Re: When will youtube stop Orchard, IODA and the like making false copyright claims?
Mar 19, 2012 2:08 PM
Posted in group:
My video was created on an Apple computer using my own artwork, iMovie, and GarageBand loops. (Indeed, all the music from all my videos come from either GarageBand or the Flip Cam's loops.) GarageBand loops are free to use with the purchase of the software. They're certainly free to use in videos posted on YouTube. Heck, you could even create a song entirely from different GarageBand loops, sing along to it, and sell that. The only things you can't do with GarageBand loops is claim ownership to them or resell them as individual tracks.
IODA claimed the music in my video--a GarageBand loop--violated their copyright. I told YouTube in the only way that I could that it didn't, and was annoyed to discover that YouTube has no customer support whatsoever. There's no way to explain where the music comes from and why it's not IODA's.
YouTube left it up to IODA to decide whether they wanted to drop the case. Essentially, YouTube refused to listen to any evidence I had and decided to make the plaintiff the judge and jury in this case. IODA, of course, didn't drop their claim, so YouTube stuck links on my video's page to places where the "person" who IODA claims owns the rights to the music sells that particular piece of music.
At first I thought that perhaps it was an honest mistake on IODA's part. Maybe the GarageBand loop is similar to the piece IODA claims it is. So I clicked on the Amazon link and listened to a free sample.
The GarageBand loop I used is a cheery, peppy piece of electronic music appropriate for my children's book illustrations in the video. The music now linked to it, however, because IODA claims it's the same is nothing like that. IODA's music is depressing, like really, really depressing. It's slowwwwwwww. And it's not electronic. It sounds like violins and what I think is a jaw harp. And it's really bad. To say that this is the same piece of music is like saying that the Charlie Brown theme song was ripped off from Beethoven's Fifth Symphony.
So what did I do? Well, if YouTube wouldn't let me tell them my case, I could post it in the comments section of my video--repeatedly and emphatically. I couldn't include a link to this forum to point out that other people have been experiencing the same problem, but at least those who see my video will also see that they should not under any circumstance buy the music because it is not the same music.
I went over to Amazon, gave the piece of music a one-star review--because it really is a BAD piece of music--and explained in my review how I came across it. I then went to the complete album for this song and wrote a similar review for the entire album. If I had more time, I would have gone to almost every song from the album (there was one song I didn't completely hate, but I wasn't about to reward IODA for their bad behavior) and posted a one-star review for every single one of them.
Because IODA isn't just claiming I violated their copyright--it's violating Apple's copyright by slapping their artist's name on a GarageBand loop and trying to selling it as if it actually belonged to that artist instead of Apple!
So for those of you who find yourselves in a similar situation and you know the music you used is not the music IODA claims to own, do what I did. YouTube might be hiding everything, but Amazon is completely transparent. Just be calm, level-headed, and absolutely honest with your reviews, so you don't accidentally violate Amazon's TOS. I believe you can't link to places outside of Amazon, but you can link within Amazon to the actual music you used (if they sell it). Let the customer decide for his or herself if it's the same.
Try to review both the individual track and the album it's on. The less worthwhile it is for IODA to make false claims, the sooner they'll stop doing it.
Thank you, and good luck.
And shame on YouTube for making it easy for IODA to get away with it.