Copyright infringement?

[GDstew4]

I got this from Google Video today about a mini UT2k4 video I made 2 years ago.

Dear member,
This is to notify you that your video "Uncalamity ver. Alpha" from your Google Video account has been disabled because it has been identified by our Content Identification tools as potentially lacking the necessary copyright authorization for use on the Google Video site. Content Identification is a program that analyzes similarities in audio or video between user videos and a library of reference content provided to us by copyright owners. When a video matches a reference file, that video is automatically disabled.

I really couldn't care less since it's basiclly ancient history by now but, just for future reference, is there something I did wrong with this clip?

http://www.youtube.com/watch?v=K-Ng0qFAz2g

The only thing I can think of is that the song I used wasn't mentioned in any kind of credits. I can dispute the deactivation if I want to.

 

[Thuleman]

I never understood why people insist on overlaying their videos with shitty music. Having said that, it'd guess that it's the audio they are concerned about as the video would definitely fall under Fair Use.

 

[Dreaz]

It's probably just an automated service that checks videos for songs the RIAA are throwing a hissy fit over.

 

[Rurik]

You can't simply just put the author and be free to use it; you need permission to include it. Posting a video with an audio soundtrack is the same as posting an MP3 of the song, and they're really busting down on it.

And agree on #2, I can't stand videos with crappy music, and this one is pretty bad. Better than the gangsta rap crap that many video game walkthrough videos use, though.

 

[GDstew4]

Posting a video with an audio soundtrack is the same as posting an MP3 of the song, and they're really busting down on it.

Well then they have their work cut out for them.

LMAO at the "shitty music" Every video out there like it has terrible music by someone's standards. Would simply including the default game sounds make it any better? I think music gives any type of gameplay video a bit more personality whether it's shitty or not.

 

[skizzled]

Wouldn't that also mean any ingame music/sound/video that you post, because you don't own the rights to it, be copyright infringement and you would have no authority to post anything remotely close to it? Thus, having a voice over or complete silence?
This whole "crack down" is getting out of hand..

 

[MrGuvernment]

you are legally allowed to use parts of a song i recall but not the whole song... ?

 

[f1y]

yeah like 3 seconds.. nothing distinguishable (sp)

 

[Rurik]

Would simply including the default game sounds make it any better?

Yes; yes it would. If you are dubbing a video with a sound track, then the audio doesn't matter. People are looking at the video for the visual aspect. Let them have it, don't put in extra crap that they don't want just because you want to add 'personality'. I'd say the same about most crappy MySpace pages. People go there to read text, not to hear whatever your favorite song of the second is.

Homework for the OP:
http://www.artistshousemusic.org/vi...standing+copyright+and+the+limits+of+fair+use
http://fairuse.stanford.edu/
http://www.ivanhoffman.com/fairusemusic.html

There is no clear cut "X seconds" where it's legal. It's all determined on a case-by-case basis.

 

[jimmyb]

Having a copyrighted song play in the background of a video does not necessarily constitute an infringement of copyright.

Take for example this case of a baby dancing to a Prince song: http://abcnews.go.com/TheLaw/Story?id=3777651&page=1

This was deemed to be a fair usage of the song.

Youtube (and any other internet site that wants safe-harbor coverage by the DMCA) has to oblige any notice of infringement by taking down the content; this does not mean you were infringing copyright though, and you have the opportunity to file a counter-notice and get the content put back up.