so want to improve in order to get better gigs with more accomplished ensembles. I am tired of listening to amazing performances and wishing I was part of it. I will find a way to get there. The dispute process has run its course and once again the videos have been released as having no third party material. Now I am very hesitant to monetize the videos again. I think it is better that no one make money off of my videos than to constantly worry and fight over it.
  8. turtlejimmy

    turtlejimmy Utimate User

    Jun 6, 2010
    No, I wasn't referring to you. I have a friend who does this .... he's got something like 19,000 downloaded songs (that he stole) and counting. He's proud of his numbers but can't really get around to listening to them all. IF they should have cost him $1 a piece, that's not just petty, that's grand larceny. None of those writers got any royalties from him and he probably has helped to drive up the cost of recorded music. I don't approve of that, but since he's my friend, I'm not saying who he is (he's Canadian). China has spawned entire industries off of pirated materials. Like I said, stealing is stealing. :dontknow:

  9. gbdeamer

    gbdeamer Forte User

    Oct 16, 2008
    OK, you've added a detail that changes the conversation a bit.

    You were looking to profit from your YouTube videos, so you were essentially telling the world that the music you're performing is your own.

    You obviously didn't write the song you played, so I think there's a fine line there.
  10. xjb0906

    xjb0906 Piano User

    May 2, 2009
    Charlotte NC

    I didn't write the song. I also don't play an arrangement of it that is owned by any person. To my knowledge, the basic tune of The National Anthem is in the public domain.The company that claimed rights to my videos had nothing to do with the creation of the music that The National Anthem is set to. They know this. That is why after going through the dispute process it has been dropped. This happened several time before I monetized the videos. This was the first time that youtube named the company making the claims.

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