Youtube claims I don't own my own film!

So I uploaded Heart String Marionette to youtube...the ALL ORIGINAL FILM wherein I made all the visuals from scratch with Endika's ALL ORIGINAL soundtrack and before I made it public I received an email that some company is actually claiming to own my ALL ORGINAL content...see image

So before I make it public I have to resolve as this is bullshit... some company is going to place ad's and make money off of my original film?! So there will be a delay in making it public until youtube resolves this issue.

Update: Some awesome d00ds from across the internets have offerred to help seed/host a torrent of the film so I'm prepping that now.... The film in HD + The Soundtrack will always be available for $5 here.

Comments

  1. Oh man, thats a bummer... Oh, well still something to look forward too :)

    In the meantime a little bit of an OT question, but do you happen to know any good free Software for Group Video Conferences? Would be cool if they'd allow to bring up pictures on the screen and intercut between the different participants as well as record the video. Love the new Forever Alone Filmmaking Podcast by the way :)

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  2. Good, fight it. This is ridiculous.

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  3. So sorry you have to deal with the YouTube bullshit. If they don't resole it try Vimeo or someplace else. Man, that's just fucking crazy.

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  4. btw, you are on the front page of hacker news right now.

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  5. o.o Wow... that sucks.
    Hm well, my guess is, since there's alot of music in the movie and youtube has this automated (and fail prone) technology which scans every single uploaded file for possible copyright protected music and/or video material, it probably registered a sound pattern which also exists in some music track owned by BFM Digital.
    Sometimes all it takes is a similar sound pattern anywhere in the video to trigger this.
    I hope they can figure it out fast =/

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  6. Why dont u share it on torrents? Ill be more than happy to help u seed it and provide a direct link for users who r interested in seeding

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    1. Great idea! yeh I don't have any friends that would help seed so I thought my 300k up wouldn't cut it- I'll make a torrent and post the files + torrent here- thanks!

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    2. Great ill try to seed it from 2 or 3 servers for a month or so

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    3. Awesome thanks! Let me re-encode a better version for the torrentrical release ^ ^

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    4. Yeah, I'll seed it when I can, too.

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    5. +1 for torrent, great openness you demonstrate here, let us help seeding that for you.

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    6. Thanks yall! I'll have the files for sharing up later today!

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    7. I just uploaded the files for a torrent in my newest blog post http://www.mdotstrange.com/2012/06/attn-torrent-masters-heres-some-files.html

      With magnet links the in thing now I wasn't sure how to make the torrent....so someone else thats more savvy than me will have to generate the torrent file.

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    8. Http://dl.cronus.me/mdotstrange/ here is a direct link users can simply wget it

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    9. Awesome thanks! ^_^ I'll post it now thanks to you Cronus!

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  7. File a DMCA counter-notice:
    > http://www.plagiarismtoday.com/2010/06/03/7-common-questions-about-dmca-counter-notices/

    Also, if you're into it, look into how you can punish BFM for committing perjury considering that their DMCA claim against your work was illegal.

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    Replies
    1. I disputed the claim- it wasn't a DMCA takedown request- it was a request to monetize my film which is even creepier 0_o Thanks for the advice!

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    2. From Steven Corn, CEO of BFM Digital: Very astute to recognize that this was not a DMCA takedown. I received a couple of emails regarding this. Here was my response which should clear up the situation:
      ====
      Dear Joseph,
      Youtube has an automatic content matching program that allows owners or administrators of content to control how that content is used in videos uploaded to Youtube. This has been a necessary function for Youtube in light of the many lawsuits that they have had to defend by various owners of various intellectual property (e.g., master recordings, copyrights, TV shows, Films, etc.).

      With regards to audio or music, the system can make a match for the master recording and/or musical composition. As you may not know, there are two distinctly different copyrights in a piece of music. One person may own the master and another may own the underlying composition. Sometimes, a composition can be in the public domain e.g., Yankee Doodle, Beethoven's 5th, etc. However, generally, all master recordings that most anyone listens to is still protected by copyright.

      Even a classical piece of music, such as Beethoven, is public domain for the composition. But the recording of that composition is very much protected.

      BFM represents over 500 labels and their master recordings. All Youtube claims that get filed due to automatic matches are for the master recording only. BFM does not represent any publishing rights on Youtube.

      Further, these labels have authorized BFM to engage the Youtube matching system to identify any video that contains their masters and enable advertising to help compensate the labels themselves. BFM is only acting as their agent and we do not undertake any claims or matching without the express permission of the master recording owners themselves.

      Also know that the Youtube system is very imperfect. There are hundreds of errant matches made that are not correct. Sometimes this involves masters we own and sometimes it involves masters that we do not own. There can be matches to audio in videos that are attributed mistakenly to BFM's catalog when it is an entirely different recording. Alternatively, there can be a recording licensed to BFM that was also licensed to other parties. So there can be competing claims.

      With regards to the claim that you reference in the link below, BFM has not made any claim on content that they don't represent. The claim, as I indicated above, relates only to the master recording of the music that was used in this video. You have assumed that it is connected with other elements of the video and perhaps the video itself.

      The situation with this particular claim involves "royalty free" music that the filmmaker used from a third party software platform called Endika. What happens with companies such as this, is that they license the rights for music from various music production companies to offer as part of their products. These same companies have also authorized BFM to submit this music to Youtube for their matching programs. The end result is that Youtube finds a match and then sends out these emails.

      In such cases, all the creator has to do is file a dispute on the claim. Our client, who provided the music in the first place, has authorized us to remove the claim from any uploader who objects to ads being placed on the video. The dispute system actually favors the uploader since the claim will be automatically removed if BFM fails to take action.

