YouTube copy right advice please

steven000e · Jun 16, 2015

Hello,

Long story short I uploaded my first video in YouTube of my first few weeks with the inspire and I added a song I purchased in iTunes.

It got taken down because of copyright violation.

I thought maybe they though my video was not mine or the song was downloaded illegally. So I responded stating that everything was mine done and purchased by me.
Aperently you can't use music from iTunes in YouTube.
I received this email and I am not entirely sure what to do.
Any advice would be appreciated.

Hello
I oversee licensing for Kirbyko Music LLC, which represents the music catalogs of Kerry Muzzey and The Candlepark Stars.

Purchasing a song on iTunes does not grant you any right to affix that music to a video and put it on YouTube for public performance via web streaming. This is copyright infringement. Master recording and synchronization licenses are required for the use of music with video, whether that use is of a personal or commercial nature.

Because you have filed what is essentially a false counter-notification, we must now take the next legal steps to rectify this situation with YouTube.

Kirbyko Music LLC is amenable to issuing a retroactive license for this use with no financial or legal penalties attached, but we first require that you immediately withdraw your counter-notification, either through your User Area or by emailing [email protected]with a copy of your counter-notification (below) along with the message "I withdraw my counter-notification because my use of this music is unlicensed."

once you have completed that step, email me back and we can put something in place that will allow us to reinstate your video and remove this copyright strike.

Best regards,

Zach Griffin

Zach Griffin
Licensing Administrator
Kirbyko Music LLC

Outta Control · Jun 16, 2015

That is correct. Even though you legally purchased a "personal" copy of a song, the expectation is that you will not be using the song in a public performance. Yes youtube, vimeo, and other outlet that allows the public listening to the song can be construed as a public performance.

I would not worry about it too much as the likelihood to be sued is unlikely given that you do not abuse the "freebie" warning.

steven000e · Jun 16, 2015

Well I learned something today. Thank you for the response.

Just ignore it then or do what he is asking me to do?

FangsCPO · Jun 16, 2015

As a long time user of YouTube, you really need to read the area that talks about Copy Right Infringement. There are tons of Royalty Free Music sites out there that will allow you to use their music as long as you give them credit. These sites will tell you specifically how they want to receive credit. It can be in the "Description Block" of the video on YouTube and within the video, be it in the beginning or at the end. I prefer to give them credit at the end of my video and I also give them credit in the "Description Block".

https://www.youtube.com/yt/copyright/

Just go to the end of the video and see the credits page. I also add gave them credit in the "Description Block" of the video. Easy stuff. Good Luck!!

I use music from Triple Scoop, Purple Music and Bensound. Completely free as long as you give them proper credit.

Outta Control · Jun 16, 2015

steven000e said:
Well I learned something today. Thank you for the response.

Just ignore it then or do what he is asking me to do?

I would not ignore it just be cautious and educated.

damoncooper · Jun 16, 2015

steven000e said:
Well I learned something today. Thank you for the response.

Just ignore it then or do what he is asking me to do?

My recommendation would be to pull the video, strip or replace the audio track and repost. Then apologize and plead ignorance earnestly and with great enthusiasm for respecting the rights of copyright holders going forward..

Mazz · Jun 17, 2015

Yup, I have gone through similar when someone actually was reposting my videos. Doesn't matter how you got it or paid for it, it does not belong to you so you can not use it to make money. You should be able to use the song as long as you give them credit and allow adds on your video.
In a different situation, I have recorded concerts so the recoding swerve mine and those were also said to be not my property. After research I found they are correct. Take it down and change the music. Your issue is that you are allowed to make a mistake but you went one further and made a second mistake by claiming rights to someone's music.

Kilrah · Jun 17, 2015

steven000e said:
Just ignore it then or do what he is asking me to do?

You should do what he told you, remove your very wrong counter-notification (that can be pretty much considered as a blatant lie), then discuss with him about how much they would want for licensing the track for a non-commercial video like yours. You shouldn't be surprised if it's unpayable, in which case you don't really have a choice but to take the video down.

If you ignore it you'll be potentially liable for many times that amount if they go ahead and sue you.

steven000e · Jun 17, 2015

Thank you all.

World Media · Jun 20, 2015

Downloading the music just allows you a licence to listen to it. Not distribute it or include it in any derivative works ( in this case your video).
We experience the same thing from the other side when people take out videos and use them in commercials or music videos without our consent.

Method007 · Jun 26, 2015

Yea just follow the email instructions, they are being very nice to you and giving you an out.

contactinfo · Jul 25, 2017

Hi steven000e, had the same problem here. :/
Do you have Zach Griffin email contact please?
Thanks a lot!

steven000e said:
Hello,

Long story short I uploaded my first video in YouTube of my first few weeks with the inspire and I added a song I purchased in iTunes.

It got taken down because of copyright violation.

I thought maybe they though my video was not mine or the song was downloaded illegally. So I responded stating that everything was mine done and purchased by me.
Aperently you can't use music from iTunes in YouTube.
I received this email and I am not entirely sure what to do.
Any advice would be appreciated.

Hello
I oversee licensing for Kirbyko Music LLC, which represents the music catalogs of Kerry Muzzey and The Candlepark Stars.

Purchasing a song on iTunes does not grant you any right to affix that music to a video and put it on YouTube for public performance via web streaming. This is copyright infringement. Master recording and synchronization licenses are required for the use of music with video, whether that use is of a personal or commercial nature.

Because you have filed what is essentially a false counter-notification, we must now take the next legal steps to rectify this situation with YouTube.

Kirbyko Music LLC is amenable to issuing a retroactive license for this use with no financial or legal penalties attached, but we first require that you immediately withdraw your counter-notification, either through your User Area or by emailing [email protected]with a copy of your counter-notification (below) along with the message "I withdraw my counter-notification because my use of this music is unlicensed."

once you have completed that step, email me back and we can put something in place that will allow us to reinstate your video and remove this copyright strike.

Best regards,

Zach Griffin

Zach Griffin
Licensing Administrator
Kirbyko Music LLC

Rivers · Jul 25, 2017

As a photographer who has also had to deal with unauthorized use of my work by others, I think the response from Zack Griffin is pretty gracious. I definitely understand his position and the need to follow the legal process. If he didn't do that, he is weakening the ability of his company to protect all of its property rights. Follow the steps he's discussed and it should be fine, resolved on friendly terms. Who knows, maybe even pick up a new client. I know I have in situations similar to this.

I'm interested to hear how the OP handled this.