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Video using CCMixter audio file pulled by Youtube

JimKillock
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permalink   Fri, Jan 9, 2009 @ 11:35 AM
Hi folks

I made a video last year using a track by Paul Westerberg ‘Looking up in Heaven’ from this site

http://ccmixter.org/files/w...

The video was about advertising CO2 emissions on car ad hoardings, featuring Siân Berry.

Youtube pulled my video after using their automated audio matching system.

The video was here:

http://uk.youtube.com/watch...

and the people complaining are UMG. I guess they think they have a different copyright agreement on this file.

Anyway I wanted to flag this up. I have complained formally and put in links to the audio file download here.

But i think this is going to be a regular problem where CC works are distributed by the old audio companies. They are unlikely to have a record of works in the public domain but in copyright, and probably just submit their whole libraries to Youtube’s service.

So I guess CCmixter / Creative Commons might want to work with Youtube to indentigy works in the public domain using the same software service - that could be technically feasible and might protect our rights, as well as those of the conventional media players.

Jim
fourstones
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permalink   Fri, Jan 9, 2009 @ 12:41 PM
we don’t deal with legal issues here at ccMixter, you should check in at the Creative Commons discussion area.

Having said that, it might help your case if you were more precise in your language. For example the audio track was never in the ‘public domain’ - it was licensed under a CC Sampling+ license which specifically does not allow a straight sync to video without first “transform[ing] it into something substantially different from the original Work”

http://creativecommons.org/...

Again, please take this discussion to where there are people standing by to help with these kinds of issues.

Thanks,
VS