When Halloween on Envato is really a nightmare

Hi,

Last week I sold one of my track called Halloween. I logged on on the website to check the “statement” section and the new trending item.

I see this file who is also halloween related and who is trending and listen to it (removed – calling out items on the forums is not allowed)

After the intro, I’m just [removed by mod] angry. This guy sample the first 15 seconds of my track Halloween and has built a new one around it.
Let me repeat this : He SAMPLED my track. Not just the chord progression, the orchestration, instrumentation etc. He SAMPLED the first 15 seconds of my track, put it in a sequencer and built a new track around.
The thing is : all of my tracks have the audiojungle watermark so in order to sample it, the track must be bought !!!

Here is my track https://audiojungle.net/item/halloween/9080097

First thing I’ve done was to contact the Envato team. Not the guy in question, not posting on the forum. I figures that they would handle this with all the care in the world.

After a week, (and a new ticket opened) I receive this :

Hi Lenny,

Thank you for your patience.

Our quality team has examined the item and found that the similarities do not, in our opinion, amount to plagiarism.

Please refer to the following article for a better understanding of what we do and do not allow on AudioJungle as far as imitations are concerned:
https://help.market.envato.com/hc/en-us/articles/202821930-AudioJungle-and-Pastiche-Imitation-Tracks

Is that a joke ??? You can clearly hear that my tune was SAMPLED !

In the link provided in the mail, there is these lines :

Don’t imitate, replicate or copy all or part of a copyrighted composition or recording.

Don’t start with someone else’s copyrighted audio recording, then try to change it or modify its elements to create your own track. (There is no magic formula allowing you to ‘change something enough’ in order to avoid breaching copyright.)

So there you have it, steal or sample all you want, you won’t get any trouble here. Is it how it works on Envato now ?

1 Like

Hi @LennyStudio I listened to both tracks here. I think they are not very similar. If it were a note in a note, a chord in a chord, etc. , then plagiarism would be on the face. Do not be discouraged actually there are many similar tracks, but not all of them are plagiarized. Look for inspiration, good luck!

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Are you positive your track was sampled in theirs? To be honest I don’t hear it. I definitely hear strong similarities in the motif and chord progression, but I don’t hear samples of your track.

After consideration and listening to the tracks I also agree that they are not related

@CleanMagicAudio @PurpleFogSound @creativeGagency

I think you need to practice some ear training!

I completely agree with @LennyStudio - it is sampled!

Just drag the original into any DAW and change the speed from 130 to 145 (with pitch shifting). That is what the “author” (thief) has done, and of course added other instruments and processing. The sound is more saturated/brighter.

Envato should also practice some ear training. Remove the second track, the author, AND HIS/HER MONEY. It DEFINITELY is stealing. You can be sure that if they’ve done it on one track, the rest of the portfolio is partly stolen too.

@LennyStudio - maybe do an audio comparison for proof? In Logic, if you speed up your track from 130 to 145 the sound is identical.

No wonder thieves keep stealing when Envato can’t even recognize sampling when pointed out! These things will always happen, but what is sad is that Envato don’t take it seriously… I had many tracks stolen, pitch shifted and uploaded - not even sampled into new tracks - just the entire tracks. They were removed, but did I get the several hundred dollars in sales from them? Nope.


Since the link to the illegal track is removed, just search for “Halloween” and you will find it quickly. Of course, even the author name is a “creative” copy of another successful author.

Time to add author ID verification to at least stop SOME of these (hundreds) of so called composers selling stolen assets. Just like with any job in the world.

7 Likes

Thanks for the lesson @Flumen

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Hi LennyStudio,

You wrote: "The thing is : all of my tracks have the audiojungle watermark so in order to sample it, the track must be bought !!!"
But actually any sound engineer with basic knowledge can remove this watermark in 2 seconds.

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@LennyStudio For me it sounds like the same sample, but someone should check it in DAW for sure.

If it’s really sampled, you should write to Envato again. I suppose that AJ typical plagiarism “test” procedure do not included checking samples in terms of time and pitch shifting. So you should emphasize that he has stolen your sample and manipulated it - and they should block this track for sure (of course if it’s true). Keep in mind that it’s not only plagiarism! It’s also stealing!

