Anybody Know if UMPG Publishing is Legitimate

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cpkoch
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2014/07/27 00:13:51 (permalink)

Anybody Know if UMPG Publishing is Legitimate

A Song (maybe more than one) that I posted on my YouTube Channel is claimed by UMPG Publishing Co. to be violating some sort of copyright. Frankly I have no idea what they are talking about and don't wish to get involved in learning the ins and outs of the issue.  I just did a quick Google Search on UMPG and found many people seem to think this outfit is nothing more than a "bully" whose aim it is to get ownership of music and obtain copyright.   Any words of wisdom would be most welcomed!
 

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    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 00:22:04 (permalink)
    If the song is yours, alert YouTube to this. If UMG (Universal Music Group, not to be confused with UPMG) is abusing the system YouTube has in place for dealing with copyright violations, they will NOT be pleased. On the other hand if the material is copyrighted, or contains material that is copyrighted, you need to take it down ASAP.
     
    Note that some copyrighted content is allowed because of agreements publishers have with YouTube. For example I have a cover version of "Poison" and another of "We Gotta Get Out of this Place" on my YouTube channel. I have not been asked to remove them. Before posting them I checked if other versions were on YouTube, and there are a zillion of each one...so I figured an arrangement had been reached, since the others were not taken down.

    The first 3 books in "The Musician's Guide to Home Recording" series are available from Hal Leonard and http://www.reverb.com. Listen to my music on http://www.YouTube.com/thecraiganderton, and visit http://www.craiganderton.com. Thanks!
    #2
    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 00:43:11 (permalink)
    One more thing..."We Gotta Get Out of this Place" was the first time I'd done a cover, so I wrote to the Harry Fox Agency and asked what kind of license I needed to use it in a YouTube video. They basically said they don't deal with that, but some publishers have arrangements with YouTube that allow posting of videos containing copyrighted content. Of course, if I sold a CD with the same thing, that would be a different story.
     
    Their bottom line was "post the video and see if they ask you to take it down." Uh...okay.
     
    BTW being in the publishing biz and having done multiple albums over the years I know a hell of a lot about fair use. There are four main criteria for determining fair use. You can search for details (and this site is particularly good), but the main tests are:
     
    1. Not used for commercial purposes
    2. Transformative (i.e., adds value and creates something new vs. verbatim reproduction)
    3. The amount of the work that's used
    4. Whether it diminishes the work's value or deprives the owner of income
     
    If you post a song that's not yours and add a video, you won't pass test (3) and a court would likely reject (2) because you have not done anything transformative with the work itself, merely overlaid a separate video.
     
    The places where you can almost always get by with fair use is excerpts for commentary or review, parodies, and dissemination of small amounts of educational material. 

    The first 3 books in "The Musician's Guide to Home Recording" series are available from Hal Leonard and http://www.reverb.com. Listen to my music on http://www.YouTube.com/thecraiganderton, and visit http://www.craiganderton.com. Thanks!
    #3
    cpkoch
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 00:57:49 (permalink)
    Thanks Craig. By the way it is UPMG not UMG  that is taking issue with my tune  The Wonder of You being on YouTube. I've just learned that UPMG is the second largest music publisher in the world  after Sony's having purchased EMI.  So I guess I've answered my own question as to their legitimacy. That might tell you how little I am into the real music scene.  
     
    To get permission from copyright owners around the world appears to be an enormous undertaking. Everything published after 1923 must be copyrighted ... right? From a most simplistic viewpoint, I think that leaves me with either doing my own music or doing nothing and give up on my project to produce and  post 200  50's and 60's Hits.  I wonder how entertainers manage to sing, in a night club, a song like Let it Go (which is driving me up a wall) without suffering legal consequences.  I guess ignorance is no defense but learning copyright law is something that is farthest of anything that could attract my interest.
     
    I just read your follow-up and again ... I thank you!! 
     
          

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    #4
    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 04:04:37 (permalink)
    In nightclubs, they get a blanket license from one or more performing rights groups (e.g., ASCAP).

