When will youtube stop Orchard, IODA and the like making false copyright claims?

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When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 2/19/12 4:16 AM
When is YouTube going to take any note of its users and stop these charlatans from making false copyright claims against our videos?

It's a known fact that they are false and the process for getting them removed is so long winded that I don't even bother now. But the daily claims are getting on my nerves.

These companies should have to prove ownership rather than us disprove it, especially as we know they are mostly false. The failure to do anything is just another example of YouTube/Google's disregard for its users!
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? terrymechan 2/22/12 2:32 AM
Agreed.

Just another case of false policemen jumping on a bandwagon for green mail
Farlie A 2/23/12 9:29 AM <This message has been deleted.>
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 2/23/12 9:44 AM
That's all well and good but these bodies are also abusing the system and taking advantage of it. Why is it only users that get penalised for their actions but these companies can continually make FALSE copyright claims unimpeded and with impunity.
The number of false copyright claims is almost tantamount to harassment!
Why do they not have to provide evidence that they own copyright rather than us having to prove that they don't?
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Naturhov 2/23/12 10:20 PM
Maybe an internet company could have a bussiness interests in scanning videos/music uploaded with a claim already in mind, since this could "allow" this company to show popup ads when popular videos is shown - thus making more money ...
We must remember that YouTube is a "free" of charge service provided to us - and wtf. comes free in this world?
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 2/27/12 1:00 AM
16 FALSE claims in the past week alone says it all! There's not enough time in the day to challenge them all.
It's so annoying and frustrating and YouTube are aware of this.
So I ask again....when are they going to do something about it to stop this harassment of their users?
Where a possibly genuine claim has been made, I have been able to liaise with the owners to have it removed as they are happy with what I do.
IODA, Finetunes, Orchard, Ingrooves are ALL guilty. Why should they profit, isn't this theft?
Farlie A 3/4/12 3:37 PM <This message has been deleted.>
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 3/4/12 11:27 PM
Farlie A, as I've said...genuine claims, no problem.
I have authorisation from the legal owners of some of my posts, yet still these charlatans are claiming copyright where they have none.
It is clearly obvious that they identify a channel (mine in this case) and trawl through it claiming copyright on videos they think will benefit them. Another 15 claims since the 27th Feb says it all!
My point is, why don't they have to prove copyright rather than users disproving it, when YouTube are aware that many claims are falsified?
Not concerned about raising this point as all they can do is close my channel down and as they've taken my pleasure away from what I was doing, so be it!
Farlie A 3/5/12 3:51 AM <This message has been deleted.>
Farlie A 3/5/12 3:53 AM <This message has been deleted.>
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 3/10/12 1:10 AM
Ha ha ha. 18 claims since 5th march, with IODA and Orchard claiming copyright on 3 of the same videos in this time. How is this even possible?
They are making a farce of the whole system and NO ONE wants to do anything about it.
I would love someone from YouTube to offer an explanation but the that's as likely as me winning the lottery and I don't even play it!
Copyfraud in the extreme!
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? SheviStories 3/19/12 2:08 PM
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.

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? urbanlamb 3/19/12 3:15 PM
yeah its great they give us a button to challenge there is only one problem these guys are rejecting the claims and saying its theirs anyhow (which it is not) that is fraudulent and it appears youtube just doesn't give a crap.  I have marked the videos they tag this with as unlisted and am deleting them after I sent an email with a 1 week time limit to these guys and I will reupload under creative commons public domain because that is what the sound is from lol.    I didnt get it from them its not even their copy of a copy or remastered its simply not theirs period.  
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? urbanlamb 3/19/12 3:20 PM
looks like they aren't ..

and to be honest I think they are profiting from it its the only reason they can allow it.  

i dont enjoy challenging the claims on youtube but at least the mechanism exists I guess however these guys have found a flaw in the youtube design and simply reject the claims making it impossible to go further on this website.    You then have to bend over backwards and use their forms.  

They are doing it its fraudulent and its not an accident because they are rejecting the claims which implies they looked at the claim said its theirs anyhow and hit reject button.     Its against youtubes own tos at that point as false claims are not allowed but look what we have here.  I major corporate entity willfuly making false copyright claims!

its disgusting..

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? urbanlamb 3/19/12 3:21 PM
what they do IS harassment.

do you work for them or something? because they are resorting to false claims and in my case I dont enjoy being harassed and spending hours and hours filling out forms to MY stuff.   In many cases those they are HARASSING own the rights.  

