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Topic: Copyright flags on your own Joe concert videos

This is probably more for Natasha than anyone else but what should one do if they post a video of Joe from a concert and a Copyright Claim has been filed on it?

Thanks

2 (edited by Rocket 2016-05-19 10:01:00)

Re: Copyright flags on your own Joe concert videos

If flagged by YouTube...

You acknowledge that you do not own the copyright.  At least I always have, and I have posted many (RockOnRocket user name).


Rock ON & Keep The Patently Clear Faith,
Rocket

"He still doesn't charge for mistakes! wink"
http://jbonamassa.com/tour-dates/
"Everybody wants ta get inta the act!"
“Now, this isn’t your ordinary party crowd, here.  I mean, there are professionals in here.”

3 (edited by nmagcorn 2016-05-19 11:17:28)

Re: Copyright flags on your own Joe concert videos

JJ wrote:

This is probably more for Natasha than anyone else but what should one do if they post a video of Joe from a concert and a Copyright Claim has been filed on it?

Thanks

There are two different copyright claims that occur. If you get a statement in your video manager after you have uploaded a video and there is a blue statement that reads "includes copyrighted content" and there is a little blue copyright symbol there is no need to worry. In fact I have been told by a couple of musicians that if you post videos of their copyrighted content that they have allowed to be used by the public then they actually receive monetary compensation from youtube for it because of adds that youtube places on the videos. Now, if you film something and when it is uploading it is flagged by youtube and a big warning comes up and says there is a "copyright complaint/infringement notification" filed and gives you info on where supposedly in your video this occurs. This means it is not allowed. Then you can either fight it if you think they are wrong. Or you can just delete your video and not try and upload. If you get 3 "copyright complaint/infringement notifications
" against you, you can lose your channel. Quite a few of my videos have the statement "includes copyrighted content" on them. Of Joe's songs "Mountain Climbing", "Blues of Desperation", "No Good Place For the Lonely", "This Train", "John Henry", "Love Ain't A Love Song"... all have it and so according to what I have been told by musicians who have had legal dealings, these actually generate money for Joe that he will receive from youtube. It's interesting to me that Joe and other musicians are making money off my videos. Granted it's probably a small bit, but it is something.

Re: Copyright flags on your own Joe concert videos

I have created several videos using tracks from my own band's album.  First time I did it I noticed there was a Copyright Claim by a company, 'The Orchard Music' who I had never heard off.  I thought it was off, particularly as we had written the songs.

Anyway, on investigation with our management company, it turned out that the Company carries out checks on behalf of our Distributors.

So yes, bands do get some money from it, albeit is minuscule, at least for us. 

Just looked at one of our videos and they seem to put ads on them to try and get more money, even though I elected not to monetise videos.

We get he following message:

Copyrighted content was found in your video.

The claimant is allowing their content to be used in your YouTube video. However, ads might appear on it.

5 (edited by Ian916 2016-05-20 06:59:19)

Re: Copyright flags on your own Joe concert videos

- lookout for Earache Records artists, - recently one of their (contracted not employed) staff went over YouTube and filed claims against many of us fans who had uploaded films from The Temperance Movement gigs, - I had a “strike” against my account, - 3 of those and you are out. As my channel has nearly 3 million viewings I was not happy, - wrote to Earache as did many other Temperance Movement fans and eventually we got them lifted, - I took down all of my TTM films, didi not buy their new album... They handled it very badly in my opinion, - some people did get their YouTube accounts shut down.

I understand copyright, - I have worked for two of the oldest publishers in the World, - but we live in a  different age, - fans taking films at gigs is not the problem in the music industry, - it is the industry itself.  I rarely film entire songs these days, and I am selective about what songs I do film, - don’t agree with filming the entire show, - I do not believe that an artist wants to engage with somebody holding a camera or a phone all night, - to do so is disrespectful to the artists IMO. It is a privilege to be able to film at all, - if people take the pi** that privilege will be taken away, - try and film at an Eric Johnson show!!! smile

My YouTube channel with plenty of my Joe's videos dating from 2009 inc his first Hammersmith Odeon ones:
http://www.youtube.com/ian916fun

6 (edited by NickelWound 2016-05-20 18:10:01)

Re: Copyright flags on your own Joe concert videos

After reading these posts I'm a little confused at how someone can copyright a live show? I get CD copyright, DVD Copyright, but a show that they have allowed to be filmed seems to fall into the hands of public domain no? There are a myriad of YouTube downloaders where people download videos to practice their favorite guitarists. This is for personal use only so where does that fit into copyright laws?

