There are a number of mouth breathers, attorneys and low knuckle dragging beasts that are using the DCMA act to make false claims of copyright infringement; even though Dan O'Conner granted Creative Commons use of his music with attribution.
Yes, there are people out in the wild that for kicks that will put in false DCMA requests. Reasons:
- Kill or slow down the competition
- Don't like the content and use the DCMA to act as their own personal censor
- ContentID Match Software bots that don't understand about multiple users selecting the same Creative Commons song.
- Slime buckets attorneys and the software that loves them that ain't got nothing better to do than to file false DCMAs.
Dan was getting pelted with people coming back to him because YouTube yanked their videos. There are only some many hours in the day and no one wants to spend 23 hours trying to convince YouTube that your clients obtained the music legally.
You can check out Dan's FAQ page on what to do if you have downloaded prior versions of his tunes or still want to use some of his new work.
So, what do you do if you get a false DCMA notice?
Like I have been telling folks; make sure you have a copy of the page of the website where you got your music. You can make a PDF of it or place a paper copy in a binder. You want to be able to prove that you are not in violation.
You will want to go to the EFF page specifically on YouTube take down notices.
This might help but it may not. YouTube has gotten cozy with Universal music so if you song sound remotely like one of their tunes you might have issues. Even if it is clear Fair Use you might have issues.
Also check out FairUse.org article on YouTube Refuses to Honor DCMA Counter Notices
And you'll want to read VideoInk's article from two entertainment attorneys on how to fight a false DCMA notice.
In the meantime; those of us that need affordable music can make use of YouTube own audio library of tunes. I'd lay a dollar to a donut that this will not stop false flagging but it will be interesting to test it out.
You can also hippy hop over to Vimeo's music service where you can buy an affordable track with no muss or fuss. Again, document your sources and do the best you can in the turbulent times.
Other Posts of Interest
- Audio and Music Posts
- Copyright Posts
- Legal for Video and Videoblogging Posts
- Home Page for Mobile Users