Help with copyright dispute

[Davin Kemp]

Hi everyone

We took a video of a RAF display for the Queens 90th birthday and have received 300k + views


However, EMI have put in a copyright claim on the video based on the music that the band played - Battle of Britain theme

Is this right?

 

[Crown]

Moved to the copyright / legal forum.

 

[TheReading]

Do you own the music you used in the video or at least have written permission to use the music used?

 

[Davin Kemp]

No I don't own the battle of Britain theme tune! But is the fact that it was playing in the background (and played by a brass band at that) mean that all copyright goes to EMI?

 

[AlexGotBeats]

No I don't own the battle of Britain theme tune! But is the fact that it was playing in the background (and played by a brass band at that) mean that all copyright goes to EMI?

Yes the copyright goes to the owner. If you still wanna keep the video up you could replace the audio with one of youtubes copyright free songs although it would seem weird but thats an option.

 

[Idec Sdawkminn]

It is most likely fair use if there is music played in the background that you had no control over that you weren't intentionally trying to record. I'd dispute the claim.

Also, as you can see even in this thread, you will receive a lot of incorrect information in this subforum. Please be selective about whom you listen to.

 

[markkaz]

License holders have a right to protect their work. That means they get to decide how their work is used and how it is monetized.

In the case of YouTube, at worst, they can issue a copyright strike and have the video removed. They can allow the video to stand and claim the ad revenue.

If they played a pre-recorded song that has registered copyright, yes, they can claim the video.

However, I get content ID claims on music that I purchased the rights to use. I always counter-claim. You can check to see if EMI actually has the rights to claim that song. (sorry, I can't help you flesh that out).