UPDATE: Please note, I will not mention any personal names in this update. I am writing this purely in order to share my experience with other AJ authors, in the hope that it might be of some use to you in the future.
So it looks like we’ve reached a stalemate in this situation. The user has pleaded ignorance about his knowledge of the Network broadcast and has now stopped replying to support’s E -Mails after several weeks of toing and froing. I have essentially been told by Envato that they can’t do much more also citing a possible fair usage policy with regards the broadcasting of the YouTube video. The TV show in question was showing a YouTube compilation show with comedy voice-over.
I have though, been in touch with the Network owners of the TV station…a Network with multi-billion dollar turnover I might add. So far I’ve received a standard automated reply directing my “query” to the relevant department but nothing else. I don’t expect to have much success going down this route.
It looks like, in this situation, I/we have no control really over the copyright of my/our own music. So if a YouTube user buys a standard license, and the video migrates to a nationally broadcast TV channel or other, it’s very difficult/impossible to prove if the original user was involved in any deal with the Networks in the hope that they will upgrade the original standard license to a broadcast license. It might just be that the Network has taken the video without their consent but then as far as support is concerned, that’s a legal problem between the user and Network. It also seems that if a TV channel shows YouTube clips (containing our music) in a compilation show, “fair usage” might come into effect.
So essentially, In this situation it looks like we are either:-
- powerless and have to accept that these things might happen
- totally dependent on the user’s honesty and/or conscience.
It’s a complex area and one that I just don’t want to get too deeply involved with legally. I have a “what’s the point” attitude at the moment.