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? urbanlamb 3/19/12 3:30 PM
its outright copyrfraud

its not just the content id system mismatching then you fill out the form saying "this is a mismatched content id" and you sign it and then they come back to youtube and reject the claim that it was a mismatch and claim full rights to the thing .  That is where the fraud occurs.    It should NOT be happening.  

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 3/30/12 12:20 PM
Good for you in taking some action. On the odd one or two, this is fine but I have had 37 yes THIRTY SEVEN false copyright claims since my last post on 10th March. I don't have enough hours in the day to counteract all these claims. They have taken set on my channel and seem determined to claim copyright on every one of my videos. YouTube are well aware of this problem. Why don't they do the decent thing and post a reply? (not holding my breath)
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Girloveswaffles 3/30/12 12:43 PM
This is all part of Googles plot to get rid of small, average joe posters.  Their only interest is in the big channels that bring in big bucks.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Misha A. 3/31/12 1:25 AM
I suggest you contest the claim through Youtube. I don't know if Youtube is involved in this, but IODA is acting very unscrupulously in their efforts at maximizing their profit. They are casting a huge, huge, net on videos online - some which does not make any sense at all.

For instance, I posted a short clip on Plan 9 From Outer Space, a movie that is out of copyright - a fact that can be confirmed with minimal effort.

However, Youtube/IODA claimed that I've violated IODA's copyright on the video. I almost did not contest the claim, as Youtube warned that false challenges may result in account suspension or deletion. But I went ahead anyway, and this was Youtube's response.

"Dear xxxxxxxxxx,

IODA has reviewed your dispute and released its copyright claim on your video, "xxxxxxxxxx". For more information, please visit your Copyright Notices page

Sincerely,
- The YouTube Team"

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 3/31/12 1:45 AM
You are absolutely right but I've had another 7 claims from IODA since yesterday! If there was a block counterclaim feature I could challenge them all but I think they are working on the basis that people just don't have the time to challenge their numerous claims and in my case this is correct...I have hundreds...literally!

The fact that claims are being made by more than one company on the same videos should send out warning bells to YouTube.

I just believe they should have to PROVE copyright, rather than us disprove it. I wish that YouTube would explain their position in this as its driving me mad. If I close my channel, no one benefits and that's an option I'm seriously considering!

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Vidaboa 5/8/12 2:29 PM
I just had the exact same thing happen to me.  IODA claimed ownership of a piece of original music that I wrote myself in Garageband.  I trusted in YouTube's appeal process so I disputed the claim and said that I wrote it myself and the dispute was promptly rejected.

Now my video is not monetized and I have links to buy this completely unrelated music plastered all over the description on my video.  This is blatant fraudulent misrepresentation by IODA.  They need to be shut down.  How dare they claim to own something that I created and actually profit from my own hard work to boot?

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? mahatma_fatal_eror 5/17/12 9:05 PM
Coming from a customer service department by myself (Siemens) I ask where is the escalation to 2nd level?

Every company dealing with customers should have a higher instance for discussing this NON-automatically.

It doesn't sound correct when people can make incorrect claims voluntarily. The "good" guys accept disputes - after posting something which sounds identically but isn#t (because performed something under PD by myself).

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? utopia2 5/20/12 12:09 PM
The same thing just happened to me - I uploaded an unlisted video that we created in iMovie using it's ambient sound effects which are royalty free for users. Within minutes I got 2 copyright claims - one from IODA for a piece of music that bears no resemblance to the iMovie effects. The second from RumbleFish claiming that our video contains music from Royce Campbell's "Breath of Life". I checked out this song on Amazon and found that the short preview clip was the same sound as one of the iMovie ambient sound effects that we used in our video. Very interesting! Either Royce Campbell licensed his music to iMovie for free use by users or he ripped off the iMovie effect and is passing it off and allowing RumbleFish to make fraudulent copyright claims on his behalf for a sound effect that is not actually his, but from iMovie. Or perhaps RumbleFish do not realize this? I plan on notifying Apple of this false claim by RumbleFish and the iMovie copyright breach by Royce Campbell.

BTW - here's the piece of music from Amazon that is the same as a sound in iMovie -- for those familiar with iMovie you will recognize it. (I took your advice and put a comment on this as well as the IODA piece which bears no resemblance.)

http://www.amazon.com/gp/product/B001RXFZUO/ref=dm_dp_trk3

I've also disputed the copyright claims to our video by both IODA and RumbleFish -- which brings up a second point - how can 2 artists be claiming the SAME piece of "music". Obviously there's a scam going on by both IODA and RumbleFish that YouTube is allowing to happen.

