Is copyright infringement playing a popular song on the piano ?

albpace

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I have a question concerning copyright infringement and "matched third party content".

I have made few videos of my 10 years old son playing piano some arrangements of popular songs.

For example see the video id watch?v=mBi78yRbQSk (I am a new user and I am not allowed to post youtube links directly) which pictures the song "Don't Cry for Me Argentina" from 1978. The melody is well known but clearly as the original song was not for the piano, this has been arranged.

I have "matched third party content" claim pending. Can I dispute this or playing this song is a copyright infringement ?

Can someone clarify this to me ? I am not a lawyer, sorry.

albpace.
 

urbanlamb

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who is disputing it ?
Playing the song is okay unless you want to make money off it but you can play the song. You can't sell it or whatever because someone else made the original melody.
they are just tagging to make money off it I would assume. If the video is not blocked then its for this purpose.

Youtube is gunshy cause they dont want to get sued anyhow maybe post a screenshot of the dispute or you can try google product forums for more help from google they can tell you what is up but take a screenshot. Technically the song is copyrighted yes but you can post the video someone is just trying to tag it to place ads on it hehe. Dont submit it for monetization though that is a nono :). The only songs you can place ads on yourself is music left in the public domain etc if you didnt write it and want something to play.
 
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VlogRays

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Yep what Urbanlamb said. You can't make money playing other people's music unless you have permission.
 
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In my opinion that falls under fair use since it's a cover and companies identify audio with content ID automatically, dispute the claim under fair use.
 

urbanlamb

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In my opinion that falls under fair use since it's a cover and companies identify audio with content ID automatically, dispute the claim under fair use.
tis not fair use dont give bad advice. Its not personal use , its not for reporting purposes and its not for educational purposes. Its a public video on youtube . Its so not fair use its mind boggling lol. To legally use cover music you have to actually ask permission from them and get a license at the clearing house for this is http://www.songclearance.com/ This person did not get that permission. On top of it they still can place ads on it and that is likely why they got tagged.

If you use a song like this you must pay for a license and sign an agreement to pay any royalties. The fact they are asking this question means that they didnt do this :)
 

albpace

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Many thanks for your quick and clear replies.

The problem is that I am often receiving the copyright infringement and "matched third party content" notification for music that is clearly in the public domain. For example, the performance watch?v=rZfsn5LkJ00 which is my son playing Frederic Chopin who died in 1849 is currently claimed by "One or more music publishing rights collecting societies", in particular "The Harry Fox Agency, Inc. (HFA)".

This has happened many times also for videos I have posted containing public domain music from Mozart, Beethoven and I had to dispute them one by one (I am currently disputing the clain on Frederic Chopin), and therefore I came to the conclusion that there are some companies which are trying to gain some money on the work of others pretending to own non-existing copyrights.

Therefore my question: how can I verify that "UMPG Publishing" who is putting advertisements on my videos is really the owner of the rights for the song "Don't cry for me Argentina" ? I am suspicious because "The Harry Fox Agency, Inc. (HFA)" is trying to put advertisements on my videos WITHOUT being owner of the rights for Chopin's songs !!

... and in the case of "Don't cry for me Argentina", the melody is significantly modified. How far should the modification go to pretend this is a different song from the one copyrighted 40 years ago, for which someone is trying to collect money ?

Any help, comments suggestions would be appreciated.

albpace.