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Music Discuss specific tunes, the writing of tunes, other questions, concerns, etc. related specifically to the music or music books.

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Old 07-27-2015, 10:39 AM   #1
Knoque
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Default Someone is claiming a copyright on Caber Feidh

Am I crazy or is this not ridiculous?

The band I play in performed Caber Feidh last night as part of a public performance. I uploaded a video of the performance to YouTube to share with my family and was hit with a copyright notice. Someone out there is claiming that they own the rights to "Caber Feidh Set" and my video was flagged even though we didn't play the tune as part of a set.

I of course contested the claim and we'll have to wait to see how it ends, but has anyone else run into this?

Am I wrong to assume that Caber Feidh is in the public domain? Seems like it should be due to it's age, but I'm no lawyer.
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Old 07-27-2015, 11:35 AM   #2
bob864
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Default Re: Someone is claiming a copyright on Caber Feidh

The only way to know for sure the tune you play is public domain is to locate it in a book that is public domain.

So for instance, if the tune you played (Caber Feidh) is the tune published under that name by William Ross in the 1860s, then you are in the clear:

http://www.ceolsean.net/content/WRos...ok06%2023a.pdf

But someone else might take that tune and, for example, turn it into a jig. The newly composed jig could, perhaps, be copyrightable. In the USA there seems to be a single case that's made it through trial. The district court in NY (IIRC) ruled that in order to qualify as a new work the additions need to be more than what "any" musician would do. So just changing some grace notes probably wouldn't let you copyright it, but changing the time signature might. Harmonies based on parallel thirds might not, but a new counter-melody probably would.

I haven't been able to find any other cases on this subject; a different court might rule differently; there could be other things in other countries.

There is also the possibility, if you had drums present, that someone flagged your drum score, if it wasn't an original composition.
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Old 07-27-2015, 12:04 PM   #3
ironron
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Default Re: Someone is claiming a copyright on Caber Feidh

I thought it was traditional.?
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Old 07-27-2015, 12:15 PM   #4
GordonLawrie
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Default Re: Someone is claiming a copyright on Caber Feidh

Quote:
Originally Posted by Knoque View Post
Am I crazy or is this not ridiculous?

The band I play in performed Caber Feidh last night as part of a public performance. I uploaded a video of the performance to YouTube to share with my family and was hit with a copyright notice. Someone out there is claiming that they own the rights to "Caber Feidh Set" and my video was flagged even though we didn't play the tune as part of a set.

I of course contested the claim and we'll have to wait to see how it ends, but has anyone else run into this?

Am I wrong to assume that Caber Feidh is in the public domain? Seems like it should be due to it's age, but I'm no lawyer.
There's a good chance this is a scam......
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Old 07-27-2015, 12:37 PM   #5
el gaitero
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Default Re: Someone is claiming a copyright on Caber Feidh

Quote:
Originally Posted by GordonLawrie View Post
There's a good chance this is a scam......
I think I'd have said " for sure"....; innocent until proven guilty.

..it's up to the prosecution to prove it's claim.
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Old 07-27-2015, 12:50 PM   #6
GordonLawrie
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Default Re: Someone is claiming a copyright on Caber Feidh

Quote:
Originally Posted by GordonLawrie View Post
There's a good chance this is a scam......
Have a look at this:

http://www.wired.com/2011/11/youtube-filter-profiting/
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Old 07-27-2015, 01:44 PM   #7
Knoque
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Default Re: Someone is claiming a copyright on Caber Feidh

Well whatever the reason it was flagged, it's moot now.

I received an email saying that the dispute hadn't been reviewed within 30 days and so it was released. Which makes this all the more surreal since it was a mere hour or two that had elapsed since my dispute, not 30 days.

I'm fairly new to posting things on YouTube so I'm not exactly sure how all their algorithms work, but I was just blown away that someone would have tried to claim the rights.

We play it as a march and it sounds to be the exact same setting the Scots Guard play in the 1950 recording found on YouTube. Not sure who wrote the drum score, but if it's original, I have reason to believe that it would be our lead drummer's.
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Old 07-27-2015, 01:51 PM   #8
Knoque
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Default Re: Someone is claiming a copyright on Caber Feidh

Quote:
Originally Posted by GordonLawrie View Post
After reading this, I definitely think this is what happened. No company was named in the claim (it just said a "private entity" or something like that) and as soon as I made the dispute, the issue was resolved.

I wonder how many pipe tunes have been added to the Content ID system and could potentially be flagged.
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Old 07-27-2015, 02:09 PM   #9
Andrew Lenz
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Default Re: Someone is claiming a copyright on Caber Feidh

The problem is that YouTube has an automated system designed to identify music that is used from CDs, etc. in uploaded videos.

When you upload a tune and it's been recorded by someone else on a professional CD, they sound similar and you get a copyright message sent your way. It's completely done by computer. It doesn't know if the tune is public domain or not.

When I upload pipe band competition videos from the Pleasanton Games every year, I get notices nearly every time for the same reason. I just dispute them and they go away. Sometimes, years later, another copyright claim will come up which results in ugly ads appearing in the middle of my nice video. I just have to dispute them again.

Andrew
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Old 07-27-2015, 04:43 PM   #10
JayC
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Default Re: Someone is claiming a copyright on Caber Feidh

Keep in mind there are two copyrights: to the composition and to the recording. The match was probably made to someone else's video, or perhaps an album, where there was another recording of the piece. Of course, you didn't steal that recording any more than you infringed the composition, but Content ID is much better at identifying a recorded match with vocal and/or pop music, and I've had the frequent experience of it mis-IDing an original classical music recording as someone else's. As Andrew said, disputing the claim usually clears it right up.

I know it's cleared up now, but thought you might appreciate the info for future reference.
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