I have contacted RumbleFish directly but have no email for IODA to register a complaint at.

Basically both companies are doing this to fraudulently monetize other people's videos. I wish them luck with this one since it's an unlisted video only meant for a few people.

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? 4thel0ve 5/20/12 2:08 PM
Hey, utopia2. I marked your amazon review as "helpful." :)
I hope Apple does something about those companies. You'd think they'd be afraid to claim anything from Apple -- and sell it, to boot!
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? skozobar 6/5/12 9:49 PM
One of IODA's music labels called "Musical Ark" stole of bunch of my copyrighted recordings from my blog and IODA distributed them for sale all over the internet as "mp3 albums" -  (here's a link to one of them on Amazon http://www.amazon.com/Folk-Songs-Yugoslavia-Vintage-Recordings/dp/B003Z16D1G)

and here's a link to my blog where they stole it from : www.tamburitza78s.blogspot.com/

I uploaded some of these songs to my YouTube channel a couple years ago, and now IODA has started issuing copyright claims against me - FOR THE SAME SONGS THEY STOLE FROM ME!!! They claim their copyright is 2010 - while mine is 2008 - a full two years earlier. I disputed the first claim and they "reviewed" it and reinstated their claim.

When I disputed their second claim against me, I threatened to report them to the Department of Justice...this time they RELEASED their claim!!! They're thieves! And they're still selling my recordings all over the internet. They even used one of my photos for their "album cover"!

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? mahatma_fatal_eror 6/5/12 11:18 PM
then sue him, yur gouverment has this fancy DCMA act. When the guy "stole" it then you must act as the bestolen, make use of law and law enforcement. don't threaten that duy, TAKE LEGAL ACTIONS! The big labels do it, so you can do it as well.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Misha A. 6/6/12 12:11 AM
wow, sozobar. That's theft, plain and simple. If you really think your evidence/proof can stand legal scrutiny, then I suggest you approach a reputable firm and file a suit. Tie the lawyers' fees to the settlement, of course. Just a letter would have IODA/Sony running for a settlement.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? skozobar 6/6/12 12:26 AM
Thanks, I think you and Mahatma are right. They really haven't left me with any other options. Thanks for the advise. I'll keep you posted.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? dochorror 6/16/12 7:33 PM
Has anyone had any dealings with Finetunes? Apparently they own all of the songs me and my band have written and recorded. I've tried "disputing" this, it's been "rejected" and I've a good mind at this point to call round to their offices and "claim ownership" of their "computers", "printers", "carpets", "trousers" and what have you... :D

Seriously, though - I've tried emailing them and I've heard no response. Has anyone out there successfully shaken these guys off? What does it take?

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 6/16/12 7:43 PM
Finetunes are regular visitors to my channel too. I'm not sure what to do; YouTube is conspicuous by their absence on this thread. As suggested to someone above, take legal action. Find a lawyer specialising in copyright law and sue them! It only takes one or two to do this before they sit up and take notice.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Misha A. 6/16/12 10:45 PM
I've had two claims made by different companies on one of my Public Domain video, and both have been released by Youtube, as you can see from the attached file.

The text of my last challenge to Youtube is appended below for your reference:
---------------------------------------------------------------

I strongly belief that DigDis, a 7-year old, small independent electronic music distributor based in Germany, is making a false claim on this 54-year old American movie. And Youtube is aiding and abetting this unethical behavior by giving them unilateral right to stake a claim on the video without the need to substantiate their ownership.

Plan 9 From Outer Space, or rather, “Grave Robbers From Outer Space”, was originally published in the USA in 1959. The film was not immediately registered for copyright. It was registered by it's producer “Reynolds Pictures Inc.” in 1981 (PA0000102338).

The film's copyright was renewed in 1986 by Wade Williams 3 (RE0000279707). In 1981, Williams lodged a quitclaim from Kathy Wood (Edward D. Wood Jr.'s second wife [1956-his death] and heir. USCO doc. no. V1831P045) and separate quitclaims of interest from Norma McCarty (Edward D. Wood Jr.'s first wife - falsely listed on the filing as “Mrs. Edward D. Wood, Jr., successor of all rights to the Estate of Edward D. Wood, Jr.”, which she was not, as their marriage had been annulled) - and Reynolds Pictures, Inc.

