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Started February 1st, 2013 · 426 replies · Latest reply by Timbre 9 years, 3 months ago
I was not so pleasant I understant mirroring sfx and crediting but not writing under someone's elses's work.
qubodup wrote:
… Which indicates that the user might be oblivious to the terms of the licenses on Freesound.
I've been told "last year" "SoundEffectsFactory" reluctantly* added credits to some Freesounds they had used without attribution when the creator became aware of it and contacted them, (* I'm told two emails were necessary, the second threatening to complain to YouTube ). So this individual is currently aware that Freesounds require attribution (with the exception of CC0).
qubodup wrote:
I do not believe that requesting donations breaks Creative Common NonCommercial (NC) terms (there are many who think that way though) but the fact that ads are enabled for that video definitely breaks the terms of a NC license.
My internet browsers don’t display the ads on YouTube , so YouTube ads are a mystery to me. Does "SoundEffectsFactory" get paid every time someone looks at one of “his” YouTube videos ? , (a large fraction of which are Freesound samples without attribution). Bear in mind his Youtube channel has had over 4 million hits , ( if he does get paid per view I can see how he can afford to go skiing ).
I feel that one notification should be enough warning. A user like "SoundEffectsFactory" shouldn't be allowed to continuously violate licenses without some kind of action. If i'm to be honest, i would send an email, and if this wouldn't solve anything, i'd notify youtube. Simple as that.
It's not like SoundEffectsFactory don't know about the licenses. From what i can read, he/she/they has been noticed several times.
I would say, that it's time for site admins on youtube to take action.
Timbre wrote:My internet browsers don’t display the ads on YouTube , so YouTube ads are a mystery to me. Does "SoundEffectsFactory" get paid every time someone looks at one of “his” YouTube videos ? , (a large fraction of which are Freesound samples without attribution). Bear in mind his Youtube channel has had over 4 million hits , ( if he does get paid per view I can see how he can afford to go skiing ).
No is the answer. User's don't get a penny.
The only way to get money as far as I know is with the Youtube partnering programme, but that's a different kettle of fish.
[edit]
Perhaps this person is in partnership with "adsense"
Its a little unclear though on second glance.
here is an answer to the "Youtube partnership program":
http://answers.yahoo.com/question/index?qid=20080929150901AAyOVyR
I am sorry to say that whether this person(s) are making money or not (and they ARE asking for donations, so they at least intend to make money), they are in total and disrespectful disregard for Freesound, all Freesound users and CC.
I am even not bothered if someone uses one of my sounds, creates something with it and never gives me attribution or tells me about it. Fine.
But when someone just lifts other people's work, in bulk, and makes it pass as their own. That is just gross.
Has someone contacted Bram and the site admins about this?
Would be great if instead of just a couple of individual user's complaints, Youtube received a polite notice from Freesound.
Mr SoundEffectsFactory should come back from his relaxing sky holiday and find his SoundEffectsCOPYfactoy had been closed on youtube...
This is particularly disgusting:
>>MrSavvyTV - 3 months ago
"may i use this?"
>>SoundEffectsFactory - 3 months ago
"Of course, just please credit me in your project by preferably putting a link to my channel in the description of your video. This goes for everything on my channel "
And this:
>> VFXApprentice - 1 month ago
"This is a message to the owner of this... are these royalty free? because i am making a video for 'TropJr' (A junior film making competition) and there are strict rules against copyright. I will mention you in with the credits... Please respond As Soon As Possible! Thanks "
>>SoundEffectsFactory - 1 month ago
"As far as I know according to what I have been told in licence agreements and statements from distributors, all the content on my channel is royalty free/copyright free under public domain and creative commons attribution licences."
If you use a browser/connection that does not filter out ads, you will see that there are sometimes ad videos shown before the actual video and overlay ads at the bottom of videos playing back ( http://i.imgur.com/Gh572MY.png ). Users get (partial?) revenue from that.
Any YouTube user has the potential of becoming a partner that may enable additional ads in and around their video.
I recently started playing this "YouTube SFX library game" as well, as you can see in my SFX playlist, although I hope that my method of attribution is respectful of the CC Attribution 3 license. (Please feel welcome to criticize/discuss this openly or privately qubodup@gmail.com )
Sounds like the user is aware of legalities and there's no sense in holding back reporting their videos that infringe upon our (copyright holders' of infringed-upon sounds) rights.