    The first 3 books in "The Musician's Guide to Home Recording" series are available from Hal Leonard and http://www.reverb.com. Listen to my music on http://www.YouTube.com/thecraiganderton, and visit http://www.craiganderton.com. Thanks!
    #5
    azslow3
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 04:34:32 (permalink)
    After reading a lot about the topic, my conclusion is the following:
    • all these laws do not protect the authors, just people which make money from music.
    • everyone can be accused in violation of some copyright. Unlike trademarks for example, that violation is the purpose independent, so "fair use" concept works only partially.
    • the list of owners is UNKNOWN. You can not simply check if something is copyrighted / who is the owner / etc.
    • copyrighted is the whole "money making chain". Let say you was on concert, you have bought some CD and then you have bought the score for the same song. In case you play the song at work for colleagues (some corporate party), you most probably violate (till clarified on per song basis):
      • copyright of the original song, you are not allowed to reproduce it, even in "self singing" form
      • the CD license, in case you decide to play CD there
      • copyright of the score, you are not allowed to reproduce the score as well!
    • for scores in general: even in case the music is in public domain, some recently printed version of it is not. In case you have played some "redactor choice" (without even noticing that!) variation, you already violate copyright (of the score producer, the author can be dead since 1000 years...).
    How it works for entertainers, disco, etc. ?
    Simple! There are "friendly" companies (different in each country). For "small fee" (number of listeners, paid/free, etc. are taken into account) they solve all media ownership questions for your, just give them the list of performed works. It works the same way (throw the same companies) for radio, TV or Internet publishing.
     
    And now "the hammer": if someone has written some good song, everyone can start to hope he/she dies soon! Only in that case after 70 years people have a chance to sign the song free, without worries to be accused in CP violation. But even that is not always help, "Happy bi--ay to you!" is still copyrighted...
     

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    #6
    slartabartfast
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 04:54:01 (permalink)
    Anderton
    If the song is yours, alert YouTube to this. If UMG (Universal Music Group, not to be confused with UPMG) is abusing the system YouTube has in place for dealing with copyright violations, they will NOT be pleased. 



    I expect YouTube will experience very little displeasure if their system is being abused--they may possibly be benefitting financially from it, at least to the extent of minimizing their costs of compliance with copyright law. There are literally hundreds of similar cases being reported of music that is original content, clearly in the public domain or licensed by the composer that are being flagged. The YouTube system that is in place allows robots (automated content ID system) to search their content, and if sufficient similarity is found between something on YouTube and something claimed by one of their "partners" the partner can notify YouTube. YouTube will then place ads on the page to generate revenue that will be shared with the partner that claims infringement. This is completely distinct from the Digital Millennium Copyright Act (DMCA) take down notice, that requires certification that infringement has actually occurred, and provides a statutory appeals process. Reports have included musicians who have received such notices for recording the work of composers who have been dead for centuries, apparently because they obviously closely match copyrighted performances by other musicians, NASA video (obtained from NASA and not coyrightable because the product of US government) because it was broadcast on a TV network which claimed copyright and even for incidentally captured bird songs in the background of non-musical videos. The DMCA immunizes YouTube, but does not make any money for anyone when work is simply removed. Money is to be made when it is left in place but ads are attached.
     
    Note that this right to monetize your submission by posting ads is not negated by the fact that you have paid a license for the cover. YouTube considers this monetization to be part of the agreement you make with them when you post copyrighted work, regardless of whether you have a license to record or synchronize that work. It is a fee you agree to pay for posting copyrighted material to YouTube.
     
    For the most part YouTube provides a free service to posters, and it is difficult to see how posters would be able to recover much monetary damage as the result of this error or "abuse." They have much more to fear from the companies that use their automated content system, and presumably save money by not having to deal with the cost of DMCA errors. I do not know if they actually make any money from the system either by charging their associates for access to the automated system or by sharing the ad revenue with them.
    #7
    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 11:38:26 (permalink)
    slartabartfast
    Anderton
    If the song is yours, alert YouTube to this. If UMG (Universal Music Group, not to be confused with UPMG) is abusing the system YouTube has in place for dealing with copyright violations, they will NOT be pleased. 



    I expect YouTube will experience very little displeasure if their system is being abused--they may possibly be benefitting financially from it, at least to the extent of minimizing their costs of compliance with copyright law. 



    Agreed, I made my comment based on the assumption that cpkoch was posting his own music. YouTube doesn't want to discourage participation from people posting original content.
     
    As to ad revenue, I think (not sure, it was hard getting answers) the agreement with publishers is that if they see copyrighted work being used but they're okay with that, then the ad goes up and the publisher gets a cut.

    The first 3 books in "The Musician's Guide to Home Recording" series are available from Hal Leonard and http://www.reverb.com. Listen to my music on http://www.YouTube.com/thecraiganderton, and visit http://www.craiganderton.com. Thanks!
    #8
    slartabartfast
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 12:59:25 (permalink)
    My point about the errors is that even when what is posted does NOT contain copyrighted material, the "publisher" will still get a cut of the advertising revenue.
     
