Copyright claim on classical music from a public domain site.

[Tortoiseshell Tech]

The second I published a video titled "Snowshoeing with the DJI Osmo in Ultra HD" (for some reason I can't post a link to it) I received a copyright claim from Adshare (publishing) for my use of Mozart's oboe concerto in c major. The thing is, I got the piece from Musopen.com, and it is listed as being in the public domain. What's more, they didn't claim the whole song, just from :17 to 3:35, which seems strange. My guess is that the copyright ID system mistook the music in my video for a different recording which is copyrighted, since one orchestral recording of a song sounds just about like any other. The problem is I can't find who recorded the song in my video and when, so I can't be 100% certain that Musopen is correct that the recording is open source. Should I contest the copyright claim (since I am very nearly certain that the music is in the public domain)? Should I just let things be and continue sharing revenue with Adshare? Or should I take the video down, find a different piece of music to go with it and never use classical music in a video again?

The way YouTube handles copyright enforcement is absolutely appalling. We are guilty until proven innocent, and are at the mercy of a thousand copyright trolls. I am flabbergasted that Google has not yet fixed this broken system that punishes so many creators and gives bullies and thieves free reign.

 

[UKHypnotist]

First of all, Adshare isn't sharing revenue with you, they are as of the moment of the claim taking every cent the video is making for themselves. I would contest the claim on the basis of the music being in the public domain, link to the actual page the piece is posted on at Musopen, and also link to Musopen's TOS and license if any.

Under no circumstances should you take a video down while a claim exists on it if you actually have the right to use it. First, taking down a video destroys any chance you have of disputing the claim, and secondly it makes you look guilty when you've done nothing wrong.

 

[Tarmack]

Not to be too much of an a**, but just because a composition is part of the public domain, doesn't mean that a performance of said composition is in the public domain.

If you want to do your own performance of Pachelbel Canon in D, you can do that. The composition of that song is in the public domain. However, by performing the song, you maintain the copyright over your performance of that song. So if someone wants to use your performance of it, they still need a license.

 

[Tortoiseshell Tech]

First of all, Adshare isn't sharing revenue with you, they are as of the moment of the claim taking every cent the video is making for themselves. I would contest the claim on the basis of the music being in the public domain, link to the actual page the piece is posted on at Musopen, and also link to Musopen's TOS and license if any.

Under no circumstances should you take a video down while a claim exists on it if you actually have the right to use it. First, taking down a video destroys any chance you have of disputing the claim, and secondly it makes you look guilty when you've done nothing wrong.

Here's what it says on the copyright page for the video:

"You're sharing revenue on this video.

Copyrighted content was found in your video.

You're monetizing this video and sharing revenue with the copyright owner."

Not to be too much of an a**, but just because a composition is part of the public domain, doesn't mean that a performance of said composition is in the public domain.

If you want to do your own performance of Pachelbel Canon in D, you can do that. The composition of that song is in the public domain. However, by performing the song, you maintain the copyright over your performance of that song. So if someone wants to use your performance of it, they still need a license.

Yeah, I realize that now. The problem is that Musopen only mentions that their music may or may not be copyrighted in the fine print. Apparently most of their recordings are indeed public domain, but due to the open source nature of the site it is possible that copyrighted works may be mixed in with public domain ones by mistake. One indication that it is public domain is that it comes from the European Archive, but I'm having trouble following that line of inquiry since the European Archive apparently changed names and websites, and their new sight is confusing to navigate.

It also appears that due to how similar orchestral performances are, YouTube content ID often mistakes public domain works for copyrighted ones. The fact that only a portion of the music has been ID'd that this is indeed just such a mistake.

So, my problem is that I am 90% sure that the music is public domain, but I hate to have even a 10% chance that I am wrong.

 

[Lightsen]

similar thing happened to me. I got a cover, converted it to midi, remade it with different instruments ( so awfuly bad but very different)and the content ID blocked it lol. I'm not bothered enough to contest it.

 

[offbeatbryce]

Here's what it says on the copyright page for the video:

"You're sharing revenue on this video.

Copyrighted content was found in your video.

You're monetizing this video and sharing revenue with the copyright owner."



Yeah, I realize that now. The problem is that Musopen only mentions that their music may or may not be copyrighted in the fine print. Apparently most of their recordings are indeed public domain, but due to the open source nature of the site it is possible that copyrighted works may be mixed in with public domain ones by mistake. One indication that it is public domain is that it comes from the European Archive, but I'm having trouble following that line of inquiry since the European Archive apparently changed names and websites, and their new sight is confusing to navigate.

It also appears that due to how similar orchestral performances are, YouTube content ID often mistakes public domain works for copyrighted ones. The fact that only a portion of the music has been ID'd that this is indeed just such a mistake.

So, my problem is that I am 90% sure that the music is public domain, but I hate to have even a 10% chance that I am wrong.

Why would you even use it when the site says "May or may not be copyrighted."? That's just opening yourself to a problem right away.