About STK music and Youtube copyright notice

About STK music and Youtube copyright notice

Postby ChemBroTron » 06 Mar 2016, 20:48

I got a copyright notice (not takedown) for a SuperTuxKart video I did years ago.

This one: https://www.youtube.com/watch?v=OB8B8ZxufEs

The song is "One Million Dollar Theme" by the Dead Rocks. It is CC-BY-SA

And yes, I did not mention the song name and its licence. Well, I did not know of either at that time.

I just wanted to share this information. The song is, as far as I can see, not part of STK anymore, but another Dead Rocks song is. So if you use a song by the Dead Rocks in one of your Youtube videos, you might get a copyright notice (even though it's a copyleft licence) and you might have to play commercials for that. Don't know what that means for the STK project though.
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Re: About STK music and Youtube copyright notice

Postby Akien » 06 Mar 2016, 21:55

Well if it's CC BY-SA and you comply to the license, there's no reason you would get a copyright notice.
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Re: About STK music and Youtube copyright notice

Postby onpon4 » 07 Mar 2016, 05:56

Indeed, though YouTube's system makes it very easy for copyright holders to make claims and very hard for everyone else to fight them. Actually, I remember seeing something a few years ago about the counter-claim system not giving a way to state that you have been given a license to use the work, I think because the statement you had to agree to indicating use with permission included stating that you have personally communicated with the copyright holder and obtained permission that way, when licenses grant permission to everyone, impersonally. I could be mis-remembering, though, or it could be out-of-date.

It's worth noting that the use of the music in e.g. a gameplay video would be fair use anyway even if you didn't have a license, so if it's the case that YouTube makes it impossible to counter a copyright claim by pointing out that you have a license you are following, you can fall back on fair use.
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Re: About STK music and Youtube copyright notice

Postby ChemBroTron » 07 Mar 2016, 18:57

Akien {l Wrote}:Well if it's CC BY-SA and you comply to the license, there's no reason you would get a copyright notice.


The thing is here: At that time (besides being unaware), I wouldn't have been able to comply, because Youtube didn't let me choose between CC and their own Youtube licence. And now after the copyright notice, I am not allowed to change the licence to a CC licence.

Again: This is not a copyright takedown, it's a copyright notice.

And about fair use: I live in Germany and as far as I know, there is no such "system" like fair use.
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Re: About STK music and Youtube copyright notice

Postby samuncle » 07 Mar 2016, 23:18

Hi we got several reports, and there might be several explanation.

One of the most likely is the band uploaded on jamendo not understanding the full concept of creative commons
There might be also the possibility of someone uploading on jamendo while he isn't the author.
The last that comes to my mind is they released under creative commons but then got a contract with a music company.

Now no matter what happened we simply can't tolerate ambiguous copyright material in our game. It's a matter of trust between us and our fans/players/youtubers. We want people to be able to do video of our game without worrying about copyright stuff.

It's now our top priority to replace with something original and we contacted our musicians to create an original music to avoid any problems.

Sam
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Re: About STK music and Youtube copyright notice

Postby onpon4 » 08 Mar 2016, 00:12

ChemBroTron {l Wrote}:The thing is here: At that time (besides being unaware), I wouldn't have been able to comply, because Youtube didn't let me choose between CC and their own Youtube licence. And now after the copyright notice, I am not allowed to change the licence to a CC licence.

You don't need to use YouTube's license selection. In fact, that would be a violation of CC BY-SA, because CC BY gives additional permissions CC BY-SA does not. All you need to do is put a notice (e.g. in the video description) indicating the license.

And about fair use: I live in Germany and as far as I know, there is no such "system" like fair use.

That's unfortunate if it's true, but regardless, YouTube is hosted in the United States, and so your videos hosted there are still protected by U.S. fair use doctrine. I think YouTube does perform region-specific actions when a video is fair use or otherwise non-infringing in the U.S. but not in another region, though.
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Re: About STK music and Youtube copyright notice

Postby ChemBroTron » 08 Mar 2016, 22:06

samuncle {l Wrote}:Now no matter what happened we simply can't tolerate ambiguous copyright material in our game. It's a matter of trust between us and our fans/players/youtubers. We want people to be able to do video of our game without worrying about copyright stuff.

It's now our top priority to replace with something original and we contacted our musicians to create an original music to avoid any problems.

Sam


Great to hear/read.
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