This renewal was legally invalid for these reasons:
1) The registration and renewals were lodged providing the incorrect title on screen, date-in-notice and publication date for the original publication.
2) In order for a successor in interest to renew a copyright they have to demonstrate that they own the copyright through a valid transfer of rights from the party owning the copyright at or immediately before the renewal window. None of the parties Mr. Williams sought quitclaims from were valid owners of copyright immediately prior to the renewal window. Valid copyright successors for this film “James Flocker Enterprises Inc.”, “Gold Key Video”, "Vidtronics Inc.”, and “Medallion Pictures”, all companies who are successors in the chain of ownership post registration, are not present in Williams' quitclaims. Williams has, instead, provided the USCO with a series of meaningless assignments from parties which no longer held any copyright interest in the work in order to demonstrate “ownership” of the intellectual property in the film.

The screenplay was further registered as an unpublished work in 1989 (Pau001211635). This again is rendered legally invalid by the mere fact that large portions of the screenplay were previously published as part of the registered motion picture for which no valid copyright renewal exists.

Source: http://archive.org/details/Plan_9_from_Outer_Space_1959
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? LgacyX6 6/17/12 1:23 PM
*claps* Amazing job dude.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 6/18/12 4:50 AM
A response received today which shows that we MUST challenge these bogus claims!
 Dear browningbbw,

Ippen Digital GmbH & Co KG has reviewed your dispute and released its copyright claim on your video, "Sir George 'Music Galore' - Saturday July 14th 2012". For more information, please visit your Copyright Notice page

Yours sincerely, - The YouTube Team

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? LgacyX6 6/18/12 8:11 PM
I was going to upload the last episode of Lollipop Chainsaw and then... I got struck by IODA. Dem dirtbags.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? SonicStreak 7/11/12 6:36 PM
OOh... I too got struck by IODA on my Lollipop Chainsaw videos... only two of them though. The ones that contained a SMALL sample of the song 'Lollipop'... in fact, it wasn't just IODA.. it was also BFM Digital and INgrooves. I had THREE copyright claims on two videos. I promptly disputed the claims. BFM and INgrooves removed the claim within 24 hours, which was nice... but IODA? Nope... they fucking reinstated the claim. Bunch of fucking waste-of-space douchebags... I hope their HQ burns to the ground. The vast majority of the claims I get on my videos are always invalid. I always try to dispute, and see where it goes. 8 times out of 10 the claim is removed. But guess who always manages to keep their claim on my videos...?
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? SonicStreak 7/14/12 4:14 AM
This is quite funny, if a little stupid... another one of my Lollipop Chainsaw videos has been Content ID'd again... this time getting blocked in Germany... just Germany, which makes no sense. On top of that, it's been ID Matched with the same song as my last video... Lollipop by The Chordettes... yet two of the claimants are different. Instead of INgrooves and BFM Digital, it's now been claimed by Rebeat Digital and UMG... confusing. And of course, IODA has once again put it's unsolicited claim on this video... I fucking hate IODA.. .I wish they'd fuck off somewhere and never return... or at least die in a horrific accident... that would be awesome.
When will youtube stop Orchard, IODA and the like making false copyright claims? Craig... 7/14/12 5:15 AM
Here's an ideal. Don't upload material that doesn't belong to you and you'll never have to worry about a false claim.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Videodave2 7/14/12 5:28 AM
On Saturday, July 14, 2012 8:15:42 AM UTC-4, GgleSD wrote:
Here's an ideal. Don't upload material that doesn't belong to you and you'll never have to worry about a false claim.

In a perfect world that would be true, but, unfortunately there are frequent false claims. Usually they are easily resolved by filing a dispute and referencing your licenses. By all means be sure to follow the rules when uploading, but, no it will not keep you from false claims. In fact the thread is about those false claims and they do happen frequently and some organizations are major offenders.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 7/14/12 5:37 AM
On Saturday, 14 July 2012 13:15:42 UTC+1, GgleSD  wrote:
> Here&#39;s an ideal. Don&#39;t upload material that doesn&#39;t belong to you and you&#39;ll never have to worry about a false claim.

 

If you had bothered to read the thread rather than making a frivolous and useless comment you would know that this is about FALSE claims on material that is owned or you have permission to post. IODA and the many other copyright claim companies continue to stake claim to tracks that they have no legal right to, for their own financial benefit and this is what we would like stopped.