Yeah, this is really a bummer to find out. Like someone else mentioned before, I don't even mind when people use my sounds without attributing them, as long as they're actually creating something. But this youtube user is just syphoning attention away from freesound.org and stealing the work of its users. Hell, even when the band Prodigy used one of my sounds from freesound.org without attributing me, I accepted a deal where they just gave me a dollar and promised to attribute the sound in the future. At least they were creating something.
I'm certainly no fan of DMCA, but I found myself actually submitting the form against this youtube user.
nicStage wrote:
Hell, even when the band Prodigy used one of my sounds from freesound.org without attributing me, I accepted a deal where they just gave me a dollar and promised to attribute the sound in the future.
nicStage wrote:
At least they were creating something.
nicStage wrote:
I'm certainly no fan of DMCA, but I found myself actually submitting the form against this youtube user.
qubodup wrote:
If you use a browser/connection that does not filter out ads, you will see that there are sometimes ad videos shown before the actual video and overlay ads at the bottom of videos playing back ( http://i.imgur.com/Gh572MY.png ). Users get (partial?) revenue from that.
Thanks for the screengrab, I'd never seen YouTube ads. I just had a go at looking at them directly and had to switch off three ad-blocking addons to do it. My CPU went mental as it downloaded animated adverts and I and was subjected to "Mature Dating" images: worse than "mutton dressed as lamb", more like a drag-queen contest. I'm never going to switch ad-blocking off ever again.
SoundEffectsFactory wrote:
I understand most of you are upset but I ask that we can come together and work out a solution that works out for both of us.
Unfortunately, I lost my calmness and wrote a YouTube DMCA complaint for http://www.youtube.com/watch?v=-4dNYAJlOVk a few hours before you contacted me. I assume you will get the chance to prove that you have permission to use the sound. You might be able to use this forum post as proof that you do (more text for this purpose below).
My personal idea of a CC-BY-appropriate attribution without the author specifying it would be to contain the following in the video itself (can be added as annotation which is either shown all the time or during the last 5 seconds or so in short videos) and in the video description:
Sound Credits (or something like this):
"Sound name" by "Author name"
URL to sound
License name (can be short) License URL
In the case of my sound:
Sound Attribution:
"Massive Fireworks Orchestra (Zoom H2 No Gain)" by qubodup
http://www.freesound.org/people/qubodup/sounds/143974/
CC-BY-3 License http://creativecommons.org/licenses/by/3.0/
As for Freesound's view on this, see http://freesound.org/help/faq/#licenses-1
FOR YOUTUBE:
Dear YouTube employee, the copyright dispute over my sound has been settled between the two parties (me, SoundEffectsFactory) since I filled out the Copyright Infringement Notification. The dispute can be marked as resolved now. Sorry for reporting earlier than I should have.
Just few things that must be done on your Youtube channel:
- mention any word about Freesound and other resources
- credit all the authors with attribution licences in description of the sound
- if someone writes that sound can't be used commercially (no releases, accidental people voices or instrument playing) because it's for editorial use do not use it in monetized videos.
Looking at your channel now every visitor draws conclusions that sounds are made by you and you do it to earn money on ads and donations. So understand our reactions.
SoundEffectsFactory wrote:
(Look it up, im not the only one that does this).
That doesn’t stand up in court: that there were other people looting is not an effective defence.
SoundEffectsFactory wrote:
… I personally contacted the member through freesound and asked for commercial use permission
I note you’re not stating that you received permission, only that you “asked”.
SoundEffectsFactory wrote:
… I have credited himself ["Setuniman"] and his freesound profile in the description of those videos.
So you know to credit Freesound contributor Setuniman on your YouTube channel, yet the other Freesounds you’ve re-posted there don’t receive the same treatment, why is that ?, Oh I know, Setuniman discovered you were using his work without accreditation and contacted you about it, and the other Freesound artists whose work you’ve used without credit have yet to find out.
SoundEffectsFactory wrote:
… I don't really know he is the original artist.
Simple solution, publish the source of each of the sounds that you re-post on your YouTube channel :
include a link in the YouTube description to where you got it , then everyone knows where they stand and Freesound creators get the attribution they are legally entitled to.
SoundEffectsFactory wrote:
" am willing to work with you and the freesound community."
We don't need to work with you, you on the other hand need to give Freesound samples attribution when ever you use them: you are legally obliged to do so if you use Freesounds, (see the Freesound licensing terms … http://www.freesound.org/help/faq/#licenses )
SoundEffectsFactory wrote:
Perhaps in the future I will tell people to credit the artist of the sound(s) instead of myself.
