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Started April 23rd, 2013 · 18 replies · Latest reply by qubodup 10 years, 7 months ago
Hello,
One month ago I created a YouTube channel called FunSoundTube (FST) and I would like to hear your thoughts regarding the legality and morality of the channel.
The channel consists of sounds that were downloaded from Freesound under CC0 and Creative Commons Attribution 3.0 License (CC-BY).* Legally, each video might be either a re-distribution or an adaption (aka derivative work), as stated in 1. a. of CC-BY :
For the avoidance of doubt, [...] the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
* Licensing can be easily changed on Freesound but Creative Commons licenses are not revocable, meaning that if you download a file while it's under license A, you can use that downloaded copy under license A, even if the user changes it to license B on freesound.org.
The images were generated locally (not downloaded from Freesound) and they are adaptations of the sounds.
Purpose
Promote Freesound.
Set a standard on how to respectfully share Freesound works on YouTube.
Respectfully and legally share sounds that don't require attribution (CC0 sounds are given attribution) to YouTube users.
Respectfully and legally share CC-BY sounds to YouTube users.
Share ad revenue in forms of donations to Freesound.
History
In 2011 I was frustrated with how little OpenGameArt was noticed as a resource for game development and seeing that some sound effect videos are popular on YouTube, I created 16 Robot Sound Effects [High Quality] to promote it. I did this two more times with Metal Iron Clang Sound Effects for Games, Sword SFX Sounds [High Quality] and Dragon Lizard Monster Sound Effects Sfx [High Quality Free Download].
End of 2011 I noticed that many CC0 sounds from Freesound became available on YouTube without attribution, I think mainly on the Jojikiba channel, which motivated me to do the same but with including attribution information, both for CC-BY and CC0. I created approximately 100 "videos" of sounds on my channel. I hoped that providing full credits makes users prefer these sound-"videos", pressuring other channels into giving credits, when they don't have to.
In 2013, the SEF (see "Further reading" below) scandal made me look more into sound "videos" on YouTube and I discovered huge numbers of them, none including satisfying attribution information (I'm not saying the sounds I found are all from Freesound - I don't know their sources). I decided to start a channel to enter this space and bring legal behavior (following license requirements) and good behavior (giving credits to CC0 sounds) into it. On the FST channel, video image contains full credits, as does the video text description and the standard reply to "May I use this?" comments is: "If you want to use this sounds, click on the “show more” link in the description of the video and you will reveal the author, download link and link to the terms of use."
Before writing this thread, I have only told one user who discovered the channel and contacted it and the administrator of this site about it. I am looking forward to your feedback.
Statistics
http://qubodup.net/fst/
This is a temporary minimal set of statistics. Suggestions are welcome!
Further reading
"SoundEffectsFactory" youtube channel (SEF) freesound forum thread brought up many issues of duplicating sounds on YouTube.
Please tell me your thoughts about this channel either by replying to this thread or if you prefer a private conversation: write me a personal message or an email ( qubodup@gmail.com ).
Speaking personally, I appreciate everything about it.
More exposure for Freesound, proper crediting of the authors...
Thanks for deeming some of my sounds worth reposting
Personally: It is OK for me to have my sounds featured at YouTube.
In FreeSound context: Your idea to promote fair usage of FreeSound sounds at YouTube
is morally right - because it stands against people who have misused FreeSound resources.
It gives to both FreeSound and to its users wider recognition, and provides example of fair use
of sounds. My vote is YES
SoundEffectsFactory wrote:
FunSoundTube has just been taken down for repeat offenses of copyright infringement.
I'm sorry but that is absolutely corrupt. Judging by the extreme difference in ethics attached to both your activities.
This is just wrong
qubodup wrote:
Regarding the FunSoundTube channel being off-line: there will be an update, as soon as the situation has been resolved.
What happened?
I reckon SEF filed multiple complaints against the channel. It would explain why he came he to broadcast the news in a couple of different threads. It wouldn't surprise me.
I'm afraid I have no explanation.
I noticed the channel being down and then saw a notification of <a href="http://www.youtube.com/watch?v=zdrKoK723Pw" rel="nofollow">http://www.youtube.com/watch?v=zdrKoK723Pw</a> getting taken down specifically. The message on that page currently says "This video has been removed as a violation of YouTube's policy against spam, scams, and commercially deceptive content."
I am not aware of FunSoundTube violating YouTube policy.
I filled out <a href="http://support.google.com/accounts/contact/suspended?p=youtube&rd;=1" rel="nofollow">http://support.google.com/accounts/contact/suspended?p=youtube&rd;=1</a> multiple times and received the response "We’ve looked into your request and we’ve found that there is already a pending appeal for your account. Please wait for the result of your current appeal. Thanks for your patience!".
A human response told me (for some reason in German, so here translated/paraphrased):
Unfortunately we can't give you additional information. Your channel was blocked because of repeating violation of terms of use and copyright violations.Additional information can be found at: <a href="http://support.google.com/youtube/answer/2801973" rel="nofollow">http://support.google.com/youtube/answer/2801973</a>
Suggestions as to what the issue might have been are welcome.
qubodup wrote:
... Suggestions as to what the issue might have been are welcome.
If SEF was responsible for closing down the competition [ gloating about the closure here* ] I'd like to know how he managed it.
IIRC FunSoundTube, unlike SEF, gave on-screen attribution to the specific Freesounds used and , unlike SEF, had different visuals for each video.
