My music showing up on odd sites

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Ognis
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2007/07/16 23:44:30 (permalink)

My music showing up on odd sites

Anyone had exp with your music showing up in places you did not put it, or give permission for ? I just found 3 sites that have my music on them, and I didn't give any of them the right to put it there. They all have my name, so noone is trying to claim it, I dont guess but, should I be upset, I mean, I don't want someone out there trying to say its his music, then go off and start selling it or something. It's just odd, and I can't even find contact info on one of these sites.
post edited by Ognis - 2007/07/16 23:50:52
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    mgh
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    RE: My music showing up on odd sites 2007/07/16 23:49:14 (permalink)
    you've been searching for yourself on google, haven't you? vanity, vanity...

    Memorare debut album 'Philistine' available now http://blackwoodproductio...philistine-digipack-cd
    #2
    yep
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    RE: My music showing up on odd sites 2007/07/17 00:09:47 (permalink)
    How much recourse you have, if any, is somewhat dependent on how you have treated/licensed/distributed your music thus far. If you have been unconditionally giving it away it can be tricky to collect damages if someone you gave it to is then further passing it around, although you *should* be able to shut them down if you want to.

    Particularrly if nobody's making money off it, I would tend to say any publicity is good publicity, but then everyone is different. If you're not happy about something you really need to contact the offending parties and/or an attorney.

    Cheers.
    #3
    Ognis
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    RE: My music showing up on odd sites 2007/07/17 07:26:09 (permalink)
    any publicity is good publicity


    That's how I thought of it, till I thought, well, what motivation would someone have, to record my streams (all my music has always been stream only, never downloadable), then say they are me, and upload it to other sites under my name ? It makes me wonder if others are stealing my music, and uploading it to sites, under their name, and different song names. I mean, if that is the case, I would prob never even find it, unless someone got radio play, or some notoriety from it. I'm not all savy on copyrights, and the only thing I've ever done is CC licence on soundclick, I always check, that people cannot use my songs for anything, but I've never really understood the whole Creative Commons thing. I guess my best bet would just be to look into copyrights, and how these things work. Maybe copyright an albums worth of music at a time, and only release those songs to the net once they are all done, rather than posting them one by one. Another odd thing is that the songs forum here is the only place I've ever posted my music, which is on soundclick. I also have a myspace page, but only a few remix songs on there. I just dont want someone getting something off my music, and then I am left siting here with no course of action. I never though any of my music was worth stealing, so didn't worry about it, but if people are willing to go though the trouble of ripping a stream, and uploading it to other hosts, then people would be willing to steal it and call it their own.

    (please excuse my writing, an inpacted wisdom tooth is causing me severe lack of sleep)
    #4
    Franco_ontarien
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    RE: My music showing up on odd sites 2007/07/17 09:19:15 (permalink)
    HI,

    Try to contact the webmaster, be nice and ask him to remove your song.
    I think it's a good advertising for you but if you don't like it it's your right.

    If they don't remove your song you need to call a lawyer and send the owner of the Website
    and to the webhosting company an injonction.
    I'm not sure about the name in English, I'm french Canadian but I think it's the same name in English

    Regards!
    #5
    conklin
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    RE: My music showing up on odd sites 2007/07/17 10:13:39 (permalink)
    I'm not a lawyer but:
    If you didn't file the paperwork for the songs that were stolen before you posted them, then they will most likely be considered as falling into the public domain.
    You could argue that at a given time you uploaded the songs from your location (IP address) at such and such a date, and that at a later date (without your ok) they were taken from someone and uploaded to other sites.
    Since you said it doesn't look like anyone's getting paid it may not be worth the headache. Lawyer fees ad up.....
    post edited by conklin - 2007/07/17 10:20:23
    #6
    DaveClark
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    RE: My music showing up on odd sites 2007/07/17 11:00:23 (permalink)
    conklin posted:

    If you didn't file the paperwork for the songs that were stolen before you posted them, then they will most likely be considered as falling into the public domain.


    No, that is not correct.

    Regards,
    Dave Clark

    #7
    conklin
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    RE: My music showing up on odd sites 2007/07/17 12:34:04 (permalink)
    No, that is not correct. Regards,
    Dave Clark


    I stand corrected

    From copyright.gov site:
    Copyright Registration
    In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

    Registration establishes a public record of the copyright claim.
    Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
    If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
    If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
    Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.”
    Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.
    post edited by conklin - 2007/07/17 12:45:43
    #8
    jamesg1213
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    RE: My music showing up on odd sites 2007/07/17 13:56:51 (permalink)
    I just found 3 sites that have my music on them


    Out of curiosity, what sites are they Ognis? (well, I know one of them is the NIN re-mix site, 'cos you posted that at Songs)

     
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    #9
    Ognis
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    RE: My music showing up on odd sites 2007/07/17 17:41:48 (permalink)
    Two on that Nine Inch Nails site, four on some Russian site (that I can't find now), and my Myspace player is on a site called, Tasty Mp3.


    Thanks conklin for the copyright info.


    edit, BTW, "'cos you posted that at Songs" - I know, it's because when I first saw that, I thought it was some kind of contest. Then I realized, I must be an idiot, I never entered any contest
    post edited by Ognis - 2007/07/17 17:49:17
    #10
    wickerman
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    RE: My music showing up on odd sites 2007/07/17 21:00:12 (permalink)
    I thought that once you published a song to the web, it secured a form of copyright? Not the case I guess?

