My First Copyright Dispute

Nov 22, 2009 18:05

This morning I had following mail in my inbox:

Dear jautero,

Your video, Åcon slideshow part I, may have content that is owned or licensed by GoDigital Media Group.

No action is required on your part; however, if you are interested in learning how this affects your video, please visit the Content ID Matches section of your account for more information.

Sincerely,
- The YouTube Team

"That's interesting", I thought. The video contains bunch of pictures from first Åcon with "Acoustic Sunrise" music sample provided with iPhoto as soundtrack. I used the music specifically to avoid any copyright infringment. Visiting the "Content ID Matches" section tells me that the problem is the music:

Your video, Åcon slideshow part I , may include content that is owned or licensed by these content owners:

* Content owner: GoDigital Media Group Type: Audio content

What should I do?

No action is required on your part. Your video is still available worldwide. In some cases ads may appear next to your video.
What can I do about my video's status?

Please note that the video's status can change, if the policies chosen by the content owners change. You may want to check back periodically to see if you have new options available to you.

Under certain circumstances, you may dispute this copyright claim. These are:

* if the content is mistakenly identified and is actually completely your original creation;
* if you believe your use does not infringe copyright (e.g. it is fair use under US law);
* if you are actually licensed by the owner to use this content.

I tried to find some informatin about the copyright of the sample file and what permissions I have to use it. Since that wasn't successfull, I fired an email to Apple's Copyright Department:

Few years ago I made a slideshow video of my holiday photos and used sample music provided with iPhoto called "Acoustic Sunrise" as background music. I uploaded the video to YouTube and today I received an email from YouTube saying that the video may have content that is owned or licensed by GoDigital Media Group. The email also instructed me to visit the Content ID Matches section of my account for more information. Doing so informed me that the claim is on audio content of the video, that is "Acoustic Sunrise" background music.

I take copyright violations seriously. When making that video I assumed that the sample music in iPhoto is provided for use as background music in slideshows and that I have license to use the music that way. However, I have not been able to find a specific license and therefore I would like to know if I have permission to use "Acoustic Sunrise" as a backgound music on slideshow and then upload the video of the presentation to a public web site like YouTube. I also would like to inform you that GoDigital Media Group has made the above claim on "Acoustic Sunrise" and would like to know if they are misappropriating copyright on "Acoustic Sunrise".

I probably should have read the iLife Software License Agreement, which states in paragraph 2.C that I may use Apple and third party audio content as a soundtrack for my video project. (For some reason the PDF does not allow copying parts of it, so I must assume that I don't have permission to do that.) I interpreted that to mean that I have written permission from copyright holder to use the music as soundtrack and disputed the claim.

This video uses the copyrighted material at issue, but with the appropriate authorization from the copyright owner.
Soundtrack is audio content included in iLife. (See iLife License 2.C)

english, copyright

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