      This video was uploaded yesterday. The dispute was filed yesterday. Thanks to your email, the claim is being removed today. However, the claim would have been removed on Monday when my staff arrived for work.

      Essentially the system works.
      P.S. - if you took the time to learn about BFM, you would see that we are 100% dedicated to supporting the indie artistic community. I can assure that we have a lot of artists and labels that make a lot more than I do.

      ----

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  8. It's too risky to put something public on Youtube:
    As non-US resident, anybody can claim anything without any risk (about for the Youtube account).
    After 16 complaints Youtube delete the whole account.

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    Replies
    1. Wow I never knew that 0_0 Looks like I'll prep a torrent instead ^ ^

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    2. Too bad. ?&%ç!@ Youtube. I don't use Torrents and i really don't want to but i could understand your decision. I'd buy this thing but right at the moment i don't have a credit card available. So i guess i have to convince my dad ;)

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  9. I received an email from a Joseph Gross about this film. To explain the process of claims, I am copying my email to him. Our claim has been removed. I hope it helps clarify the situation & good luck with the film.

    Steven Corn
    CEO
    BFM Digital
    ==
    Dear Joseph

    Your accusations are very broad and vague. Allow me to clarify what the whole Youtube claim program is all about.

    Youtube has an automatic content matching program that allows owners or administrators of content to control how that content is used in videos uploaded to Youtube. This has been a necessary function for Youtube in light of the many lawsuits that they have had to defend by various owners of various intellectual property (e.g., master recordings, copyrights, TV shows, Films, etc.).

    With regards to audio or music, the system can make a match for the master recording and/or musical composition. As you may not know, there are two distinctly different copyrights in a piece of music. One person may own the master and another may own the underlying composition. Sometimes, a composition can be in the public domain e.g., Yankee Doodle, Beethoven's 5th, etc. However, generally, all master recordings that most anyone listens to is still protected by copyright.

    Even a classical piece of music, such as Beethoven, is public domain for the composition. But the recording of that composition is very much protected.

    BFM represents over 500 labels and their master recordings. All Youtube claims that get filed due to automatic matches are for the master recording only. BFM does not represent any publishing rights on Youtube.

    Further, these labels have authorized BFM to engage the Youtube matching system to identify any video that contains their masters and enable advertising to help compensate the labels themselves. BFM is only acting as their agent and we do not undertake any claims or matching without the express permission of the master recording owners themselves.

    Also know that the Youtube system is very imperfect. There are hundreds of errant matches made that are not correct. Sometimes this involves masters we own and sometimes it involves masters that we do not own. There can be matches to audio in videos that are attributed mistakenly to BFM's catalog when it is an entirely different recording. Alternatively, there can be a recording licensed to BFM that was also licensed to other parties. So there can be competing claims.

    With regards to the claim that you reference in the link below, BFM has not made any claim on content that they don't represent. The claim, as I indicated above, relates only to the master recording of the music that was used in this video. You have assumed that it is connected with other elements of the video and perhaps the video itself.

    The situation with this particular claim involves "royalty free" music that the filmmaker used from a third party software platform called Endika. What happens with companies such as this, is that they license the rights for music from various music production companies to offer as part of their products. These same companies have also authorized BFM to submit this music to Youtube for their matching programs. The end result is that Youtube finds a match and then sends out these emails.

    In such cases, all the creator has to do is file a dispute on the claim. Our client, who provided the music in the first place, has authorized us to remove the claim from any uploader who objects to ads being placed on the video. The dispute system actually favors the uploader since the claim will be automatically removed if BFM fails to take action.

    This video was uploaded yesterday. The dispute was filed yesterday. Thanks to your email, the claim is being removed today. However, the claim would have been removed on Monday when my staff arrived for work.

    Essentially the system works.

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  10. I'm actually currently working on a file sharing startup - would also be interested in sharing this file, ad free, unlimited downloads - would find it a priveledge to share it.

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    Replies
    1. Sounds fun! The files will be up later today!

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  11. This is some serious lack of foresight. This was your chance to get millions of dollars from google and you missed it!

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  12. Allright, i just bought the download... Maybe it's not a bad (unintended) Marketing Strategy ;) I got so impatient and wanted to see it so badly that i just bought it and downloading it now.

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  13. No, BFM Digital is claiming you don't own your film. Follow the process to contest it and look into your legal options against BFM Digital.

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  14. If that's the youtube treats then I think you should go to Vimeo or something like that. Their website setup looks more professional anyways.

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  15. What the fuck? man, Youtube has really gone downhill since 3 years ago even... Yeah I wouldn't put your film up there... I'm not putting 'Origin' up there when the time comes, especially if that's the way it's going to be now... A torrent is a good idea... check out VODO for a torrent distro... I put Archon up there ages ago http://vodo.net/archondefender and every now and then I get a paypal donation or two (which I used to buy HSM, btw... ;)

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  16. yeah try vimeo or upload it to bayfiles.com...they have a 5gb limit per file

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  17. googled BFM Digital and it seems like they're associated with a lot of bogus copyright claims... seems like they've bought up some massive library of classical recordings and (intentionally or not) youtube's algorithms I guess mis-identify bits of it in other people's videos, pretty annoying business model they have, hope you can get it all sorted OK.

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  18. I went through the same thing with a video I transferred (under THEIR direction) from Google Video to You Tube. Popped up saying some leech wanted to suck money from it by adding Ads as THEY owned the music. I disputed it (it was Lionhead music) and their "claim" was withdrawn a few days later. Crazy...

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