    As indie music becomes more mature - what is the poor sap writing and recording this stuff to do, begin filing paperwork for dozens of songs individually, or by the 'batch'? Thanks for the link on IP protection - but following leads to a 404 ERROR. Digging through search function and several pages later and exiting the .gov site I finally get to a list, a long boring list that makes my eyes glaze over.

    And this is ONLY for U.S. protection, right? Last time I looked the web was worldwide and that's the way this stuff is being listened too...all over the world. So what good does a U.S. IP copyright do you when it's some Russian site selling your album for $0.99 ? 6 billion humans on earth, only 300mil are American - that leaves a whole lot of non-U.S. humans out there listening to music via the net, and IMO, indie stuff is on the rise - it's getting better and slowly more people are becoming aware of it's existance.

    I know rules and regulations are only for the good guys, if someones gonna break the law and steal your stuff, well...who's going to stop them?

    Is there not a way to CYA globally? That's what I thought publishing to the web did, somewhere (your hosting service) a record was created that YOU uploaded a creation for the public to listen to, and depending on your file attributes that YOU set - maybe download for free.

    I'd like to understand this better, the chances are slim of being ripped off - but you never know who's scouring the web.....at the very least I'm changing to stream only for the time being - but I'd like my works protected in the event of.


    #11
    kennywtelejazz
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    RE: My music showing up on odd sites 2007/07/18 06:40:43 (permalink)

    ORIGINAL:

    Anyone had exp with your music showing up in places you did not put it, or give permission for ?


    Hey Ognis ,
    that sounds like a bummer......
    I cant say I've caught anybody....( yet)
    but I have had some persistant people e mail me
    asking all kinds of weird requests
    A forum member once used an exerpt of Robo Funk for a jingle for his place of biznezz..
    he asked .. I heard it ..it was OK by me....
    he at least kept me in the loop ......and showed a level of respect and consideration....
    by letting me hear the jingle....
    i did have a lady bug me for 2 weeks asking about a jazz tune I wrote She Was Once A F.......
    this lady tried every trick in the book to get me to give her the OK ....
    she even tried to guilt me to death over the fact that she was disabled ....and a single mother....
    I simply was not interested in where she was looking to take my song....
    especialy after requesting a demo of her music.....and hearing it...

    also had a few inde film companys from the UK ask me for music .....
    to see if I was interested...in composing for thier films...
    the min...I asked for clarifacation of terms ...and what form of compensation they were offering ...
    that was the last I've heard. from them...

    Cant say how I would react if I found myself in the situation you have described....

    after reading your thread I decided to say f..it and put my soundclick page as stream only
    for now

    Kenny

                       
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    #12
    serauk
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    RE: My music showing up on odd sites 2007/07/18 07:30:45 (permalink)
    Hey Terry - technically, registering your copyright in the US gives you some rights in countries that participate in the Berne Convention or the Universal Copyright Convention. Here's a link that explains it: http://www.copyright.gov/fls/fl100.html - however, going after a copyright violation can be an expensive, lengthy, and complicated process, even locally; going after someone internationally is much much worse.

    One thing I've noticed in this thread and other threads about copyright is that a lot of people think that a copyright will prevent people from copying your song in some magical way. All a copyright does is give you the possibility of legal redress if someone does steal your song. You still have to convince the courts that it actually occured. Not unlike armed robbery: its illegal, but people do it anyway, and you still have to prove in a court of law that it happened and that the person arrested for it actually did it.

    Cheers!

    CMWright
    #13
    Spaceduck
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    RE: My music showing up on odd sites 2007/07/22 16:42:30 (permalink)
    ORIGINAL: yep
    Particularrly if nobody's making money off it, I would tend to say any publicity is good publicity

    That's what I say. If nobody's making any money, then what exactly is the offense? If anything, these people think highly enough of your music to post it on their site and eat up their bandwidth. That should be taken as a compliment

    It happened to me once. I admit my instinct was to get pissed off at them for using it without my permission. But then a few months later they took it down for some reason, and I suddenly felt all sad & empty inside I say enjoy the free publicity dude!
    #14
    pjfarr
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    RE: My music showing up on odd sites 2007/07/29 07:53:47 (permalink)

    ORIGINAL: Spaceduck

    It happened to me once. I admit my instinct was to get pissed off at them for using it without my permission. But then a few months later they took it down for some reason, and I suddenly felt all sad & empty inside I say enjoy the free publicity dude!



    Haha. Cute. And I totally get the mixed emotions thing.

    I had some original graphics on my webpage and I found out that one in particular was being hot-linked by several other people/websites. It was being used as an avatar in some European forum, as a background image on an indie band website (but not as a logo) and a few other similar instances. It wasn't hard to follow the "paper trail"; my website's traffic log showed this particular image was found via google search, the exact search terms that were used to find it, and also listed the full URLs of the pages where it was being used. I visted each one and was satisfied that no one was using it commercially or claiming it as their own (plus my copyright © info was intact). It didn't bother me and I felt flattered as a result. Of course, I wouldn't have any idea if the image was actually copied and used someplace - and probably never will.

    Anyway Ognis, personally I think since no one's making a profit from your stuff and they're giving you full credit for the material it's probably not something to be too concerned about, although I can fully appreciate your unease.

    Also, I think you can find out a website's owner and contcat info via a domain name registry like THIS.
    #15
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