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? VSoccerGameShow 8/28/12 3:09 AM
This problem starts to aggravate me seriously.

I have strong temporal constraints for my publications. Time that puts YouTube to react is unsatisfactory.

They is always same which wishes to be remunerated on the back of the others.

Only Konami or Electronic Arts can dispute my contents, nobody others

If YouTube could show reactivity ? THANK YOU !
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? 16strings 10/14/12 9:32 AM
Last night I had my first two claims against a video that contains no music whatsoever.  The only sound to be heard is my neighbors lawnmower running in the background.  Maybe they think that is what their music sounds like.  My claims come from The Orchard Music and BFM Digital.  When you to to The Orchard Music contact page the page header says, "If this is about a YouTube claim..."  They are obviously doing this a lot.  If there is a class action lawsuit against these companies, I want in on it.  They have taken money away from my ad income.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? browningbbw 10/20/12 4:00 AM
IODA are at it again with force and daily copyright claims. They are part of Orchard and I would suggest that we bombard them daily with our own emails @ ugc-a...@theorchard.com
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Robert Fowler 12/16/12 5:25 AM
Class Action is a good solution. At my regular hourly rate for the work I do that I have spent on fighting these bogus claims by IODA, and combined with everyone who has had the same issue with them, the numbers would add up quickly on their legal liability and I am sure they would stop soon.

I have noticed that YouTube videos with false IODA copyright violations appear in Google search results with IODA very prominent. This may be part of their motivation to illegally ignore our disputes. Why should they release a claim when it obviously benefits them in brnad recognition and SEO? At least until we all seek financial damages in a Class Action lawsuit! YouTube and Google may be accessories to the crime.

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? 4yn5 3/4/13 12:45 PM
Tenho um video de audio saxofone de saxofonista brasileira, a musica denominada Cristal e semelhante no nome aum Rock , não é a mesma música mas Youtube aceitou a reivindicação de IODA, sem direito!
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Vidaboa 4/1/13 7:05 AM
You can appeal the copyright claim.  I did this a couple of weeks ago after an original piece of music I wrote was falsely claimed by IODA.  They dropped the claim after my appeal.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Phil Tune 5/9/13 12:00 AM
I have had claims from The Orchard Music regarding the video content of TV adverts I have created. All work fully documented and dealing with a major client. This is a scam operation and the company I work for is taking legal action against them today.
p
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? 4 adult woman sexy young boy 5/9/13 2:01 AM
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Amaranthus616 5/9/13 2:26 AM
Oh really?

I hope it all works out then!!

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Stingchu1 5/16/13 2:12 PM
I would try to look at what kind of employees are working for this company, how they are being paid, and what way this company is making money. Reading all these posts, I get the feeling that this IODA thing is just the shell company for a larger conglomerate that might be in the same parent company as Rumblefish and Amazon and some of these other companies. Kind of like how Coca Cola and Hershey are basically part of the same larger 'partnership' company. They call it a partnership but, come on, we're not stupid.
Lisa Marie Simmons 7/3/13 2:47 AM <This message has been deleted.>
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Lisa Marie Simmons 7/3/13 2:51 AM
@ GgleSD Unfortunately that is not true. My band and I have only our original music on youtube and are fighting claims like this recently, the most tenacious of these brought by IODA.  I wonder if it is linked to the fact that we've disabled publicity on our page. Any thoughts on this??
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Charlie McTruth 7/18/13 8:28 AM
This is theft, pure and simple. Great blog by the way.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? skozobar 7/18/13 8:12 PM
Thanks, I've successfully appealed all of their copyright claims, but they're still selling my mp3s on Amazon, iTunes, etc. Sony is IODA's parent company and it's just incredible to me that they'd be going to bat for internet pirates. If the tables were turned and I was the one selling THEIR mp3s...well...I'd probably be writing this from prison...
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? SOLARPOWER 9/8/13 8:18 PM

Send to abc news

THIS IS WRONG!


Using royalty-free loops in GarageBand with commercial work

Learn about the usage of royalty-free loops in GarageBand on commercial songs, multimedia presentations, videos, and animations.

The GarageBand software license agreement says:

"GarageBand Software. You may use the Apple and third party audio loop content (Audio Content), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original music compositions or audio projects. You may broadcast and/or distribute your own music compositions or audio projects that were created using the Audio Content, however, individual audio loops may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound effects or music beds."

