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Soundcloud music with cc license (to use comercially) gets blocked by youtube

  • 12 April 2015
  • 2 replies
  • 3839 views

Hi,

yesterday I uploaded a video with a lot of creative commons content on Youtube.
Unfortunately youtube denied to monetize the video because of the music.

The music was found on soundcloud and was licensed under CC Attribution-NoDerivs 3.0 Unported.http://creativecommons.org/licenses/by-nd/3.0/

The song was a 40 minutes party-minimal remix.
YT denied this song because there was a 10 seconds part which included a copyright part.

After 10 hours cuting and puting together my movie, this was a very frustating result.

Is there a way to avoid such a disappointment for the next time?

Or do I have the right to raise an objection against the refusal from youtube?

Facts: Soundcloud-Music with CC Attribution-NoDerivs 3.0 denied for monetizing at Youtube cuz of copyright claim.
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Best answer by IXK 12 April 2015, 22:20

Hello Richards,
First things first, I am not a soundcloud representative and copyright issues seem to be fairly complex, so I won't be able to answer all your questions, but I am sure the copyright team from Soundcloud will be able to fill in the holes in my post as soon as they can...
If I understood you right, you have used a mix from soundcloud, and not just individual tracks. If you use a mix, that was 'labeled' with the CC license, there is always a chance that one of the tracks that were used in the mix was not under a Creative Commons license and it might get blocked on YT.
The second thing that comes to my mind is, that since you are trying to monetize on you tube but you downloaded the tracks/mix from soundcloud- this might be an issue. It seems logical to me that if you are using music in your video, youtube might want you to use music which is 'registered' with them. Because A- there is a lot of audio on youtube you can use , and B- since the audio is 'unknown' to youtube, the youtube service ( software platform) can't know if you are using a copyrighted audio or not . That just seems logical to me. However, I am by no means well informed on the you tube matters. And perhaps, it would be smart to ask the questions on the youtube forums/ support site .
"Is there a way to avoid such a disappointment for the next time?" . Here is my suggestion to you. Next time you do a video, if you want to use a whole mix- make sure, that the dj who mixed it is legit, meaning that the mix was using only tracks which were published by a Creative Commons License, however the one that allows you to modify and remix the content and redisribute it. However, you would need to research all of the tracks in the mix lol . So you could either find a dj who has a history of mixing only and exclusively tracks who are underground and free to download, remix and distribute . You would have to do a research on that too.
I doubt you would have the time to do all this research on your own, if 10 hours of working on a video is considered a lot of time. So if I were you, I would either download individual tracks with the appropriate license and mix them my self or hire a dj to do that.
Finally, the license CC Attribution-NoDerivs 3.0 , clearly states that redistribution of derivative works is not allowed. I quote "NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material. " . Since you are mixing the audio with your video, that clearly sounds like a derivative work to me. This CC License should be more along the lines of your needs - http://creativecommons.org/licenses/by-sa/4.0/ .
I hope that helps a bit. Let me know if I could be any more helpful.
Greetings.
IK

