Someone sang over my track and released it as their own on cdbaby

I am unclear as whether this is legal or not. Can anyone help me out here?

The way I found out was that I had a youtube video of my track Gunslinger https://www.youtube.com/watch?v=rp-VvYzMUUw, and then recieved an email from youtube telling me someone else had the rights and I might have to take it down. This is the other video https://www.youtube.com/watch?v=wSKqYp4gG6Q with singing published by cdbaby artist Tamanie.

Anyone know whats going on here? Is this legal? What should I do about it?

To begin, open a ticket support;

https://help.author.envato.com/hc/en-us/requests/new

But i would send an email to that person too.

Here is the cdbaby webpage, you can find there the facebook, twitter, etc.

https://store.cdbaby.com/Artist/Tamanie

There is a lot of people with the same problem, maybe they can help you better if someone see this.
Good luck about this. I hope you resolve it.

PS; BTW, Your track is really good. Congrats.

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Thanks, very helpful! I didn’t know aobut the ticket support…I guess I should by now.

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Yes you should follow @Manriquedelara’s advice. Although, you should open a ticket there instead: https://help.author.envato.com/hc/en-us/requests/new, as the one above is for Elements.

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Ups! Apologize me! I wrote “open ticket support envato” in google and copied the first. :zipper_mouth_face:

Edited and put yours. Thank you!!!

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Ah, thanks I will

Really good track. Tamanie’s a great singer too. I think you should collaborate :stuck_out_tongue:

I thought Royalty Free allowed for use as a backing track? E.g. when you see royalty free vocal acapellas, it would indicate they’ve been cleared for use on your projects.

Royalty-free simply means free of royalties, nothing more. What you can and can’t do with the music is detailed in the license terms.

Audiojungle’s terms do not allow such usage.

The main issue, is CDbaby registering the music with ContentID on behalf of this Tamanie person. As a results, every legitimate buyers of @simming, will get the same warning from Youtube, and potential strikes. This is a very bad situation.

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Right, exactly my thoughts

So if Tamanie wants to stick with her song, what are her options?

    1. Get simming’s permission for free or for a fee. But evenso AdRev will still say no go. Apparently YouTube will act independently of AdRev and also say no go. [Am l incorrect in these assumptions?]
    1. Delete her song from everywhere
    1. Pay a fine to simming

Which [combination] of these options is the way forward? I personally would want to allow people to expand on my tunes - for free or for a fee, but l sense AudioJungle, AdRev, & YouTube would refuse even if fully consensual.

I found that, number 10 pretty clearly says she can’t sing over a track and sell it.

Yup incorrect indeed.
AdRev does not say anything, they just feed Youtube’s ContentID system with fingerprints from their users’ music. It doesn’t seem like AdRev is involved in this case anyway. As for Youtube, they merely follow the rights holder instructions: “monetize” or “block”.
The issue here is that the supposed right holder is usurping their role in detriment to @simming actual rights.

Sure. But, Audiojungle is not the place for that. Audiojungle is a place where you can buy or sell production music to be used in an end product that’s greater in scope than the music itself (ie, a video). Audiojungle is not a collaborative artistic platform, where you can remix or jam or band up, to end up with artistic for listening purpose music. There are other places for that.

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simming’s track is great! It’s a shame that Tamanie ruined it with awful lyrics and average (being kind there I think) vocals.

These things aside though, Tamanie should be told in no uncertain terms that she can’t sell music of which someone else has the copyright without their knowledge in any circumstance, whether she bought a licence or not. This is the kind of stuff lawsuits are made of.

simming, perhaps you could make a deal and take a percentage of the sales from it. If it were me, I would be asking for a high percentage though, since most of the quality is in your backing track.

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I really don’t think there’s going to be enough sales to make it worth it.

Tamanie is on her 5th(!!) album. She may have caused plenty of other copyrights infringements. She needs to be told that’s not how things work and to stop. From the sound of it, she is most likely a hobbyist, but that doesn’t give her the right to infringe copyrights.

In any case, as a AJ author, @simming has the responsibility to protect their buyers right to use the music they have a license for. Doing so is impossible while someone else has registered the music in their name. This is the most urgent matter to solve.

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I disputed the copyright claim through youtube and send cdbaby an email describing the situation and just got an email back from youtube releasing the claim on the video.

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Glad that Youtube didn’t give you any trouble. But did they just released your claim, or did they remove it from ContentID altogether? If they didn’t, your buyers may still be affected.
I think it’d be good to also contact the singer directly, so that she knows what’s up, and not to do that again.

Not sure if they removed if from ContentID altogether. Still waiting to hear back from cdbaby. I was hoping they would deal with the artist themselves. If they don’t get back to me promptly I will send the artist an email. The video was actually automatically generated by youtube from cdbaby’s catalog I think so I don’t know if the artist is even aware the video exists. I am hoping cdbaby will deal with their artist but if they don’t I will have to as you suggest. Thanks for all the great advice!!!

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Thank you for your help.