So don't worry, you can make commercial music with GarageBand, you just can't distribute the loops as loops.

Last Modified: Aug 27, 2008
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? SOLARPOWER 9/8/13 8:20 PM

With the release of embedded Garageband loops in the Apple Inc. pre-installed software bundle including all versions of iMovie and retail for stand alone single or multi-user purchase software bundle of "Soundtrack Pro," hundreds of good quality loops were included. This library of loops may be expanded for the Mac/Apple user via purchase through the Apple website. These loops include sound effects and lengthy musical compositions that are all offered on a "royalty-free basis."


Here is the Apple inc. agreement in full:


The GarageBand software license agreement says:

"GarageBand Software. You may use the Apple and third party audio loop content (Audio Content), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original music compositions or audio projects. You may broadcast and/or distribute your own music compositions or audio projects that were created using the Audio Content, however, individual audio loops may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound effects or music beds."

So don't worry, you can make commercial music with GarageBand, you just can't distribute the loops as loops.

Last Modified: Aug 27, 2008


With the rollout of Youtube, video creators used the "royalty-free loops" legally within the Apple Inc. agreement having full access to; "on a royalty-free basis, to create your own original music compositions or audio projects." As Youtube expanded the ability of monetary partnerships for almost anyone, the monetary value of these royalty-free loops which have been used in more than one million videos to date, have become a part of many older videos and newly created videos added by the hundreds on a daily basis. These loops which have also been used in motion pictures, TV commercials, and internet videos found a place to make the software bundle a real value to the end user.


PROBLEM 1


While the agreement clearly gives video producers the right to use the loops as they wish, it also states:

 

"You may broadcast and/or distribute your own music compositions or audio projects that were created using the Audio Content, however, individual audio loops may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound effects or music beds."


A musician may make professional music but cannot redistribute in "whole" or "part" as a music beds or audio sample.


PROBLEM 2


Third party music and video distribution companies have popped up in large numbers over the past 5 years. These companies will represent "any artist" regardless of musical talent for a fee ranging from $4.99 upwards of a few hundred dollars. One reason musical artists chose these companies is full access to iTunes, Google Music, Amazon Music and Youtube. Access that, without representation, is either not possible or can take months for approval. While there are many complaints by musical artists of unfulfilled revenue against these companies, they do work for many artists.


 THE BIGGEST PROBLEM OF THEM ALL:

https://support.google.com/youtube/answer/2952738?hl=en

YouTube Certification Program


Companies like (just to name a few): theorchard.com, believedigital.com, tunecore.com, CDbaby.com - frequently sign artists who use Garageband Royalty Free Loops in part or as their entire musical track library. The newly signed artist's portfolio of music is added to the the Youtube content ID program and any videos using artist's music is matched. The video producer also know as a Youtuber receives a copyright notice that they are using musical content belonging to "said artist" and all video monetization for the video producer is cancelled for the video in question. Also, the musical artist receives credit for the musical track and a link is placed on the Youtube video for public purchase through Amazon etc. In an original artistic world this would be a wonderful thing. However, since many artists are simply claiming Garageband and Soundtrack Pro royalty-free loops, a theft occurs.


This is an example:


A Mac user makes a video clip/movie for Youtube on January 1, 2009 and uses a "royalty-free" Apple Inc. loop titled "Jaracanda" (musical genre World/Ethnic Authors: Apple Inc. Duration 1:59 Copyright 2006) legally covered under the Apple agreement. The Youtuber uploads their original video and successfully monetizes their Youtube video to generate s source of income from their original video content containing royalty-free music. On January 1, 2013 - four years later, "Musical Artist X" copies the Apple loop "Jaracanda" from the Garageband library "standalone as-is" or remixes the loop in some form. Musical Artist X renames the Apple loop "My Paradise" and signs (pays $4.99) with one of the musical companies. "Jaracanda" renamed "My Paradise" is added to Youtube's content ID program and the newly added artist swipes all video revenues from all videos that ever used the royalty free "Jaracanda" soundtrack. Only the Youtube video producers with knowledge of the Apple agreement or brave enough to counter claim (Youtube uses strong ,somewhat threatening legal language to discourage counter claims through the online form process) gets the opportunity to regain monetary control of their original content. Most Youtubers accept the claim against them waiving monetary rights or do not check their Youtube video manager on a daily basis and allow the dispute time to expire. Here is an example of an artist getting credit for others work + "royalty-free" Garageband loop:


ORIGINAL LOOP NAME "Havana" APPLE INC. 


