Notice for copyright infringement with my own song


#1

Hi guys

I just heard something very fat and I’m frankly stunned and out of place.
I saw that on my youtube channel I had a notice supposedly for infringement of copyrighted content.
When looking at it, I find that someone has used one of my tracks in the audiojungle market as a basis for a song with voice, has uploaded it in spotify as part of an album and now asks me to delete my own Song of my channel or that on the contrary will be put ads in the …
Does this work like this?

My track on Audiojungle is this:

My track on my Youtube channel:

Here you can hear the same with voice in the number 6 under the title “Farewell (Take My Wings)”

Frankly, I had never happened and I am very surprised since I am not sure if that is lawful and since I do not remember having sold big licenses regarding this track and if any of them allows to do all this.
Please, I would appreciate any clarifying help on this issue.
Many thanks


#2

Hello,

Unfortunately this is something that has happened before and is a real pain.

Audiojungle’s licensing model does not allow buyers to add vocals to a track and make a song out of it. This use is specifically prohibited in the licenses FAQ.

The buyer never had the right to publish such a song, so protect it with ContentID? Definitely a big no.

You need to contact support and let them know about it because it will affect your customers, as they won’t be able to clear the abusive claims.

Hope you get it sorted!


#3

Thank you very much for your response

The curious thing in this case is that the notification comes to me being the author, but this track if it is registered with id content (Adrev)
In that case, if this is not allowed? Who protects me in front of this action?
And what is the role of packaging market in all this?


#4

You buyer, Bryan O’DelL, registered “his” song with Adrev. AdRev doesn’t make the difference between the song and your track, and thinks Bryan is the author. So your video gets a claim. Worse, you customers will get a claim as well.

What your buyer has done is not allowed.

You should contact AdRev and tell them you’re the author of the track and that Bryan had no rights using ContentID. Ask them to remove the track from their system. You can send them a screencapture with the Audiojungle upload date as proof.

Envato has a responsibility and should assist you in sorting this mess. That one buyer violated the license terms and other buyers (they’re Envato’s customers as well) will be (or already are) impacted by this.


#5

Thank you again for your new response.
I have put in contact with envato and adrev, after impugning in youtube.
Waiting to see how this is resolved.
I wonder what happens to all this, and if I have no right to claim some kind of legal indemnity with this person who has been operating with my music, distributing it and selling it as if it were his.


#6

Just another option to consider here since it has only sold 8 times in almost a year… If you wanted, you could take it down from AJ and sell exclusive rights to him for $1,000 or $2,000 or whatever you price its worth (take it down once he agrees, signs a contract, and sends you the money). Depending on how much he loves the song, he might do it… Might save some headaches for you and him if you can come to an agreement. Just an idea.


#7

Wow, sometimes i am shocked of how impudent a person can be. Hope you will win this one!


#8

Hi guys
In case someone is interested to know more about the subject …
After contacting Adrev, I was informed that this person was not with them but with tunecore and that was where I had to make the claim of what happened.
I have contacted them but I still have not had an answer.
For their part of the packaging support I was notified that I should also claim on spotify using a specific form for it.
At the same time I have contacted “author” to inform you that I am aware of what happened, inviting you to reach some form of formal agreement.
I’m still waiting.
I do not know if there are any more steps I should or can do.
Thanks for the support


#9

Hi Realitybeats,
That’s really a nasty issue. I hope you’ll solve it soon.
Please keep this thread updated. I would like to know what to do if something like this happens to me in the future.
Thank you.


#10

Hi guys and thanks for the interest.
Today I received an email from spotify in which I was linked to the track in question so that I myself confirm and verify that it was the same.
On the part of Tunecore I have not received anything todabia and the challenge to YouTube I think it can take several days, maybe even a month …
The support team was the one who suggested that I fill out a claim form for the people of spotify but the truth, after telling me that “this was something very serious” I expected some more support and follow-up.
What they did was simply suggest me to search google “dmca spotify” to get to the supposed form.
Frankly, I’m pretty confused and disappointed.
Nor do I have much hope that the offender will contact me after I have updated it.

Many thanks to all for your support again.
Any contribution to know if I am in the right direction will be very grateful.
Good luck with the sales, my friends.


#11

Well, its normal at the beginning wait the response quickly but always it takes a time.
Dont give up.


#12

Last minute.
The artist just sent me an email.
He apologizes to me and he tells me that he is ready to reach an economic agreement to compensate for the damages he may have made.
He also talks as you will of an agreement with audiojungle that says to have misunderstood.
I transcribe the same, it says so.

Greetings Jordi,
" Thank you so much for your kindness and reaching out to me. My initial understanding of my contract with Audiojungle is that I would have 10,000 online streams, as part of my contract, if I utilized the music for personal recording. …
Upon receiving your message, I immediately contacted my distributor and requested that all advertisements on this product cease and I fully support you taking all the rights to the song… "

What is your opinion?

It seems that now the ball is back on my roof.
How can I operate at this time?
I need you more than ever
Thank you


#13

Sorry to hear about your trouble! You should mail this guy a link to the license agreement: https://audiojungle.net/licenses/terms/music_standard

and especially these paragraphs:

  1. You can modify or manipulate the Item, or combine the Item with other works, to suit your End Product. The resulting works based on the Item are subject to the terms of this license. You cannot claim ownership of the Item, whether it’s in original form or altered under this clause. You can do the things allowed in this clause as long as the end use is an Allowed Use under clause 2.
    Examples: you can edit, loop or stretch a music track to suit your project. You can’t create a remix of a music track and claim or register it as your own song. See clause 19 for more information about ownership rights in the Item.

  2. You can’t re-distribute the Item as a musical item, as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items (such as an audio compilation), and even if you modify the Item. You can’t re-distribute the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
    Examples: You can’t modify a music track and distribute it on a music CD. You can’t add lyrics over the top of a music track and sell it as your own song on iTunes. You can’t use a music track in your internet radio service.

Then I would have him remove the track from Spotify and other streaming services and remove it from Tunecore immediately so that none of your other customers get in trouble with their use of the track. It seems like he wants to make things right, but he can’t have read the license agreement…


#14

Punish them all !


#15

Hello everyone,
For the moment I’m still waiting for the artist to come back to me.
After our last conversation, for now I will give you a vote of confidence.
It seems that this person was not informed of any of the clauses that Hyperprod cites, although at this point if he is aware of his infraction and it seems that there is a willingness to fix it.
The truth is that all this has stirred my guts, among other things because this person speaks of a hypothetical reasonable economic reimbursement, so taking into account the circumstances, I would be of great help your opinion about which compensation would be the Correct if it should proceed.
Also if somehow it is possible to intuit in some way the performance that this person could have taken with the act of using my music and turning it into another new product.
I hope all this can end in some way with a happy ending.
I will keep you informed.
Thank you all