Question

Copyright Dispute

  • 4 February 2017
  • 7 replies
  • 517 views

I uploaded a song " Alright" written and recorded by me, and it was rejected and taken down, I put in a dispute and it still was rejected.

I am the sole owner of the song and the sole owner of the label " WaterFall Records" here is the website http://www.waterfallrecordings.com

I wrote the lyrics, I played the music and I recorded it. the song is released through my label WaterFall Records and is distributed through The Orchard. I am the artist known as SweetKenny here is my website http://www.sweetkenny.com

if you need more info about me please contact me my soundcloud is https://soundcloud.com/sweetkenny

Thank you so much

Kenneth M. Sutton

This topic has been closed for comments

7 replies

Hi Kenneth,

I don't know how your music is being released, so take this information for what it is... information to explore. I also don't speak for SoundCloud... I am a fellow artist.

If you have released your music with a music distributor like CDBaby, your track may now be fingerprinted by those services. If you additionally registered your track with a performing rights service (i.e., BMI or ASCAP), this may be a double whammy to your track. Even if you don't register the track with a performance rights service, your track is still fingerprinted by CDBaby. Additionally, many audio services like SoundCloud (and especially YouTube) now subscribe to these fingerprinting services. This means that your track was likely scanned and identified as not only a commercial track through the identification service, it may have been taken down if SoundCloud is required to pay royalties on that track. I don't know how SoundCloud manages its royalties payment system, but SC likely doesn't want tracks on the service that require them to pay-for-play royalties since they don't collect money from most users on the service.

Since I don't know how your track has been released to the public or what 'digital protections' may be wrapped around that track, you should investigate with whom you've released and/or registered the track.

For example and coming from experience, I know that CDBaby registers all released tracks to a fingerprinting service that YouTube (and likely SoundCloud) uses. When I attempted to use my own CDBaby published track on YouTube, YouTube's recognition system found the track registered through CDBaby and marked the video with this found content. My track was only registered through CDBaby, not through a PR service. YouTube didn't take down the video, but it did label the video with the track name. I believe that this commercial music ID prevented placing ad monetization on video, even though it was my own music.

What I would suggest is if you want to release a track here on SoundCloud, make sure the release is unique to SoundCloud only. That is, create a unique SoundCloud exclusive remix of the track that cannot be identified by fingerprinting services. It's the safest bet to avoid identification and takedowns.
Thank you brother,

The Orchard is Sony Music, soooooooooooo they tagged it... ugg!

thank you for your input, good stuff to know, you gotta love this stuff. Beep beep!!
Thank you brother,

The Orchard is Sony Music, soooooooooooo they tagged it... ugg!

thank you for your input, good stuff to know, you gotta love this stuff. Beep beep!!

Sorry, I had missed you said the Orchard. But yes, having looked at the Orchard's site, it does appear Sony is involved. But, it's less likely that Sony is the culprit here, even though they are involved. It's more likely that the Orchard, like CDBaby, has registered your audio content with a fingerprinting service that SoundCloud uses. If you also had your track registered to a performing rights org at the time of your distribution, that may have also contributed to the takedown.

You may be able to reach out to the Orchard and submit your SoundCloud account to the Orchard to be 'whitelisted'. Once 'whitelisted', this means you will be able to post your tracks to this account without being flagged, tagged or taken down. You'll need to reach out to the Orchard and ask them if it's possible and how to set this up.

Good Luck.
I use a German distributor, Paradise, for digital tracks. Whenever I send a new release to them I always add the SoundCloud accounts of artists new to my label, or any online magazines that want to do previews of the tracks, for whitelisting. I haven't had a problem with a copyright dispute since I started doing that.
Hey thanks both of you, you both gave some good info on this, it'a not really a big deal that the song was taken down, it shows me that sites are on their toes when it come to copyright but soundcloud could give a reason as to why and not just rejected, it would be nice to see who has placed the claim on our songs instead of guess work on our part, but all is good!!

Once again Thanks!!
Userlevel 7
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Hi there SweetKenny,

Thanks for following up on this here on the community. If this requires further assistance from SoundCloud's end, please reach out to the team directly via copyrights[at]soundcloud.com.

Best
Mathis
Hi Mathis,

Thank you, I'll send the email now, like I said it's not really a big deal about the song but it is good to see your on your toes at soundcloud on copyrights.
once again Thank you!!