Steve Hogarty renamed it (Dance Until Daylight)



http://www.youtube.com/results?search_query=%22Steve+Hogarty-Bailando+Hasta+El+Anochecer%22&oq=%22Steve+Hogarty-Bailando+Hasta+El+Anochecer%22&gs_l=youtube.3..35i39.23557.23557.0.23970.1.1.0.0.0.0.267.267.2-1.1.0...0.0...1ac.1.11.youtube.VSIayY4i5C8


Most videos are GARAGEBAND loops. Steve Hogarty gets credit for all those videos.  This seems unfair. I have needed to file over 100 disputes in the past 3 years.


Re: When will youtube stop Orchard, IODA and the like making false copyright claims? jiveaces 9/28/13 3:33 PM
I knew I couldn't be the only one! This is royally pissing me off, i have a music blocked worldwide by IODA which is my own bad's recording!
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Misha A. 9/28/13 7:10 PM
This is extremely enlightening.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Heath Achatz 11/2/13 9:22 AM
Same thing is happening to me!
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? markimatang 11/2/13 10:29 AM

My suggestion probably isn’t worth the powder to blow it to hell but here it is anyway: http://productforums.google.com/forum/#!topic/youtube/tFsevfJn3IQ

 

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? UGF Entertainment 11/3/13 10:00 PM
IODA didnt "steal" the music, it must have been submitted to them by one of their distributed labels.. The reason YouTube was unwilling to help is because most content providers only deal with the distributors/aggregators, meaning the first thing u have to do is contact IODA (which is now The Orchard, which I am signed to) and then they have to process the takedown, after they speak with the label. or you can contact the label directly, but I assure u it isnt IODA's problem...
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? friendofthefamily 11/28/13 11:30 PM
Under federal antitrust law, it is illegal for companies to make agreements to hinder competition. What we have here are individual artists performing public domain music and arrangements and attempting to publish them. There is an agreement among the large publishing companies and Youtube to prevent small artists from publishing their own versions of public domain music. This is a serious crime. Even though it is implemented through a search engine and software, it is still a restraint of trade. In other words, these companies are using illegal means to prevent you from competing in the market. It is affecting the livelihood of many legitimate musicians.

Even though most of us don't have the money to hire lawyers to sue the big publishing companies, there is something we can do. Please contact the US Department of Justice - Antitrust Division to complain about this practice. Here is the website you can go to file a complaint. http://www.justice.gov/atr/contact/newcase.html Maybe if enough people complain, the Justice Department will do something about it.

PandaEye55 12/2/13 4:28 PM <This message has been deleted.>
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Indoona 12/11/13 3:32 AM
I think I have the ultimate IODA third party claim - it is for a humpback whale song recording!

I've edited a piece on YouTube about humpback whale song and I have my own recordings. The one I used has never been heard by anyone else, is my own recording, and cannot therefore be copyrighted or in any one else's system.

The IODA makes a claim against this recording (the YouTube third party claim system stopping at the humpback whale sounds to identify the bit they think is their copyright).  It says it is party of a musical composition of whale song.

So we are left with just a few possibilities:

1. The IODA makes a wide blanket catch- for all SIMILAR recordings - this is the most likely I think. It happens because they (or whoever administers it) have set wide recognition parameters or because the sound recognition software is not accurate enough.

2. It is the same humpback whale recorded by two different people. As you may know humpback whales have a unique song to each individual and it changes each season. So by chance perhaps two of us have recorded the same whale in the same season - not very likely as mine was in Hawaii 1991, however would be an interesting result. This implies very accurate sound recognition software - something I could test on both recordings using frequency analysis software (of which there are many if you Google that term).

3. Humpback whales have mastered the use of the internet and have copyrighted their own songs. How I wish that were true.

Anyway it shows what we are up against and this is what I think about it all:

YouTube Channels allow a route to income without much capital outlay. There are very few systems in the business world that enable such a thing to happen. It is a chance for the 'small person' to make it big, and for 'broadcasting' and distribution to be in the hands of a much wider number of people (to say the least). This benefits both the people that produce the media and the people that watch it. So 'hurray' for YouTube on that one!

However, the whole idea that that is possible must scare many corporate interests because it threatens the  planet's multi-mational strangle-holding companies that succeed by massive dominance and exclusive distribution only available to themselves, which is of course very keenly guarded. YouTube bowing to pressure on this it seems and making the route to a successful channel harder than it could be if there was a quick response system for LITTLE producers as well as the big ones (you can e-mail YouTube now only if you have 15,000 hours of views per view period).

