Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that)

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Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) thunderhayes 6/9/12 3:55 AM
http://youtu.be/jBmE2RA5b8A

This video uses Josh Woodward's music, available at JoshWoodward.com and he explicitly states on this page http://www.joshwoodward.com/etc/sharing/ that he allows his music to be used in videos that are enabled for revenue sharing. Twice I tried it and twice I received this in an email

"We have disabled monetization on the following videos because we were not able to verify that you have the appropriate commercial use rights for all included content" Despite me providing a link in my claim to Woodward's site AND a tweet he tweeted at me that says his songs are okay for that use. Here is the tweet: http://twitter.com/joshwoodward/status/210728615028072448

I'm just looking for some help on this, cause it ain't right that a song by a person who creates his music with that use in mind is turned down for monetization, but I see videos that have songs like Michael Jackson's playing in the background that are perfectly fine by YT's standards

(I cross-posted this cause I rec'd a reply in the other forum saying that was the Adsense forum and not the YT content forum).

Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) joshwoodward 6/14/12 7:04 AM
If anyone from YouTube reads this - I explicitly allow my music to be used for YouTube videos, monetized or otherwise, as does anyone who releases their music under the Creative Commons Attribution license.
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) JDoors 6/14/12 8:07 AM
I'm not the expert you guys need for this but just a link to a web page is likely not specific enough. If you had a page that can be linked that contains ONLY your licensing permissions, users could direct YouTube to that page. Staff isn't going to take the time to find that information on your main page, it's either there, right there in front of them, or they'll deny the claim.      : )
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) thunderhayes 6/14/12 8:50 AM
Well, I linked to a tweet from Josh Woodward, the page on JoshWoodward.com that says he allows his music to be used, and even the Creative Commons site itself. I gave them more than enough and feel that the information I gave would've been accepted in a court of law. I've even used both his and Kevin MacLeod's (incopmetech.com) music before. It's almost like YT doesn't want people who aren't paying to use music making music videos anymore.
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) Mxsmanic 6/15/12 6:05 AM
Links to Web pages and tweets are not enough, as these can be erased, making it look as though permission was never given (and getting YouTube in trouble).

You need something more concrete, like a digitally-signed e-mail or something on paper.

The Creative Commons attribution license doesn't allow unlimited commercial use without conditions. It requires attribution in a manner specified by the copyright holder. Also, since the status of a video can be changed at any time on YouTube, CC licenses applied to a video by the uploader may not be acceptable in all situations (a real license cannot simply be rescinded unilaterally in the way that YouTube allows).

Here's a link to the actual legal text of the CC license used by YouTube (which is itself unreliable because YouTube could change the link): http://creativecommons.org/licenses/by/3.0/legalcode

In summary, you need to come up with an agreement that is permanent (cannot be deleted with the click of a mouse) and clearly identifies the copyright holder, the licensed content, and the licensee in a way that rules out any possibility of someone else pretending to be him. Ideally, you should consult a lawyer about this. At the minimum, you'll need something other than a pointer to a Web page or a tweet—those are usually just too ephemeral to protect all parties concerned.
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) joshwoodward 6/15/12 6:17 AM
I'm averaging about 100 new uses in YouTube videos each week. There's no way I'm giving personal permission for each of those, and there's certainly no reason I should have to.

Music used in videos should be innocent until proven guilty, not the other way around. YouTube is being lazy, and hostile to free culture, and hostile to its users who play by the rules.

Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) JDoors 6/15/12 7:15 AM
YouTube didn't write copyright law. If a claimant files, YouTube is required to take action, or risk being liable for the infringement. They are not going to take on that liability just to make it easier for users to use copyrighted content, regardless of their right to use it (or not).
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) joshwoodward 6/15/12 7:29 AM
Incorrect. SOPA didn't pass. If someone files a DMCA takedown notice, YouTube isn't liable as long as they take action, which they do (without regard to whether there's actually infringement, but that's another story).
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) JDoors 6/15/12 8:07 AM
I thought that's what I said, but ... whatever.
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) thunderhayes 6/15/12 8:11 AM
I did post a link to the Creative Commons site.

Also I'm not the only person to use Josh Woodward's music. As much as I hate to say it, YT's "review" process (all monetized videos are supposedly "reviewed") is unfairly biased towards the big guys. I saw a Charles Trippy vlog the other day where his wife was in a car with Michael Jackson playing in the background and people like Philip DeFranco regularly sit in the fringe grey area of fair use (not to mention Ray William Johnson, who actually uses videos uploaded by other people, and I'm sure he doesn't take the time to personally ask if he can use the video. I'm sure that a lot of the video usage he does the person themselves would actually hate.)

Creative Commons was created to make it easier for people who have the desire but don't have the means to actually obtain a license on a per use basis (those things can get ridiculously expensive, ask TeraBrite on their legally released cover of Taylor Swift's Safe & Sound).

Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) Mxsmanic 6/17/12 12:11 AM
YouTube has to protect itself from litigation, and must show that it is making a good-faith attempt to protect copyrights in order to prevent major media companies from suing it out of existence. That means assuming that users are infringers until proven otherwise. It's not YouTube's fault, and it wasn't YouTube's original philosophy, but media companies forced its hand.

That's the way the law works. If you don't like the way copyright law works, talk you your members of Congress—they were the ones who were bribed by media companies to rewrite copyright law into what it is today.

SOPA has nothing to do with it. Copyright law was already written this way. The DMCA changed everything for the worse.

And yes, as a matter of fact, you do have to give permission for every use of your music. That's the law.
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) joshwoodward 6/17/12 1:03 PM
"And yes, as a matter of fact, you do have to give permission for every use of your music. That's the law."

Well... no. What about public domain works? Do you have to summon Beethoven's ghost and get him to sign a waiver to play Moonlight Sonata?

Not all works are covered by traditional copyright. By releasing music under a Creative Commons Attribution license, I specifically grant anyone to use my music free of charge, with absolutely no permission needed, provided they give me credit for it.

Ignorance is no excuse - YouTube itself uses Creative Commons Attribution licenses to allow video mashups.

And DMCA is YouTube's friend in this case, not their enemy. The OCILLA provision specifically limits their liability as long as they promptly respond to takedown notices. If I upload an Justin Bieber video, YouTube is legally protected unless his record label issues them a takedown notice and they ignore it, because of OCILLA. In other words, content is innocent until proven (or at least, proactively claimed to be) guilty.

Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) PeggyK 6/17/12 2:19 PM
Thunderhayes: A tweet is unlikely  to be accepted as written documentation. 

You need to link to the actual song you used, which should have the license information (or a link to the license information) on the same page. 

In addition link to the licence page: http://www.joshwoodward.com/etc/sharing/


If that's not what you submitted before, you might want to try again.

joshwoodward: if you want to make it easier for YouTube support to find the license information I'd make a couple of suggestions:

- on the individual song pages, move the license information up from the footer where it's hard to spot, to the part of the post above the links to other songs

- on the license page maybe separate the "commercial use allowed" info into its own paragraph

I know that's probably a hassle to change, but the YouTube folks who review videos for monetization are likely swamped and making it as easy for them to spot the relevant information as possible smooths the process.

(Sorry to derail the discussion about copyright issues)
Re: Josh Woodward song denied revenue sharing (despite his webpage saying it can be used like that) thunderhayes 6/17/12 3:17 PM
I did post a link, to that exact page, as well as a link to the CC site, multiple times.