I have worked as a designer, illustrator and get where copyright protects the artist, but I can't stop anyone from making a personal copy of my work for their own use. YouTube is just a copy of a show that has been posted for others to see. I WISH that could happen to my illustrations. People are not selling them they are looking at them. YouTube makes you want to go out and buy the music. They can't have it both ways or something stinks here. How can you allow people to post 'YOU' Tube, that is 'your' video, and then go ahead and say you no longer own it once you post it. The site was invented to share videos.

So how can a show, where the artist's allow taping, be under copyright protection? I'm pretty sure there is no copyright on the person of Joe Bonamassa otherwise half the avatars on this forum are in breach of copyright. Isn't it a little like DaVinci walks down the street with the Mona Lisa and I take a picture of it? How have I infringed on copyright? Is it because I have republished it and what if I sold it to a newspaper who published it? Or is all of this just saying that the big labels are paying YouTube to monitor content so they can make some cash?

Ok and just one last thing. Even in the Terms of Use by YouTube; 'posters' are allowed to permit download of their videos if they say that people can. What happens to copyright now?

Re: Copyright flags on your own Joe concert videos

- but you are not allowed to film at a show without written permission, - the artists is playing material that is controlled by copyright so when we film it and then broadcast it we are acting outside of the terms of that copyright. The problem for venues is that everybody in that area has in their pocket a device capable of filming in high definition, - they cannot “police” it. Copyright also covers performance not just playback. If Joe plays.... (for example) a cover of a song written by Freddie King and we film him performing that song, Joe or his management are not in a position to give us permission to film or distribute what we film, - we would have to go get permission from the estate of Freddie King.....

It is a complex issue, in the USA you have something called "fair use” which does give a grey area on live performances, if you are not making money rom distribution it is hard to argue that you have broken a law. There is also something called ‘creative commons” which does allow distribution. YouTube/Google without doubt break laws millions of times a day, by right they should not exist, but they work on the theory that "millions of people do it, what are you gong to do about it”?

- Artists/Management like Joe realise that fan filing is great promotion, - Eric Johnson clearly doesn’t which in part is why he is not very well known....

My YouTube channel with plenty of my Joe's videos dating from 2009 inc his first Hammersmith Odeon ones:
http://www.youtube.com/ian916fun

8 (edited by NickelWound 2016-05-21 12:39:10)

Re: Copyright flags on your own Joe concert videos

I just spent an hour writing a post, and my computer must have timed out so nothing was posted hmm I will post a bit of it in pieces. First I don't disagree with anyone's post, this is just an issue that really hits me where I live.

Without rewriting the whole post, I have been at war with copyright laws most of my working life as an illustrator. As far as I can see a live concert is a 'work for hire' arrangement. The artist charges for a show and those who warm the seats pay a price to see it. End of show, end of contract. If I sell an illustration under a 'work for hire' arrangement the buyer owns the work and can do whatever the heck he wants with the illustration including republishing, using it in advertising etc.

If an artist permits filming of the show then he is the one to answer to his label, not the person filming since the songs are copyright protected. However filming is an art form. If I edit a YouTube video I am in breach of copyright with the video's creator. So the songs covered by copyright and the money the artist makes by allowing filming of the event which is posted to YouTube, why doesn't the person filming also get royalties? No one will argue filming is an art form. And how do we settle the 'work for hire' nature of the concert contract? Of course the person filming cannot sell the film, sell or create CDs, sell a DVD of the concert since the songs are covered by copyright. But they sure can distribute it freely since the cincert itself is a 'work for hire' contract.

YouTube exists because the whole thing is such a convoluted mess that it is impossible to control and would take an army of lawyers years to handle a single dispute. I think this is a whole lot more about 'follow the money' than it is about copyright.

Re: Copyright flags on your own Joe concert videos

Kind of interesting. I just noticed that INgrooves added a "suggested" tag on my videos from Red Rocks and Radio City Music Hall. Not sure exactly who INgrooves is, but they must be connected to Joe's company in some way. The tag suggests that people watch the official "Mountain Climbing" video from Joe's channel. Tag only appears on the songs that were included in the official live released DVDs. Well, hopefully the tags drive people to watch Joe's channel which I would imagine is monetized, so therefore it would bring in a small bit of extra money to his company.

Re: Copyright flags on your own Joe concert videos

- the other issue is that it is not always the artists choice as I found out with The Temperance Movement, - apparently band members were not happy when they heard that fans had been (almost) criminalised but the band to a certain extent are owned by the management company who in my case took retrospective action, just before they were about to release their new album, - it was only songs of that then unreleased album that they pursued for copyright infringement.