    From my reading of various articles on the subject and reading between the lines of the services being offered by the "partners" who make claims of infringement to YouTube, there seems to be a nascent business model that calls for offering your services to sub-license the original content either created or licensed from the creator, then to aggressively and not very carefully submit a large catalog of this sub-licensed content to YouTube since you then qualify to use their automated content ID system, which incidentally is not available to those who only want to protect a limited number of their own original works. Then when the robot hits on anything that resembles something in the catalog, automatically claiming a right to install advertising and benefit from the proceeds. It would not take too careful a review of the results of the robot ID results to know that someone playing a piece by Bach was not infringing a license to a recording of a performance of another musician doing the same piece, or that a person posting a video of his day at the beach was not infringing your client's seagull squawking from the intro to a song on his sea shanty album. If the poster does not object, then the "partner" collects free money, which if his catalog is large or he is running out the clock on appeals by the poster may represent a significant income. Since this income is probably small per ad, the model only works if it can be done by a robot as well, so diligence in correcting mistakes is discouraged.
     
    It is easy to see how money can be made from these "errors." My question about how YouTube makes money was regarding how YouTube itself might share in this illegitimate revenue. If they are getting a piece of the ad revenue, they have little incentive to aggressively police the practice. 
    #9
    cpkoch
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 22:51:02 (permalink)
    Hi Guys.
    I just want to thank you all for the discussion concerning Copyright issues.  Frankly I am very green when it comes to the subject.  For example, I feel as long as one isn't infringing on the life, the liberty and the welfare of others there is little that can occur which can be construed as one's doing something that is immoral or illegal at its core.  Things may be illegal inasmuch as special interests see to it that laws are passed to serve their bottom line profit objectives; but,  I believe as with the case of many copyright claims, they do not infringe on life liberty and the pursuit of happiness of those claimants. .  
     
    In my case I simply download or buy backing tracks that are for sale and ostensibly in the public domain.  I record my vocals, produce and store the results. Lyrics are typed and brought together with the results in a somewhat flexible sort of audio video presentation and posted as a "video" on my YouTube Channel.  I seek no remuneration.  I simply like creating tunes and enjoy receiving encouragement, comments and criticisms as to the many aspects of the process.  I do this primarily to hone  and improve the limited skills learned as a result of my having taken a MOOC ... "Introduction to Music Production"   from Berklee College of Music through the auspices of Coursera. The effort represents a project with  goals I can feel good about achieving.  If others get benefit from listening to the tunes,  all the better! 
     
    To think that one could very well get into a legal pi$$ing contest over the project is beyond the reasonable tests of logic. If I were ripping off money from  those claiming copyright violations, that logic would need to be re-thought-out.  On the other hand, those claimants and their partnering relationship with YouTube appear to be interested more in securing revenues.  They want  to get the 55% of whatever it is advertisers pay to YouTube by ensuring that advertising is attached to "videos" (that's what they are called) that I create.  That seems to be, at best, inappropriate. Isn't there an opportunity cost is involved in the scenario your folks discuss?  In my case aren't claimants apt to profit as a result of labor I exert?
     
     
     
     

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    #10
    cpkoch
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 22:54:19 (permalink)
    What is wrong with using the word au****es.  In my post the word appears as au****ces
     

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    #11
    cpkoch
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 22:55:31 (permalink)
    au****es really means "aus  pisses"
     

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    #12
    guthook
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 23:03:11 (permalink)
    PC filter cut out the derogatory term for Hispanic.

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    #13
    Splat
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 23:04:33 (permalink)
    Sort of makes you laugh about the filtering when you can use the words wanker and bastard.

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    #14
    cpkoch
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 23:32:34 (permalink)
    Good for a laugh!  Kinda like the auto correct/ auto translation story that is going around Facebook pointing out how much trouble one can get in if they leave all of their trust in the hands of a digitally active system.

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    #15
    mettelus
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/27 23:53:25 (permalink)
    CakeAlexS
    Sort of makes you laugh about the filtering when you can use the words wanker and bastard.


    LOL... yeah... especially when there are letters on each end (which is often another word). Embarrassed doesn't come as embarr***ed either. Perhaps the person who scripted the filter has a chip on their shoulder.
     
    Anyway, back to the OP... a lot of this also comes down to "money" as well. If you haven't made a nickel from something, you aren't a "prime target" to be sued anyway. There is so much material posted in high quality on YouTube (original works published NOT by the creator), that this almost makes me laugh.
     
