Hi to all! I’ ve found a my item purchased with music standard license in a film, distribuited also on dvd… what can I do?
Demand some explanation from the production company.
Ask them to get the correct license. If they don’t, threaten to sue. If still no reaction, sue them. If they are a real company or entity, they are accountable.
All procedures for identifying violations should engage in “Envato” . For this they take a percentage of sales.
@Piano_B You have to report a violation to tech support.
They should indeed… but they don’t. All they are willing to do is ask once if the buyer agrees to get the correct license. Other than that, you’re on your own.
are you sure envato doesn’t protect the copyright of its authors?
There’s not much they can do as they’re not the copyright owner.
Happened to me a couple of times with some big advertising agencies broadcasting spots in primetime with tracks bought under a standard licence. I tried to solve the issue directly with the companies but they didn’t even answered my emails and I had no intention to get into a legal pursuit. I also contacted support and they wrote the costumers an email that had no reply either.
End of the story.
@Piano_B The buyer answered you? Did you contact him? Maybe he mistakenly bought the wrong license?
Happened to me twice.
First time support was able to convince buyer to upgrade their license. They still didn’t get the correct one, but I settled for this. Took about a month or two.
Second time, buyer told support they thought they had gotten the correct license. Support told me so. They didn’t even try to explain to buyer why they were mistaken. When I asked them to give the buyer a proper explanation and step up as the selling platform, they answered that the sale was between the author and the buyer, end of story, Envato was not involved at all somehow. So I demanded they gave me buyer’s email and contacted them. I explained what the “audience size” meant for broadcast license. Buyer told me he would talk to their legal department and would come back to me. After a month and no news I sent another email that was much tougher in tone. I threatened to sue. They bought the correct license right away, apologized for not getting back sooner, said they still thought they were in the right but appreciated I was defending my rights, and they even thanked me for my professional communication.
But, yes, it makes me wonder what the higher than anywhere fee actually does for us.
They could do much more than they do.
Mmmmh… neither is a lawyer working for the author. It’s more a question of what they want to do, and from the comments above it’s not much.
Sad, but this happens all the time:
Legally there is probably not much the author or Envato can realistically do. But it is possible to bring moral pressure to bear and that is definitely something Envato could help with. There is also the option of disabling a buyers account if there is reasonable evidence that they have misused track.
Yeah but in that case you’re bringing a case against the company or individual… the lawyer is just representing you.
Why though? Most countries have copyright laws. If a buyer did not get the correct license, then the license is void, and thus the music is used without having been properly licensed. This is a serious thing. Of course there is something you can do legally in such cases.
The thing is most authors on here simply do not have the resources to gain their cause. This is why Envato, as the selling platform should step in and be the warrantor of the licenses they drafted and imposed on us.
If a buyer has been contacted and told they didn’t get the proper license and yet they refuse to get the correct license, then of course their account should be disabled, as they don’t respect the terms and thus are breaking the law!!
The court is not a threat, it is a common everyday practice. And also protection, but not a threat.
When you don’t have the resources to actually sue, threats are all you got.
True, but this author has proof (as he says).
By resources I mean money to get a lawyer. Without a legal representation, proofs are worth nothing.