If you want to make it fast - send them slowed down version of that guy or stretched version of your track to make a comparison. I would also recommend sending them as soon as possible DMCA in pdf. It’s the Halloween biggest sales time and if it’s plagiarism/stealing it should be blocked quickly.

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I did. See the post above.

He owes you $465 (at the time of writing, 1 more sale just since my last post) @LennyStudio.

They really need to shut it down before payment goes out. And what will happen to the money? In my case, the UNPAID earnings were taken by Envato. Great for them, 100% of stolen track earnings. Not given to me. Not the way to go. You can do better.

4 Likes

I just imported both tracks into Cubase, Set the tempo to 130, time stretched both files to 130, matched each file to the bar and well what do you know - manipulation of digital audio is a beautiful thing. Also tested at 145 BPM.

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It’s hard to prove plagiarism. But when it comes to stealing samples it’s obvious.

  • I would aks Envato if they can transfer those money to you
  • If it’s impossible I would ask author for this. And I would frighten him that I will sue him using PRO, police or other institutions.
  • If this would not work, I would sue him.

Make documentation. Print screens, mp3, copy of this forum thread, mails, etc. Rembember that this case is very obious and you have the proof of crime.

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…and of course the “author’s” profile image is also stolen artwork by Thomas Barbéy.

Shut this guy down. And add another $7.50 for you @LennyStudio.

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I’m not hearing it, so I agree with Envato’s decision. BUT… based on what people are saying here about changing the speed etc, maybe you should get back to customer service with more supporting evidence, so they can hear what you’re hearing.

Do you have a DAW? Do you have much experience as a composer/producer? Have you changed the speed from 130 to 145 (or vice versa)? If not, then do so before agreeing with anyone.

Sampled or not, the plagiarism is pretty blatant.

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I said I’m agreeing with customer support who most definitely won’t have a DAW plugin on their CRM software.

My point was that I agree with them because they don’t have DAW software and experience as a composer… so they’re in the same boat as me. That’s why I added the second one part of my post.

That must be some really great team, making decisions about copyright infringement without tools to investigate. Just as clever as hiring third graders to investigate patent infringements for “insert tech company”.

If the quality team (not customer support, you need to read the posts) doesn’t have access to a DAW, or any other type of software that allows speeding up and down, then something is seriously wrong.

Anyway, a set of musical ears should be enough in this case. Surely, a quality team handling audio issues should have a pretty good set.

It took me around 1 minute to find the track (without the link), download both previews, line them up in Logic with the same speed, and hear what had been done.

Absolutely.

That must be some really great team, making decisions about copyright infringement without tools to investigate. Just as clever as hiring third graders to investigate patent infringements for “insert tech company”.
If the quality team (not customer support, you need to read the posts) doesn’t have access to a DAW, or any other type of software that allows speeding up and down, then something is seriously wrong.
Anyway, a set of musical ears should be enough in this case. Surely, a quality team handling audio issues should have a pretty good set.
It took me around 1 minute to find the track (without the link), download both previews, line them up in Logic with the same speed, and hear what had been done.

@Flumen Keep in mind that hiring highly qualified composers and/or sound engineers to work only in help center is very costly. We do not want bigger author fees… Usually typical plagiarism reports do not require such a complicated procedure like time and pitch change, so I’m not sure if everyone in help center should be qualified sound engineer…

And we even do not know what Lenny wrote in his first mail to Envato, did he described this situations enough? In Envato reply I do not see any notice about sample stealing only about plagiarism. Not sufficient description or help center worker overlooked it?

But there is one obvious thing right now. If he will write report again and if he will describe it properly, they will block this plagiarism. If he will emphasize that the time is crucial and if he will send DMCA - they will block it quickly. I had similar problem once and finally they closed all profiles of guy who had stolen my samples.

@Flumen
Thank you so much for your message. You really help me here. I was going crazy about people not hearing that it was sampled. Your post really made my day.

@gballx
Thanks for testing ! I will do a side by side comparison and I’m going to follow @RedOctopus advice. I’m going to open a new ticket with all the proofs I have : screenshot of the session, midi files, upload times, link to this topic etc.

Thanks again guys. Hope this time they will do something about it. I posted a comment on the thief profil with the link to my track. His answer is “Cool work! Sounds great! Good luck!!!” Stealing and trolling…

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