The "Late Spring Claim Runs" Have Begun Again!

[UKHypnotist]

First of all please...do not mistake this post as someone asking for help.

This is an illustration of a cyclical occurrence on YouTube, and with my channels, Content ID always gets it wrong. It would seem that in late Spring, Content Managers like Merlin, AdRev, CD Baby, and The Orchard, go on a CID run, targeting channel owners they think have no leg to stand on, but are blatant copyright violators. Their goal obviously, is to monetize the offending content for their artists.

I haven't yet checked all my channels, but this year's run is already in progress. So far only CD Baby has hit me; and as usual, it is they who don't have the leg to stand on. The first claim came in yesterday, literally accusing me of violating my own copyright (please see first attached image).

As I created both the tracks in question (indeed the ID'd track may be the base file for the track contained in the CID database), this is literally an accusation of me violating my own copyright which is a legal impossibility. See second attached photo to see how I went about the dispute. I need this money to go to my Adsense income stream, not the CD Baby stream which has yet to pay out even once.

This morning, something even more ludicrous happened. I got tagged by CD Baby again, on a different channel. This time the match was valid to a point; however the match was on an obvious Royalty Free Element contained in the software program Cakewalk Music Maker.

Look up the artist and track named in this dispute, then go and listen to my own mix-track and the difference will be quickly apparent.

Ah well, all I can do is check the rest of my channels and continue to dispute the claims as I know none of them will be valid. I create my own material, as a rule. The one exception is my very first channel where I used to upload NASA videos, which are Public Domain, but music contained in them could be claimed. I haven't uploaded to that channel in years now...moved on.

Addendum! Just found the third; CD Baby again, and this time the match is for a "song" that is on Shockwave Sound in its own right on my RF Artist page! I don't know whether to laugh or cry with frustration at this point..."matched" video below.

Now, the original from Shockwave Sound (audio only); I may have used the same base MIDI file set in this mix, but there are added elements in Aural Plane which are not contained in Evening Bell Dance. All midi files are my own creation through the Fractal Music software Aural Fractals.

Getting really tired of this; but all I can do is dispute each as I find it.

 

[UKHypnotist]

As expected, all claims have been released. There is still the matter of the music video in which it turns out, the Matthew Primous content in the CID database may have been ripped from my video to begin with. If it turns out that it was ripped from my video, this is a copyright violation against my created media, and I may well be owed royalties on the stolen material.

Discussion with CD Baby's Copyright and Legal Departments is ongoing in this matter.

 

[Shakycow]

Ouch. Best of luck and please keep us informed on the outcome- as well as any assistance you could lend to prepare/ defend ourselves.

 

[Uncivilized Elk]

If it turns out that it was ripped from my video, this is a copyright violation against my created media, and I may well be owed royalties on the stolen material.

Go get 'em!

I mean, hell, as far as I understand it, if you had the money you could simply sue them for merely claiming your content as their own as it is, but nobody has time or money for that. But that portion you bolded is far more serious and could actually be worth chasing!

Wish you luck.

 

[UKHypnotist]

Go get 'em!

I mean, hell, as far as I understand it, if you had the money you could simply sue them for merely claiming your content as their own as it is, but nobody has time or money for that. But that portion you bolded is far more serious and could actually be worth chasing!

Wish you luck.

Update:

I am in the process of filing a full DMCA Takedown against the CD Baby Artist Matthew Primous for the song "Nobody's Business".

Filing information quoted below may be used by YTTalk members as a template with my full permission, making alterations as needed to suit your own case.

"Filing Party: Jocelyn L. Jensen For Artist Name: Evil Female Hypnotist

Infringing Album Title: "The Latest" Infringing Artist: Matthew Primous

Infringing Song Title: "Nobody's Business"

Infringing Song URL: http://www.cdbaby.com/cd/matthewprimous (Album Track 12)

Infringed Song Title: The EFH's Hypno-Mixdown

Infringed Song URL:

Filing Party's Contact Information:

(removed for privacy)

Email of record with CD Baby: (removed for privacy)

I have a good faith belief that the backing track on the Matthew Primous song "Nobody's
Business" infringes copyright on the Evil Female Hypnotist instrumental track "The EFH's
Hypno-Mixdown". The backing track to "Nobody's Business" matches EXACTLY the first 8-20
(0:00-0:20) seconds of "The EFH's Hypno-Mixdown", plus sounds as though he recorded said
8-20 seconds and created a loop; played that loop over speakers, and sang into a
microphone while it was playing, allowing that mic to pick up both what was coming out of
the speakers and his voice.

All Information in this claim is correct and may be checked against the URLs I have
provided.

I state under penalty of perjury that I, Jocelyn Lynett Holland Jensen, am also known as
the artist The Evil Female Hypnotist, am the copyright owner of "The EFH's Hypno-Mixdown";
and therefore have the legal right to act on my own behalf in this matter."

I don't mind revealing my true name if the forum mods have no objection; I also was unaware that placing a YT URL would cause the video to embed: but now all can see (and hear) why I believe a full DMCA Takedown was necessary in this case.[DOUBLEPOST=1463429531,1463401713][/DOUBLEPOST]Takedown successful!

Now we wait to see if the person dares to counter-notice. Unlike most, I am quite prepared to file the permanent removal injunction and notify CD Baby's Copyright Agent of my filing, if necessary.

Update! More violations have been found, by the same artist (Matthew Primous) via Soundcloud, but on a completely different composition of mine. Video for this composition linked below, and now there have been found 12 separate violation instances: six for The EFH's Hypno-Mixdown, and six for Groovin' on Midnight which was composed for the music video Peaceful Waters.

I'm waiting for CD Baby to tell me just what its partner relationship with Soundcloud is; and if I will need to file a dozen more DMCA Takedown notices, which will be a royal pain if I have to do it.

Thank gods for copy/paste! (Hmmm! Perhaps I can do a group violation filing for each infringed song?)

 

[UKHypnotist]

Thread Update:

A DMCA Takedown Notice for 13 Matthew Primous songs was issued to Soundcloud late last week. The original counter-notice deadline was yesterday; no notice received. If CD Baby's partner sites still have the infringing material up in 24 hrs will go on a chase...to have those instances removed as well.

 

[UKHypnotist]

We're into Summer now; but it hasn't stopped.

And as usual as the Spring peters out, the claims made on the run get more and more tenuous and non-provable by the claimants. I'm thinking this may be the last claim to hit the main channel, but will both remain vigilant, and check the other channels when I wake up in the morning. I should have been in bed hours ago, but something told me to wait a bit...now I know what that "something" was!

The video being claimed against was uploaded nearly four years ago; first proof the claimant is in their "end game" for the season, and getting desperate through not being able to make claims stick and earn money for their member artists. Second proof: the media being claimed is as you will see by reading my dispute statement, non-exclusive RF video which by YT's own CID rules, shouldn't be in the CID database to begin with. I can also provide the digital equivalent of "hard copy" licensing evidence; so again, the claimant hasn't a leg to stand on.

Hopefully, one day these people will get a clue...