The only solution at the moment is to be positive and keep going  - don't let it get you down. In my case the story of this copyright claim might eventually make an interesting clip to show how unique humpback whale song is - and then the story of IODA and its greedy, inaccurate, bullying system itself becomes another monetised clip.

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? ETC2013 12/12/13 1:39 PM
Believe digital is one of the 'legal' pirates claiming ownership of royalty free loops by Garage Band.

One source says their address is:
    19E HEATHMANS ROAD,  LONDON
SW6 4TJ
02070368728

Verify and can someone go there and do a doc exposing them.  get your camera going and track down all the employees.  Put it on youtube for us.  People please stop b--ching and do something.

Re: When will youtube stop Orchard, IODA and the like making false copyright claims? Nathan Cheney 1/22/14 7:44 AM
I tried to listen to "A Flair For The Dramatic" and "Selfish Machines", which are both albums by Pierce The Veil, today, but all the videos for them, single tracks and full albums, came up with this "This video contains content from PEDL, Warner Chappell and IODA, one or more of whom have blocked it in your country on copyright grounds"(I'm in the UK). I've done some research and found that
a. There are a lot of people having the same problem
and
b. IODA and The Orchard are affliated with Fearless Records, which is Pierce The Veil's current record label, /not/ the label they were with when they recorded "Flair" and "Machines".
This means that IODA are vaguely affliated with the band, but I believe they have no control over the distribution of their first two albums. Once again, they are claiming copyright over music that they do not own.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? StarKissed 1/24/14 7:41 PM
Indoona, You may have had the ultimate claim in December, but I think my claim top's even your's!   

I have a interview video that was distributed freely by the speaker on the film, who wanted his information given out freely to the world.  He by no means wanted any charges attached to any of his work and there is no real copyright.

There's NO music on the whole video, but YouTube wants me to acknowledge a copyright violation regarding a "2-Second" sound coming from the speaker's throat, that sounds a bit like a humming sound before he gets his word out.  What Absurdity!

IODA is claiming a 3-rd Party claim against my video, which was recorded BTW, back in the mid 1990's.  Was this even a valid company creating commercial music loops 20 years ago?!!!!!  Forgive me, but I didn't realize a "throat" sound could have legal ramifications attached to it. 

The "accusers," deserve a Class-Action Lawsuit against them;  Someone wasn't using their head when they allowed this claim to go through.....The Mid 1990's for Pete's sake.  It'd be laughable if it wasn't so insulting to get Strikes against your account over something like this.    



Re: When will youtube stop Orchard, IODA and the like making false copyright claims? CC Collins 1/24/14 10:53 PM
If you utilize the Library of Congress ($35 bucks to copyright as many titles as you like) then all would be avoided, as that is the only entity they utilize as solid proof.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? HAAKIE48 3/17/14 10:07 AM
I totally agree with you I'm running the Official Canned Heat YouTube Channel and I get these claims and Now running Muddy Waters 1st born Son's Channel MUD MORGANFIELD Official and IODA have put claims in on all 3 Uploads so far which are ALL WRITTEN by Mud Morganfield and ALL 3 Are Published by POPS/DAISY BMI which is Mud Morganfield's Publisher Company.SO IODA go and get real and STOP THESE CLAIMS !!!
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? A Summers 4/3/14 4:27 PM
I just had them claiming Wagner was their IP. Bunch of dumb*** money grabbing retards
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? kajamix 4/7/14 1:05 PM
It's utter BS.
I have permission from the producer as well and they made claim against my video !
Because it is not a full movie but only scenes, I searched for them to send them an email in case they may wish to retract. But they don't even have email address. Youtube are also fools, they should provide you with a way to communicate with the complainant.
Re: When will youtube stop Orchard, IODA and the like making false copyright claims? virtualdreamer 4/8/14 5:42 PM
Ingrooves does not care. that is simply because YT does not care. Ingrooves knows that they can get away with it because of YT. Such is life.
I have misidentified Content ID claims on 2 Public Domain videos- fix it. Scottyccc 4/12/14 10:36 PM <This message has been deleted.>
Re: I have misidentified Content ID claims on 2 Public Domain videos- fix it. Scottyccc 4/12/14 11:13 PM <This message has been deleted.>
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