PS: As to your statment "10 hours cuting and puting together my movie, this was a very frustating result." ... Please do keep in mind, that quality music often takes days, even weeks to be produced, mixed, mastered . In some cases it might take less, but those musicians/producers/artists who have the skills to do high quality music faster, those people have invested years of practice, learning and perfecting their techniques, and have sacrificed a lot to be able to produce a great song in a few hours or in a day. If you are not interested in good quality sound, there is tons of free to use tunes on yt 🙂 Just saying... So please be aware of that 🙂 IK
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Userlevel 5
Hello Richards,
First things first, I am not a soundcloud representative and copyright issues seem to be fairly complex, so I won't be able to answer all your questions, but I am sure the copyright team from Soundcloud will be able to fill in the holes in my post as soon as they can...
If I understood you right, you have used a mix from soundcloud, and not just individual tracks. If you use a mix, that was 'labeled' with the CC license, there is always a chance that one of the tracks that were used in the mix was not under a Creative Commons license and it might get blocked on YT.
The second thing that comes to my mind is, that since you are trying to monetize on you tube but you downloaded the tracks/mix from soundcloud- this might be an issue. It seems logical to me that if you are using music in your video, youtube might want you to use music which is 'registered' with them. Because A- there is a lot of audio on youtube you can use , and B- since the audio is 'unknown' to youtube, the youtube service ( software platform) can't know if you are using a copyrighted audio or not . That just seems logical to me. However, I am by no means well informed on the you tube matters. And perhaps, it would be smart to ask the questions on the youtube forums/ support site .
"Is there a way to avoid such a disappointment for the next time?" . Here is my suggestion to you. Next time you do a video, if you want to use a whole mix- make sure, that the dj who mixed it is legit, meaning that the mix was using only tracks which were published by a Creative Commons License, however the one that allows you to modify and remix the content and redisribute it. However, you would need to research all of the tracks in the mix lol . So you could either find a dj who has a history of mixing only and exclusively tracks who are underground and free to download, remix and distribute . You would have to do a research on that too.
I doubt you would have the time to do all this research on your own, if 10 hours of working on a video is considered a lot of time. So if I were you, I would either download individual tracks with the appropriate license and mix them my self or hire a dj to do that.
Finally, the license CC Attribution-NoDerivs 3.0 , clearly states that redistribution of derivative works is not allowed. I quote "NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material. " . Since you are mixing the audio with your video, that clearly sounds like a derivative work to me. This CC License should be more along the lines of your needs - http://creativecommons.org/licenses/by-sa/4.0/ .
I hope that helps a bit. Let me know if I could be any more helpful.
Greetings.
IK

PS: As to your statment "10 hours cuting and puting together my movie, this was a very frustating result." ... Please do keep in mind, that quality music often takes days, even weeks to be produced, mixed, mastered . In some cases it might take less, but those musicians/producers/artists who have the skills to do high quality music faster, those people have invested years of practice, learning and perfecting their techniques, and have sacrificed a lot to be able to produce a great song in a few hours or in a day. If you are not interested in good quality sound, there is tons of free to use tunes on yt 🙂 Just saying... So please be aware of that 🙂 IK
Hey Richard,

First off, in a perfect world you are absolutely correct that the cc-by music you got from soundcloud should not get a copyright claim on it. Unfortunately that isn't the case but I can help you understand what is happening.

Case 1: Someone mixes a song or uploads a song they don't have the right to upload and licenses it as cc-by or cc-by-sa. In this case the song was never cc-by or cc-by-sa in the first place so youtube will put a copyright claim on it.

Case 2: An artists releases a song as cc-by but a copyright claim comes up on YouTube. If you have given proper attribution in the description, you should file a copyright claim dispute and they "should" revoke the claim. Often it is third party companies submitting the claim on behalf of artists they have worked with in the past and it isn't malicious. It is hard to know who obtained what music under what license and they are doing their best to protect the artist. I've had a couple of claims revoked after proving where I got it and that the artist released it as cc-by.

Case 3: An artist maliciously uploads a song as cc-by trying to get as many YouTubers to use the song as possible. Then they go after everyone who has used it and submit a copyright claim, but allow the continued use of the song as long as they get all the proceeds from monetization. Great business model isn't it? In this case I would still submit a copyright claim dispute. Seems a little dirty and tricky but that even happens on YouTube's built in audiolibrary. Sad I know.

The reason I know this is because I've been building a music library of songs to monetize on youtube. When I run into this problem I dispute the claim, and if it isn't revoke I delete the song from the channel. That way anyone who uses my channel as a reference for cc-by music can be sure that this problem doesn't occur because I've already tested it. https://www.youtube.com/channel/UCRE4GJzmvJ0iziFWS6Yau_A

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