    As an even sadder aside... I talked to the US Patent office on a similar topic and simply asked "How many patent infringements do you have filed against China?" The response was "More than I could ever count!" If laws are not enforceable, stealing is "fair game," yet many companies actually produce patented property there not realizing the engineers who oversee this production simply walk to other factories to "share their knowledge" after work. Music and movies are both made available to everyone in China shortly after being released. Very sad, actually. (And yes, Intellectual Property rights are a pet peeve of mine.)

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    #16
    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 01:02:11 (permalink)
    The thing about copyright is it's not just about the bucks, in fact that's not how it started but that's what it has become. Copyright is about giving the creator of the work the right to determine how it will be disseminated. When negotiating with a distributor or to sell the rights to a creative work, copyright ownership is the only element the creator can use as a basis of negotiation.
     
    However, this means the creator also has the leeway to place works in the public domain or not enforce copyright. For example, ALL the schematic designs I've published over the years are legally considered as "dedicated to the public." That means that I chose not to pursue patenting or otherwise holding on to the rights. This is why you see my circuits in a bunch of products, many available commercially. None of these companies has a legal, moral, or ethical obligation to compensate me in any way, including giving me credit...although if you want to know who some of the good guys are in this industry, Steinberg and Peavey insisted on paying me to use one of my designs, iZotope asked for permission even though they didn't need it, Line 6 credited me for an effect I designed, and E-H will give me an effect if I want one as compensation. I don't abuse that offer, but I have asked for and received several E-H effects over the years. Several boutique pedal manufacturers also credit my designs even though they don't need to.
     
    I've been told I'm owed tens of thousands of dollars of royalties from record companies who own the rights to music I've done, so I don't have a lot of sympathy for them. I do, however, have sympathy for the original creators of a work. Ideally, those are the people who copyright should be protecting.
     
     

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    #17
    cpkoch
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 01:17:03 (permalink)
    mettelus
     (And yes, Intellectual Property rights are a pet peeve of mine.)


    Would you agree there is no such thing as "Intellectual" property as all intellect is received from all prior intellect.  

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    #18
    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 15:12:30 (permalink)
    cpkoch
    mettelus
     (And yes, Intellectual Property rights are a pet peeve of mine.)


    Would you agree there is no such thing as "Intellectual" property as all intellect is received from all prior intellect.  




    Whether patent, copyright, or trademark, you have to show novelty or something transformative to claim intellectual property. A good example is a new chemical compound. All the chemicals needed to create the compound existed before, but if they're put together in a way that no one has done before, it can be protected.

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    #19
    Kroneborge
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 16:36:58 (permalink)
    cpkoch
    mettelus
     (And yes, Intellectual Property rights are a pet peeve of mine.)


    Would you agree there is no such thing as "Intellectual" property as all intellect is received from all prior intellect.  




    1000% no.  Just because people are inspired by other people's creations that in no way devalues the time effort and money that they put into their own creations, or mean they shouldn't have a right to whatever proceeds might be earned from that effort.
     
    While I certainly wouldn't argue that our current system is perfect, the basic idea of copyright is sound.  Would a movie studio invest hundreds of millions of dollars to make something without a hope of a return?  
     
    And of course the MUCH smaller amount that I have invested in my own efforts is all in the probably vain hope that someday I will get some small return.  Some people might not want to ever earn anything, and that's their right.  But that doesn't mean they get to decide what's right for me.  When you take away intelletual property rights, you are stealing all the time and effort and money someone has put in to it.  IMHO, if's really no different than mugging somebody on the way home from cashing their weekly paycheck.  You are taking money out of their pocket.
     
    Same of course applies to patents,  I do investing in bio-technology, billions are invested every year trying to cure this or that diseases, all that is made possible by intellectual property.
     
    Sorry for the rant, but as a "musician" and also an economist, intellectual property is also something I feel very strongly about. 


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    #20
    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 17:35:45 (permalink)
    Kroneborge
    Some people might not want to ever earn anything, and that's their right.  But that doesn't mean they get to decide what's right for me.

     
    And that's EXACTLY the point of intellectual property - the creator gets to decide what to do with it, and that can be anything from giving it away, to licensing it, to never letting it out in the world.
     
     

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    #21
    MandolinPicker
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 18:56:23 (permalink)
    The problem I have with the current copyright laws is the influence of 'Mickey Mouse' on the whole system. Copyright as it is now designed is not there to help anyone except those who have an interest in controlling information, for whatever the reason. Copyright goes back to the 1500s and the introduction of the printing press. It was a desire by the church and government to control the information that was being published. Nothing has really changed since then.
     