Were the different images also public-domain / attributed ? , if they were infringing-copyright that could be a reason for a take down.
[ * That link doesn't work now : the gloating post by SEF has was deleted minutes after I posted that link. Thankfully AlienXXX had quoted that , now deleted , post here , so deleting that six-month-old post was futile and counter-productive ]
I'll repost it here ...
SoundEffectsFactory wrote:was www.freesound.org/forum/legal-help-and-attribution-questions/33381/69357/ [deleted minutes ago]
Ironically, qubodup's "Sound Channel" FunSoundTube which he instinctively made after my channel was brought to attention here has just been shut down for repeat offenses of copyright infringement.
Iwan I really doubt that you did anything wrong judging by your proper legal behaviour on here. Maybe the administrators that handled your ticket on Youtube didn't really understand how CC works in terms of redistribution. Or, they received so many take-down requests that they had no choice but to disable your activity. There is only one person who would have filed multiple complaints against you...
Well, I have to admit that is quite a reasonable explanation...sounds plausible, and something I overlooked. I didn't know Youtube were so strict on the use of audio, though it sounds a bit odd to me.
Sorry, I don't have a Youtube channel, so I'm not fully aware of these things.
SoundEffectsFactory wrote:
I can honestly say ...
LOL
SoundEffectsFactory wrote:
The six-month-old post SEF recently attempted to delete had a screengrab which only mentions "copyright infringement" as the reason FunSoundTube was "terminated", here's a copy ...
... The channel was taken down from acquiring 3 Community Guidelines strikes. The final termination had nothing to do with his legal behavior. (If it was just copyright strikes then it would have said so). So please stop assuming that I filed a bunch of "claims" against him.
http://imageshack.com/a/img203/6636/iz3x.png
[ No point in deleting the original screengrab on gyazo.com ]
SoundEffectsFactory wrote:
It really is his own fault for uploading that many sexually explicit sounds, the fact that he is clueless on the cause is quite unbelievable to say the least.In fact, YouTube stresses this as one of the first Community Guidelines to be listed:
YouTube's Community Guidelines wrote:
YouTube is not for pornography or sexually explicit content
If posting orgasmic sounds are grounds for termination of a YouTube, how has SEF got away with it for years ? ...
http://imageshack.com/a/img27/3268/rt6j.png
[ perhaps because it sounds more like a cork being pulled from a bottle :¬)
But putting "orgasm" as a tag gets the view$ anyway, regardless of the actual content ].
SoundEffectsFactory wrote:
... sounds of teenage girls orgasming ...
So you can tell the age of a female purely by the sound of their orgasmic vocalizations ? , now there's a talent.
How old is this one ? ... http://www.youtube.com/watch?v=ZzOQb25o8yc , is she "teenage" and consequently potentially illegal ?
[ better ask the person who apparently made the recording to check her age ... http://freesound.org/people/sapht/sounds/37987/ ].
SoundEffectsFactory wrote:
... the 10+ that FunSoundTube uploaded that were also alot more explicit and longer in length.
You seem to know an awful lot about FunSoundTube's allegedly "explicit" videos, and yet you claim ...
SoundEffectsFactory wrote:
I can honestly say I had NOTHING to do with the termination of FunSoundTube.
You claim you were aware of "10+" allegedly explicit videos on a competing YouTube channel which infringed YouTube's terms-of-service, and you didn't flag them ? , pull the other one it's got bells on.
SoundEffectsFactory wrote:qubodup wrote:
Suggestions as to what the issue might have been are welcome.I can honestly say I had NOTHING to do with the termination of FunSoundTube. The channel was taken down from acquiring 3 Community Guidelines strikes. The final termination had nothing to do with his legal behavior. (If it was just copyright strikes then it would have said so). So please stop assuming that I filed a bunch of "claims" against him.
I remember looking at his top viewed videos a quite a while ago and to my discovery I found at least 10 sexually explicit sounds that he uploaded, obviously to get views (which they did). Including sounds that contained Female Orgasms, people Masturbating, and other sexual moaning sounds. About a year ago I had acquired a single community guidelines strike for something similar which is why I have stayed away from these types of sounds as YouTube takes it quite seriously. All it would have taken was for 3 of those videos to get removed from his channel to get terminated.
It really is his own fault for uploading that many sexually explicit sounds, the fact that he is clueless on the cause is quite unbelievable to say the least.
In fact, YouTube stresses this as one of the first Community Guidelines to be listed:
YouTube's Community Guidelines wrote:
YouTube is not for pornography or sexually explicit content
SoundEffectsFactory wrote:
I remember looking at his top viewed videos a quite a while ago and to my discovery I found at least 10 sexually explicit sounds that he uploaded, obviously to get views (which they did). Including sounds that contained Female Orgasms, people Masturbating, and other sexual moaning sounds. About a year ago I had acquired a single community guidelines strike for something similar which is why I have stayed away from these types of sounds as YouTube takes it quite seriously. All it would have taken was for 3 of those videos to get removed from his channel to get terminated.
SoundEffectsFactory wrote:
I don't blame qubodup for not wanting to disclose the real reason behind his termination, I'm sure by saying that he was terminated from YouTube for uploading multiple sounds of teenage girls orgasming, I would be hesitant to say that too.
FunSoundTube received 2 "Community Guidelines warning strike" and all copyright claims, including fake ones, were resolved. At the time when FST received the latest Community Guidelines warning strike, the other one had timed out a while ago.