Video of my band removed!

S

SamyG

New Member
Hello everybody! This is my first post here, so I hope I'll have a good time in this community.

I found your site looking for information on the following issue.

My music band is participating in a contest in which we had to send a video of us playing and the production of the contest would upload all the participating videos to their account. The one with more likes wins.

Well, we were winning until someone reported our video claiming that he was the guy who filmed and edited it. Despite this might be true (the video we sent was given to us by a fan that went to our concert), we think this is unfair since we are the ones playing in the video, and the claim has nothing to do with the authory of the song.

What can we do so we can get our video up again?

More general question: if someone records me in my act, am I the copyright owner of that video? Why did youtube accept the claim and removed the video?

Thanks in advance!
 
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SamyG said:
Hello everybody! This is my first post here, so I hope I'll have a good time in this community.

I found your site looking for information on the following issue.

My music band is participating in a contest in which we had to send a video of us playing and the production of the contest would upload all the participating videos to their account. The one with more likes wins.

Well, we were winning until someone reported our video claiming that he was the guy who filmed and edited it. Despite this might be true (the video we sent was given to us by a fan that went to our concert), we think this is unfair since we are the ones playing in the video, and the claim has nothing to do with the authory of the song.

What can we do so we can get our video up again?

More general question: if someone records me in my act, am I the copyright owned of that video? Why did youtube accepted the claim and removed the video?

Thanks in advance!
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This is a tricky subject. As for your last question, somebody posted a video of me on Break.com that got like 186k views in one day. I contacted their copyright people and said "hey, wtf!?" Once I proved it was me in the video, they actually made an offer to buy licensing to that video and transferred the views to my account. So in a way, since I was the one being filmed, I was able to claim it. The person who originally filmed was technically the one who made the video (which was my buddy), but the content in the video is based on what is happening on screen and not the person filming it. The person who posted to Break was random and I have no idea who it was, so they obviously had no rights to the video at all. I think being the person on film trumps the person filming since they are the center of attention. It's kind of a gray area though... I'll be interested to see what others dig up on this topic
 
The copyright belongs to the person who recorded it, unless he specifically transferred those rights to you via an exclusive rights agreement, etc. then the copyright still belongs to him.
 
Gabriel said:
The copyright belongs to the person who recorded it, unless he specifically transferred those rights to you via an exclusive rights agreement, etc. then the copyright still belongs to him.
Click to expand...

Right, so how does it work if I go to watch a band live. For example, I go and watch Metallica. I decide to record their whole show, every single song.
When I get home, I edit all the video footage into single videos of each song they played.
Then I upload all the songs to YouTube and monetize them as if I am the copyright owner.

Seems legit.
 
Not quite.

The owner is the person who created the video HOWEVER it also contains third party content that cannot be monetised. If you had signed up for ContentID you could make a claim on the video...maybe there is a "report" button somewhere?
 
The best way to deal with anything like this is to communicate a lot and communicate well with all parties involved. Make sure the person who filmed it is happy to have the video shown on the internet. Usually something as simple as crediting them will be enough however don't just throw something online and say bla bla filmed this because maybe they think that particular recording is sub par for their standards and they don't want their name put to it. In this case, usually they won't want the content online at all and they have the right to have it removed as much as you do, having your content (music) included in the video BUT sometimes they may allow you to use it under the conditions that they are NOT credited in any way.
 
There is a big thing about copyright claims etc on youtube at the moment... its a damn shame that crap like this happens... but when money is involved you are always going to get it.
 
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