Removed song and then claimed copy right infringement


#1

Hi everybody.

I have a problem. A couple of years ago I bought an extended licence of a tune and used in a project. The film has been published one time at youtube, The client recently got an email from youtube that the film has been removed due to copy right infringement. Logged in at Envato (Audiojungle) and the music has been removed by the user.

So how can this be solved? Can the author of the music just remove the music and then claim of violation of the copy right? That seems very odd and if that is the case it is really bad to use Envato to buy music!!!

Thanks for any help regarding this (and hope I explained the issue fairly accurate)
// Peter


#2

Unless the original upload was stolen on submission then your license to use the file remains even if the item is removed.

I’m not sure how you get round it as I am not familiar with YouTubes policies but if you contact envato support they may have more ideas


#3

Hey Peter,

Two possibilities:

  1. The author was not an actual author but a fraudster who had uploaded stolen music. Your license would then be void as the uploader did not have any rights to license to begin with.

  2. The music you bought was genuinely composed by the author, but is protected by AdRev (or similar service). If this is the case, your license allows you to clear the copyright claim in a couple of clicks, even if the track was removed from Audiojungle.

Unfortunately, if Youtube has removed the video altogether, it’s more likely the first case, as the second possibility would result in having ads running. You should contact support to work out some kind of compensation.


#4

Thanks for your reply. The customer contacted me and the video is “magically” on Youtube again, so they have lifted the ban. I contacted Audiojungle but don´t think they have done something since they didn´t even respond to my questions.

The customer is happy again but I feel that this is something to be aware of in the future and hope this doesn´t happen again.

(BTW, it´s really hard to contact Envato customer support)


#5

This is odd. Usually, videos that have been taken down don’t magically reappear.

I can confirm that this was not Envato’s doing. They don’t have the power to lift a copyright claim themselves, only the claimant (normally the author) can.

This is maybe a case of a false positive, or a fraudulent claim that was repelled later on. There’s definitely something weird about this case. It would help you understand better if you could get a copy of the copyright claim your customer received, so you can know who the claimant was and what the deal is.

(I agree with you on the difficulty to contact support by the way…)


#6

Sorry for the confusion. The song is still removed from Envato but the client informed me that the video on Youtube was up and running again. The video was removed from Youtube just before Christmas and the client got an email that it was due to copyright violation.

When I contacted the client again yesterday regarding this he said that it was up and running again and thought that I solved it for them :slight_smile:


#7

From a more broad perspective this could happen with any royalty free stock music market. It is just a risk you are willing to take if you end up using music that costs relatively little but because of the same reason has more “fuzzy” link / licencing system in place with middle management that doesn’t really give you insurance.

If you are not willing to take such a risk, only way to be more sure is to actually order the music from the composer himself and make sure you have all the necessary agreements and licences clearly defined beforehand.


#8

No confusion, this is what I had understood. It’s a good thing it was resolved but the mystery as to what actually happened remains. This is why I was advising you to get a copy of the mail Youtube sent to your customer, so you can see who the claimant was and if it’s something you need to worry about in the future, or if it’s fixed for good.

Also I agree with @Driving this is an issue that is not exclusive to Audiojungle but could indeed happen with all stock music marketplaces. I would add that it could happen with any type of music.