Video Removed: Copyright Infringement

I received this e-mail from DMCA Complaints at YouTube

Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Schott Music GmbH & Co. KG claiming that this material is infringing:

Carmina Burana: http://www.youtube.com/watch?v=En0XItmxnEI

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube’s copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.

I decided to look up Schott Music and write them to see what exactly violated the copyright in an effort to not repeat this mistake. The video was only about 30 seconds long and recorded at a free outdoor event. I’m assuming that they either own the rights to Carmina Burana or the Grant Park Orchestra – either way, I’m curious to see what kind of response I get.

9 thoughts on “Video Removed: Copyright Infringement”

  1. Did a quick search on YouTube for “Carmina Burana” and the first 5 links that showed up have also been taken down for copyright infringement! Fascinating…

  2. How dare you infringe on the digital rights of music publishers? Do you know that somewhere there is a musician who is starving and struggling to get by on almost no money or possessions, waiting for his talent to be recognized?

    And somewhere there is a multi-millionaire sitting in a large mansion in the Hollywood hills, waiting for the opportunity to give the starving artist 2 cents for every dollar in revenue that his music sells.

    You are taking away that millionaire’s ability to exploit struggling musicians. At the same time, by sharing that music, you are exposing others to an experience they didn’t have and might want to experience themselves. You have a lot of gall.

  3. P.S. You should have included a critique of the piece in the posting. That way, you can claim that you were using a excerpt for a specific reason. You are completely entitled to use a portion of any work for criticism, or parody for that matter. So you could have mocked it if you wanted to.

  4. Carmina Burana has about a few years left on their copyright. Anything created between 1924-1964 has a copyright of 95 years in the US (no death limitation for those dates in the US). Carmina Burana was created in 1934-36, so 1934 + 95 = ~2029. If it was created before 1923, the copyright would be gone. In most other countries its based on the time after the compose has died, anywhere from 30 to 70 years in many cases.

  5. A mi tambien me an retirado un vídeo, y no acabo de entender muy bien porqué.. si el que canta soy yo. Tambien e hecho un escrito a ” Schott Music GmbH & Co. KG” pero no se nada todavía.
    Lo e vuelto a colgar a ver que pasa jeje..

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