- another issue and I think this is the concern, it is not so much the film that they are concerned about bt rather the soundtrack on the video, a fear of bootleg music or even YouTube replacing CD/download sales.

My YouTube channel with plenty of my Joe's videos dating from 2009 inc his first Hammersmith Odeon ones:
http://www.youtube.com/ian916fun

11 (edited by cindyron 2016-06-01 17:54:11)

Re: Copyright flags on your own Joe concert videos

At the end of the day from my simply way of looking at things if you take a vid or a pic for your own personel enjoyment thats one thing but the minute you post it to the masses I think it belongs to the artist. These folks work way to hard regardless of their stature and over the years with the state of technology it is becoming harder and harder for them to make a living. So anything of significance I feel belongs to the artist and he or she can do whatever they want with it even if they did not take the vid. It is theirs not yours or mine
Cheers Ron

"Joe B saved my soul, forever grateful Ron"
"Some people dream of worthy accomplishments while others stay awake and do them"
Skinner #1,JBLP 145(aged),252, (unaged),#285HM, Bburst #026, Joes 052 BCC black LP, Strat> RT,EC Gilmour,Beck,Lenny LP> PK 83,CC#2,3,4,9,Amps>Carol Ann RAH JB-100 SN 001,JB100 Red SN02,OD2, OD3,Tucana 2&3 Triptix,Twinkle land, Plexi ,JB Jub, Jubs,Plexi,Satch,Two Rock>others

12 (edited by petew 2016-06-02 04:11:24)

Re: Copyright flags on your own Joe concert videos

The above sums it up. You may be allowed to use your camera, but it doesn't necessarily mean you own the rights to what you take.

If you record a song, you've made a video with a copyrighted peice of music in it, if you put it on youtube you're then sharing something which you don't have the rights to share.

You'll usually find that it's been claimed by the recording company or more likely, some subsidiary. There's nothing you can do to remove the claim, as there is a high chance that you don't have the proper rights to fight the claim.

Re: Copyright flags on your own Joe concert videos

unfortunately what the above two posts fail to mention is the responsibility of the massively rich organisation that exists to share user generated content, they blame the person making the film that could also be described as an artist who owns the right to what he or she has created, and then being of a sharing personality wants others to witness what they did..... food for thought?

as a photographer who has worked for publishers it is a shame that very few value our work.... it is the likes of Google and Facebook that have contributed massively to the demise of perceived value to work from artists in many fields. sad

My YouTube channel with plenty of my Joe's videos dating from 2009 inc his first Hammersmith Odeon ones:
http://www.youtube.com/ian916fun

14 (edited by cindyron 2016-06-02 06:33:09)

Re: Copyright flags on your own Joe concert videos

Ian916 wrote:

unfortunately what the above two posts fail to mention is the responsibility of the massively rich organisation that exists to share user generated content, they blame the person making the film that could also be described as an artist who owns the right to what he or she has created, and then being of a sharing personality wants others to witness what they did..... food for thought?

as a photographer who has worked for publishers it is a shame that very few value our work.... it is the likes of Google and Facebook that have contributed massively to the demise of perceived value to work from artists in many fields. sad

The vid or pic is of a individual. If that individual was not in the pic then what is the value? After all the vid or pic would not matter without the subject therefor it is the property and control of the individual in the pic/vid. After all it is his image that adds value therefor he/she should have control. Just the way I see it. As far as a pro photographer or videographer yes they have been hurt tremendously with the coming of technology. But I for one totally appreciate what a camera in the hands of these people can do. They are artist and like the artist they shoot the music/photo landscape is not what it use to be. Demands adaptation to earn a living.
My two cents
Cheers Ron

"Joe B saved my soul, forever grateful Ron"
"Some people dream of worthy accomplishments while others stay awake and do them"
Skinner #1,JBLP 145(aged),252, (unaged),#285HM, Bburst #026, Joes 052 BCC black LP, Strat> RT,EC Gilmour,Beck,Lenny LP> PK 83,CC#2,3,4,9,Amps>Carol Ann RAH JB-100 SN 001,JB100 Red SN02,OD2, OD3,Tucana 2&3 Triptix,Twinkle land, Plexi ,JB Jub, Jubs,Plexi,Satch,Two Rock>others

Re: Copyright flags on your own Joe concert videos

cindyron wrote:

At the end of the day from my simply way of looking at things if you take a vid or a pic for your own personel enjoyment thats one thing but the minute you post it to the masses I think it belongs to the artist. These folks work way to hard regardless of their stature and over the years with the state of technology it is becoming harder and harder for them to make a living. So anything of significance I feel belongs to the artist and he or she can do whatever they want with it even if they did not take the vid. It is theirs not yours or mine
Cheers Ron