    In the United States, the Copyright Act of 1790 limited the term of copyright to 14 years. The author could apply to extend the copyright by 14 years. In 1831 it was amended to have a period of 28 years with an option for a 14-year renewal, and in 1909 it was amended again to 28 and the option for a 28 year renewal. Major changes occurred in 1976, thanks to Mickey Mouse and Disney. Mickey was getting ready to go into the Public Domain, and as a major money maker for Disney, they lobbied hard for changes in the copyright statute. This resulted in the largest change to copyright laws in the United States.
    • extended term to either 75 years or life of author plus 50 years
    • extended federal copyright to unpublished works
    • preempted state copyright laws
    Now you no longer needed to apply for a copyright on your work, it was automatic as soon as the work was created.
     
    Further changes in the copyright laws also had a major impacts. In 1992 the requirement for renewal was removed. 1998 saw the terms of copyright extended to the life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication. The reality of this is that most works created in 1923 will not enter the public domain until 2019. Lastly, the Digital Millennium Copyright Act (DCMA) of 1998 criminalized some forms of copyright infringement (prior to this, copyright infringement cases were always handled in civil courts).
     
    So we have gone from 14 years to 120 years (or more, depending on the particular case). Further, we have switched from an active registration requirement, to no registration requirement. And you can be thrown in jail. Today, nothing is going into the public domain unless it is actively placed there by the author (as our good friend on this board Anderton has done).
     
    In my opinion, the pendulum has swung too far. The current laws on copyright do not protect the authors, but instead provide immense power to the media conglomerates (of which there are only about 6 that control the overwhelming majority of all information in the United States) and further it allows them to use the powers of the government and law enforcement to 'enforce' copyright law. There is no 'common sense' in copyright law when it can be used to bring 'criminal' charges (and waste law enforcement resources).
     
    Yes, the media companies can look the other way, when it is convenient, or not. They can demand that law enforcement investigate and prosecute. To me that is a bit over the top. They can choose to ruin you in court if they so choose.
     
    I am not against copyright, and as Kroneborge stated, he should have a right to use his works as he sees fit. But there needs to be a balance, and as I said at the start, to me that balance is no longer there.

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    #22
    Anderton
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 19:05:29 (permalink)
    MandolinPicker
    I am not against copyright, and as Kroneborge stated, he should have a right to use his works as he sees fit. But there needs to be a balance, and as I said at the start, to me that balance is no longer there.

     
    I agree. Not the first time those with the power to buy legislation have used the law to their financial advantage.

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    #23
    tlw
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/28 21:34:31 (permalink)
    It's perhaps worth commenting that copyright law in the UK has never required registration of copyright. Put simply, copyright automatically belongs to the author of the work (or their employer if created during employment or otherwise assigned) and there has therefore never been a requirement to renew copyright after 14 or any other number of years.

    Not requiring registration of copyright gives authors far more protection than requiring registration, and the old US requirement to register has provided music industry lawyers with quite a nice little earner from UK songwriters who didn't initially register their works in the US.

    Don't even get me started on the requirements regarding trade-mark protection in the US, we're already far enough off-topic as it is :-)

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    #24
    slartabartfast
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    Re: Anybody Know if UMPG Publishing is Legitimate 2014/07/29 01:25:39 (permalink)
    "Lastly, the Digital Millennium Copyright Act (DCMA) of 1998 criminalized some forms of copyright infringement (prior to this, copyright infringement cases were always handled in civil courts)."
     
    Criminal penalties for copyright infringement of certain types first appeared in US law in 1897. But the government attorney has wide latitude to decide which cases he will prosecute. For all practical purposes most infringement will still require the copyright holder to pay for a civil suit, and unless he has timely registered the work he will not be able to recover attorneys fees if his suit succeeds. If you are Microsoft or Disney you have a good shot at getting the government to prosecute, but good luck if you are an independent artist. Conversely if you are making only a few infringing copies, you are unlikely to do jail time or pay fines. 
     
    The No Electronic Theft Act (NET Act) of 1997 largely removed any requirement that infringement be done for monetary gain from the right to bring criminal charges. In part this was probably motivated by the now common belief of many people that there is nothing really wrong with giving away someone else's music, which has arguably had a significant impact on the income of copyright holders, without making very many of the Robin Hoods of file sharing rich. Robin Hood is unlikely to have enough assets to make a civil suit worth the cost, but if he is making thousands of copies he may be dissuaded by fear of criminal sanctions. 
     
     
     
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