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Copyright music?


V-Man339

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So, I posted a video of "Let Sleeping Thieve's Lie" and something odd happened.

The video was found to contain copyrighted musical material by Killer Tracks.

http://m.killertracks.com/Browse/Labels/CD%20Listing/CD%20Details/Track%20Details.aspx?cdId=7244&wId=461445

I'm rather weirded out by this, and am wondering how to go about dealing with this, if at all.

If the creators of the mod paid for the stock music, is it technically okay to say I have rights to use it in my video as it is from the mod?

What the hell is the standing on this, if any?

I like to record difficult stealth games, and right now you wonderful people are the only ones delivering on that front.

Click here for the crappy channel where that happens.

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Before you jump to any conclusions about the nature of the music, you should know that Youtube's ContentID is an incredibly broken system.

I'm aware, but I suppose what I'm asking is what avenue to take.

Do I argue that it isn't actually the stock music being used? Do I argue that I technically have the rights to use the music?

What on that chart do I do, under what specific excuse/argument towards the claim?

You need to understand I know next to nothing about the legal or technical nature of the Dark Mod, and I'm at a loss as to how to react in this grey area.

As far as I know none of you own any of the music in your game, but I can't be SURE of that either. So I figured I should ask at the source.

Edited by V-Man339

I like to record difficult stealth games, and right now you wonderful people are the only ones delivering on that front.

Click here for the crappy channel where that happens.

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You should do homework and be clear the status of the track itself if you want to fight it. Eg, PM'ing the author. It shouldn't be TDM music to begin with since our's was custom made (unless the composer used a sample, then maybe you can't fight it. Or it's like generic strings and a mistaken attribution, then it should be public domain). But it might be a mapper added track and not TDM's at all (if a mapper took something then you can't fight that either). You just have to do research. The status of the track itself is your argument.

 

Another route is to just fill in a different sound track over that place, or alter or distort the track a bit there, and reupload it.

What do you see when you turn out the light? I can't tell you but I know that it's mine.

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You should do homework and be clear the status of the track itself if you want to fight it. Eg, PM'ing the author. It shouldn't be TDM music to begin with since our's was custom made (unless the composer used a sample, then maybe you can't fight it. Or it's like generic strings and a mistaken attribution, then it should be public domain). But it might be a mapper added track and not TDM's at all (if a mapper took something then you can't fight that either). You just have to do research. The status of the track itself is your argument.

 

Another route is to just fill in a different sound track over that place, or alter or distort the track a bit there, and reupload it.

Given that the samples are so similar, I think I'm just going to let the track and copyright nature of the video be, if that makes sense.

Edited by V-Man339

I like to record difficult stealth games, and right now you wonderful people are the only ones delivering on that front.

Click here for the crappy channel where that happens.

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Where in the video is the contested track played?

 

There are no sounds included in that mission.

 

None of the standard ambient sounds used in the mission match the Killer Track copyrighted material.

 

Did you use another TDM sound when creating the video?

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There are some very, very similar sounds in that. It immediately sounds exactly like the pause menu music, and a couple of other ambients. Either the creators of those used the same sounds and it's picking up on it, or it's just very similar.

 

Anyway, there's no action you can take. Just acknowledge it on Youtube and move on. You'll get flagged for something on like 4/10 videos, it's no biggie. There's no option to actually say "yeah no this is bullshit: that song isn't in my video at all" so you just have to acknowledge it and leave it. Nothing will come of it.

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Those are quite generic synth sounds. It's very irritiating that people are getting hassled over them, although it's good to know that people posting youtube videos of TDM don't actually have to *do* anything.

 

What next? False, automated, copyright claims of public domain images is my bet. Already there are loads of commercial sites posting PD images and slapping their watermarks on them. If false "takedown" claims cost them nothing, expect the number to increase.

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That's a safe bet. Public domain and fair use are increasingly under attack by corporate interests, and this "debate" has already been seeping into not just corporate conduct, but public discourse as well. It is intended to have a chilling effect by confusing people about what their rights actually are - "but they are professionals, a large company wouldn't be wrong on this issue!"

 

Yes, yes they would. Intentionally, too.

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Come the time of peril, did the ground gape, and did the dead rest unquiet 'gainst us. Our bands of iron and hammers of stone prevailed not, and some did doubt the Builder's plan. But the seals held strong, and the few did triumph, and the doubters were lain into the foundations of the new sanctum. -- Collected letters of the Smith-in-Exile, Civitas Approved

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I read a story years ago about someone being sent a DMCA takedown notice because he had posted an mp3 with the word "Usher" in the filename. As I recall, it was a recording of a university lecture, and "Usher" was the lecturer's name.

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That does sound very much like one of our ambients though. However, the Killer site says copyright 2012? Our ambient has been around since at least 2009, probably earlier.

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I wouldn't expect them to get into a conversation about it if approached directly. If it turns out they did get that track from someone who misappropriated ours, then I guess we have the option of making a fuss about it through some long-winded means or other.

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If I were feeling snarky, I'd send them, KT, a letter explaining the situation, that the track they're blocking is older than the track they own, show a link to some site that proves it, and if they don't remove the block you're going to sue them for breach of our copyright on the track. (Not actual legal advice though. And it's not a real threat, just words to get some cog to pay attention.)

What do you see when you turn out the light? I can't tell you but I know that it's mine.

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Sounds like there are 3 possibilities:

 

1. Both our sound and theirs are from the same source.

2. They stole our sound.

3. We stole their sound.

 

If the copyright date is accurate, #3 cannot be true.

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That does sound very much like one of our ambients though. However, the Killer site says copyright 2012? Our ambient has been around since at least 2009, probably earlier.

 

Well, yeah, it is either some generic stuff, or something like this:

 

 

Copyright is already bad enough, but ever since the "it is almost like it, so it belongs to ME - FOREVER" rules get watered down more and more, the tragedy of the commons affects the commons, well, more and more. It is very much like https://en.wikipedia.org/wiki/Midas- everything "they" touch turns to gold, for them at least, but is lost for the rest of mankind.

"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man." -- George Bernard Shaw (1856 - 1950)

 

"Remember: If the game lets you do it, it's not cheating." -- Xarax

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"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man." -- George Bernard Shaw (1856 - 1950)

 

"Remember: If the game lets you do it, it's not cheating." -- Xarax

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Compare it to our briefing music: https://youtu.be/7PnAfipuvow?t=51s

 

You only have to listen to the first 30-40 seconds to hear the similarities.

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