I totally understand where you are coming from with this and that's why I don't monetize my youtube account. I know people probably think I do and I know people who have channels with less views than mine and they monetize theirs and can make up to $1000 a month off of it. But morally I wouldn't feel right doing it. Even though the video is my creation, it just feels wrong to be making money off of a musicians performance. It's their music and their performance and I'm just capturing that moment in time. Plus whenever money enters into the equation, it changes your feelings about it and also how others view you. They think you have some ulterior motive. I film for a variety of reasons.  I've always been a creative person and it's become a very satisfying way for me to exercise my creative talents. I enjoy reliving the shows that we've been to and other fans enjoy watching them. Plus there have been many musicians who have been incredibly appreciative of my work. So many artists we see are struggling to make it in the business. In this day and age musicians don't have big record companies signing them and funding them. They rely on touring and they have to do it all on their own and many don't have the money to put into a huge marketing campaign. They rely on word of mouth. The videos get their music out to the masses. People watch, and if they like what they see, they buy tickets, come to a show and purchase merchandise. One of the most satisfying things for me is to see a comment on one of my videos stating, "After watching I am now a fan"

Re: Copyright flags on your own Joe concert videos

nmagcorn wrote:
cindyron wrote:

At the end of the day from my simply way of looking at things if you take a vid or a pic for your own personel enjoyment thats one thing but the minute you post it to the masses I think it belongs to the artist. These folks work way to hard regardless of their stature and over the years with the state of technology it is becoming harder and harder for them to make a living. So anything of significance I feel belongs to the artist and he or she can do whatever they want with it even if they did not take the vid. It is theirs not yours or mine
Cheers Ron

I totally understand where you are coming from with this and that's why I don't monetize my youtube account. I know people probably think I do and I know people who have channels with less views than mine and they monetize theirs and can make up to $1000 a month off of it. But morally I wouldn't feel right doing it. Even though the video is my creation, it just feels wrong to be making money off of a musicians performance. It's their music and their performance and I'm just capturing that moment in time. Plus whenever money enters into the equation, it changes your feelings about it and also how others view you. They think you have some ulterior motive. I film for a variety of reasons.  I've always been a creative person and it's become a very satisfying way for me to exercise my creative talents. I enjoy reliving the shows that we've been to and other fans enjoy watching them. Plus there have been many musicians who have been incredibly appreciative of my work. So many artists we see are struggling to make it in the business. In this day and age musicians don't have big record companies signing them and funding them. They rely on touring and they have to do it all on their own and many don't have the money to put into a huge marketing campaign. They rely on word of mouth. The videos get their music out to the masses. People watch, and if they like what they see, they buy tickets, come to a show and purchase merchandise. One of the most satisfying things for me is to see a comment on one of my videos stating, "After watching I am now a fan"

I am with you Natasha I am responding to others and in general.
Cheers Ron

"Joe B saved my soul, forever grateful Ron"
"Some people dream of worthy accomplishments while others stay awake and do them"
Skinner #1,JBLP 145(aged),252, (unaged),#285HM, Bburst #026, Joes 052 BCC black LP, Strat> RT,EC Gilmour,Beck,Lenny LP> PK 83,CC#2,3,4,9,Amps>Carol Ann RAH JB-100 SN 001,JB100 Red SN02,OD2, OD3,Tucana 2&3 Triptix,Twinkle land, Plexi ,JB Jub, Jubs,Plexi,Satch,Two Rock>others

Re: Copyright flags on your own Joe concert videos

pretty sure that the law allows you to take pictures of people without permission if they are in a public place, well it does in Europe, and you can sell those pictures, - there is a massive industry around doing this, and trash newspapers sell millions of copies based on it, they sure do not print NEWS these days! wink

Natasha don’t believe the hype about making money from YouTube, - I have one film that has over 2 1/2 million viewings on it, I monetised it and 3 or 4 years ago it would earn me abut £60 a month, then YouTube changed their small print terms, - I have not earned a penny in 3 years, and it still gets plenty of viewings. It is of a 9 string bass being played on a Peavey stand at a music expo, - I do not monetise films I take of artists. - Although FYI people if you do monetise a film it gets promoted by YouTube because they make money out of your work!

My YouTube channel with plenty of my Joe's videos dating from 2009 inc his first Hammersmith Odeon ones:
http://www.youtube.com/ian916fun

Re: Copyright flags on your own Joe concert videos

It wasn't any single video. I think the $1000 was more a lump sum for stuff that had adds on it for a few years that previously had not been monetized. I think the normal amount per month for the entire channel was more around $100 or so.