Freesound Forums

Hey guys, Sandyrb here.

Recently a fellow user put me wise to this:

http://youtu.be/bnKTpw6urfI

As you can hear, this record uses my sample 'The Angry Trout' (109136) in its intro. I wasn't contacted for permission. Neither, as far as I can tell, am I attributed/credited for its use.

What do you think?

Cheers,
Sandy.

I would suggest, in first instance to contact the uploader of th evideo on youtube and state the issue. The sample's license is "attribution", which even allows for commercial use.
So if he/she adds an attribution line to the video description on Youtube, case closed. Right?

Here are more versions with the anasaphone on YouTube ...
http://www.youtube.com/watch?v=1cmrrn29rdY
http://www.youtube.com/watch?v=ECH4uPRAP_E [ claims "fair use" but that's BS ].
http://www.youtube.com/watch?v=CNqqZztdq8g

The people who put up these YouTube videos cannot be fans of the artist as they are stealing from them, ( even if their YouTube wasn't "monetized" , which they usually are ).

sandyrb wrote:
... Neither, as far as I can tell, am I attributed/credited for its use.
What do you think?

AlienXXX wrote:
... if he/she adds an attribution line to the video description on Youtube, case closed. Right?

Who wants to have their name to appear on the work of a thief ?

In this instance I would complain to YouTube, (see my guide here), who should remove the offending video. If the YouTuber files a false counter-claim against you to keep the video on YouTube and earning , set the record-company on them, whose copyright they have also infringed.

UPDATE: the ansaphone version is on what appears to be the official "nataliakills" website ! ...
http://www.nataliakills.com/2013/08/27/controversy-music-video/
[ The youtube "bnKTpw6urfI" is embedded in that nataliakills.com webpage ]

If major-league record-companies* are involved , Bram our benevolent dictator, apparently has experience dealing with them.

[ * in this case Interscope/Polydor ]

A final thought : what about the person who left the foul-mouthed voice-mail, do they have reproduction-rights to their obscene performance ?. They knew they were being recorded but I doubt they would have ever imagined their verbal-abuse would be broadcast across the planet.
http://www.avvo.com/legal-answers/copyright-of-a-voice-message-left-by-someone-else--342958.html

Hi folks.

Thank you so much for your replies. It was clear to me from word one that the record label behind the artist is to blame.

I'll check out what Bram found out / did and then see what becomes of it. In my experience of dealing with larger labels, they win. Which is just one of the reasons why I've hated and tried to avoid working for them for at least a decade.

Yes, I wondered about the lass who left the message. Is she owed royalties? She called the studio's number by accident although clearly didn't listen to our outgoing message. She used her boyfriend's telephone to make the call. I wonder if she ever heard the record and found it oddly familiar? Although, judging by her 'performance', her memory of making the call may be somewhat obfuscated.

Thanks again, I'll keep you updated. Any further thoughts most welcome.

Cheers,
Sandy.

[EDIT] PS; As an aside, I've heard my 'USAT BOMB' sound on so many websites, videos and TV shows it's not even funny. If I had a dollar... . . .

You seem like a jerk, OP. Basically you are responsible for uploading an embarrassing voice-mail someone left accidentally to the internet which led to its use in a video with a half a million views. I can't imagine why you think anyone owes you anything.

That people upload music videos that don't belong to them to youtube digresses from your complaint and has nothing to do with your recording.

You should feel bad ;p Though you may legally own the recording, it was mean and petty to upload it. It was worse to request someone make a 'music track' out of it and that you put tags like "bitchy" on it. It's ludicrous that you get mad when someone actually does append it to a music track, and doesn't attribute it to you as if the video has its views because of your recording and not because people were searching for a popular artist.

"In particular but without limitation, users may not use this site in breach of any Intellectual and Industrial property rights (copyright, trademarks, trade secrets, etc.) nor of personal rights such as image, honor, and personal intimacy."

FreeSound, as expected, has a little bit of beef in its ToS about being a creep.

@Womburg
You may want to explain why you decided to make your first post one loaded with insults to another user.
You have been a member for over 2 years and kept quiet that long, perhaps it would have been a good idea to keep quiet a bit longer...

The recording was used without attribution, in a video that is enjoying a considerable number of views. So it is right for the owner of the recording to question if he should do something about it.

As for the terms and conditions you refer to, they are meant to say "if you record someone, you should get their permission."
If someone leaves a message on an answer machine, they know they are being recorded.
If they are too drunk to remember, well that's their problem, isn't it? But being drunk is usually frowned upon if used as an excuse for doing something. Try punching someone in the face and use being drunk as an excuse when explaining yourself to the judge and you will see what I mean.

The point here is: it is OK to disagree and OK to make your point on a public thread. But insulting others, especially on your first post, gives you no kudos. Not in this place.