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The Orchard Music Claims

Discussion in 'Copyright, Claims, Strikes & Legal Discussion' started by GamingHappens, Apr 28, 2014.

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  1. GamingHappens
    HEY LOOK! a distraction!
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    Decided to come to the copyright section to just see if any of you have dealt with this "Company" and had any luck.

    The situation is that The Orchard Music "company" is pretty much a big scam that latches on to videos that they don't even have the rights to in hopes to make money off of them. Now this is what happened on my let's play video in which I was playing Portal "developed by valve" and they claimed the very last song in it "still alive" which I disputed but they reinstated the claim. But I ask if anyone has had any luck with them because if you type in google "the orchard music youtube false claims" it is just full of threads with people that have gotten declined when they try to appeal their claims and are slapped with a strike on their account (some lost their accounts). So is it actually worth trying or finding a site to download my video and re-upload it?
     
  2. Shane
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    All claims are via assets which take a long time to setup and need alot of information.
    When something goes wrong, 99% of the time it's a YouTube issue not the asset the content claimer uploaded.
    Also disputes are checked manually.

    So I'm pretty sure in this case they do own the rights...

    As for many people having the same issue, when they are the 2-3rd biggest music rights management company on YouTube, there's bound to be complainers, they likely claim 10s of 1000s of videos monthly.
    --- Double Post Merged, Apr 28, 2014, Original Post Date: Apr 28, 2014 ---
    http://search.theorchard.com/releas...tories/portal-2-songs-test-collectors-edition
    There you go
     
  3. GamingHappens
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    I guess you didn't bother checking on any information on "The Orchard Music" or anything about the situation so let me help.

    Game "Portal & Portal 2": developed by valve
    Music "still alive": copyrighted under valve but composed by Jonathan Coulton.
    Can make money and lets plays from? - Yes. "www.valvesoftware.com/legal.htm‎"

    The Orchard Music: A false company that claims money from videos and music that they don't even own
    Information From: "http://fairusetube.org/youtube-copyfraud" and plenty of forums from google.

    Like GoDigital and X-Media, The Orchard is a content management company claims to manage digital distribution rights for a wide variety of artists and other content producers. Use of YouTube' Content ID system to monetize their clients' content is a primary part of their business. However, their procedures for verifying the copyright status of the content they submit to the Content ID system appear to be lacking, as there are numerous recorded cases of The Orchard or their clients claiming public domain content such as works by the US Federal Government (including NASA videos), royalty fee music loops included with iMovie, and other content they have no rights to. While The Orchard claims to respect Content ID disputes, many people have had difficulty getting them to release false claims, and it is fair to assume they and their clients are continuing to profit from numerous videos they and their clients have illegally claimed and monetized using Content ID.

    Documented cases of false claims by The Orchard:


    This is NOT a legit company. And from what ive seen, there is no way to appeal after they hit the reject button "which they do on close to EVERY video they claim" so i'm wondering if anyone has had any good results from taking action against them
    --- Double Post Merged, Apr 28, 2014, Original Post Date: Apr 28, 2014 ---
    Just because they post a link doesn't make it correct. Ipecac Recordings is not even the correct label, and plus it is not even the correct release date
     
    #3 GamingHappens, Apr 28, 2014
    Last edited: Apr 28, 2014
  4. Shane
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  5. GamingHappens
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    well i'm sorry that you are blind to the truth about this company but I guess that is not my issue. But if you actually spent time searching what I mentioned to put you would actually realize what they truly are.
     
  6. Tarmack
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    You have got to be joking... It would appear that your searching lacks a certain... set of facts.

    http://en.wikipedia.org/wiki/The_Orchard_(company)

    On March 5, 2012, Billboard reported that IODA and The Orchard were merging, with Sony Music Entertainment serving as a strategic investor in the combined entity.

    Depending on the license agreement, Valve very likely can't give you the rights to upload any versions of Still Alive if they've sold those rights to Sony. It is also possible that the song isn't owned by Valve but only licensed to them for the game, in which case you must follow a different set of bread crumbs. IODA and Orchard are how Sony protects a good portion of it's copyrighted audio.
     
  7. GamingHappens
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  8. Tarmack
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    Then you know they are a legitimate company in which a majority stake is owned by Sony. If you're familiar with IODA as well, you'll also know that this particular group is responsible for managing a huge amount of digital copyright licenses. If you are then familiar with those two things, it's a pretty short step from there to see how a song from a video game with a licensed soundtrack could in fact be distributed and managed by this group. You can find all of the anecdotal evidence that you like, but the fact of the matter is that when a huge company like this claims to own/manage a piece of content, it is only one of two possibilities. Either they do own/manage that content, or a mistake has been made. Neither of those two concepts falls under the terminology of illegitimate company or scam.

    If you genuinely believe that you have the rights to use that song, then you go through and fight it. Personally, I'm not sure you do have the rights to use it. Valve has given monetization permission, but without knowing what their license agreement for the song Still Alive looks like, we have no idea whether they're even permitted to give you music permission. This is especially true since I suspect strongly that Jonathan Coulton probably still owns the song and licensed it out to Sony for distribution. I doubt very strongly that Valve even owns it.
     
  9. AndrewProductionsTV
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    I came to this section on yttalk to ask this same question! they claimed like all of kevin macleoid. (incompetech), and I have a combined of 50,000 views on all my videos that have "The Orchard Music" claims. I submitted an appeal or whatever an I've heard nothing... some random company is STEALING my money. This is very illegal, this company needs to be reported for fraud!
     
    CGiff and PChanger like this.
  10. Shane
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    When you have videos containing copyrighted music and video descriptions that break the YouTube ToS I don't think you can really start talking about illegal :p

    By misleadingly tagging videos you are stealing advertiser's money.
     
    #10 Shane, Apr 29, 2014
    Last edited: Apr 29, 2014
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