There’s no “perhaps” about it, if you use Freesounds other than CC0, you must give the creator attribution to comply with the Freesound licence. That “Your video does not provide proper attribution or credits as required by a license” is sufficient reason for YouTube to take down a video. If you get enough videos taken down “perhaps” YouTube will take down your entire channel in response to your chronic offending.
SoundEffectsFactory wrote:
… I ask that we can come together and work out a solution that works out for both of us.
Freesound contributors do not have to work with you to accommodate your lazy, unethical and currently illegal use of Freesound samples. If you use Freesounds you have to comply with their Freesound license. it’s as simple as that. It’s up to you to go through all the videos on your channel and give credit where it is required, not for Freesound (or other) artists to trawl through the content of your Youtube channel looking for their unaccredited work, (earning you more YouTube views/hits in the process).
[ This link may be of assistance ... http://www.freesound.org/people/SoundEffectsFactory/downloaded_sounds/ ]
OK...i'll try again(thanks for your helpful pm timbre)
Original reply:
Thanks timbre,it's good work you've put into this.
soundEffectsFactory "About the donation thing, this idea came from one of my subscribers actually who asked if where he could send money to me cause I had helped him find sounds for a project of his (not just from freesound). So I gave him the link to my paypal and then made the option available for other users. (If this is a problem I can remove it."
Yes,this is definately a problem,and yes you should remove it.you have not credited each sound,just shipped them somewhwere else under your name and then you ask for donations??!!!!!You and any others doing this are the reason i chose an attribution license instead of the zero license.
soundEffectsFactory "No about the main problem supposedly here which is my attribution. From my perspective when it says in the attribution license: give "credit in the way the author specifies" I took it as if it didn't say in the artist's profile a way to give credit that I didn't have to. Some artists on freesound have been very clear in the way they would like to be attributed and I have respectively credited them. But now I realize that assumption that I had before may be incorrect."
That's another bold assumption . It is not maybe incorrect,it is definately incorrect.
SoundEffectsFactory wrote:
I am willing to go through all my videos and credit and fix if any freesound artists were involved (excluding CC0).
In addition to giving the attribution you are legally obliged to do, it would be reasonable / fair / conscientious to give the source of the CC0 samples you re-post on YouTube too, even though you may not be legally required to do so, as …
#1. doing so gives the original host, (e.g. Freesound.org), who has provided you with this content the credit it deserves.
#2. If a source of allegedly CC0 material is found to have offered material which was not CC0,
(e.g. SoundEffectsFactory), consumers can then avoid / remove all the other alleged CC0 material from that source if they do not want to risk being subject to legal action.
You got the CC0 material for nothing and are making money from it, (which you are entitled to do).
That you are reluctant to credit CC0 creators shows how you view the artistes who make you money. It also shows a negligent attitude to your YouTube subscribers and donor$ that you are reluctant to take reasonable measures to try to ensure what you are regurgitating on YouTube is CC0.
BTW you should consider changing the name of your YouTube channel from “SoundEffectsFactory” as it is misleading : factories create things, you have not created the content of your YouTube channel. By giving the impression that you have created the sounds on your YouTube channel you may even be breaching the CC0 license, which is quite an achievement ...
Freesound.org wrote:http://www.freesound.org/help/faq/#licenses
for [CC]"zero" you can do pretty much what you want with the sound. You could even sell the sound, ... but you can't claim you are the author!
I did not follow this post but this is what SoundEffectsFactory writes in his term of use:
*TERMS OF USE:
If you use any of the content I have uploaded on this channel all I ask is that you credit me appropriately.
This is the link to the terms of use: http://www.youtube.com/user/SoundEffectsFactory?feature=watch
EDIT
Here he repeats it as a comment under the film: http://www.youtube.com/watch?v=Bnmp_oAHRC0
one ask: May I use this? credit will be given!
SoundEffectsFactory answers: Of course that's what this channel is for. All I ask is that you follow my terms of use.
this is just two weeks ago
Because of this annoyance I only upload CC0.
Below another "Attribution Noncommercial" Freesound used by SoundEffectsFactory on YouTube without credit but with a request for a donation ...
SoundEffectsFactory wrote:http://www.youtube.com/watch?v=pQEhr0Y15BM
Walking On Pebble Beach Published on Jan 28, 2013Please consider donating to keep these sounds free!
https://www.paypal.com/cgi-bin/webscr?cmd=_donations&business;=C4WCF79HM3F...
which appears identical to ...
Walking on pebble beach.wav ... http://www.freesound.org/people/NLM/sounds/159501/
"This work is licensed under the Attribution Noncommercial License."
( I'm getting RSI posting these offences by SoundEffectsFactory :¬)