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C
Last edited by gpsongwriter; 08/01/15 01:58 PM.
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Could be someone lurking on the boards rather than one of the regular posters. Just a thought...
Still, the www is much like the Wild West. There is nothing to prevent people from doing things like this so your advice is good. Hope you get this straightened out.
Van Borden a.k.a. Buzz Grudge
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If this is true, perhaps you should identify the songs and find out who is making the claim. The copyright registration should identify the authors. It may not help your immediate situation, but it might identify the source of the problem.
Also, what alerted you to the problem?
Last edited by Jack S.; 01/12/07 09:40 PM.
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Greg,
If you posted something here, you established your copyright claim by doing so. (If you documented it somewhere else earlier even better). If someone really DID find something here, then they couldn't possibly establish they had it earlier. So what exactly are you worried about? Your post makes no sense. And if you don't even know who is making the claim, then what are you basing this on?
Paranoia aside, I think you need to take a deep breath and take it one step at a time. If your work was "stolen" then you have proof it was. Not a big deal. And for any actual damages to take place, they have to release it and it has to make money for them. If that doesn't happen, there's really no legal issues involved.
Brian
Brian Austin Whitney Founder Just Plain Folks jpfolkspro@gmail.com Skype: Brian Austin Whitney Facebook: www.facebook.com/justplainfolks"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney "It's easier to be the bigger man when you actually are..." -Brian Austin Whitney "Sometimes all you have to do to inspire humans to greatness is to give them a reason and opportunity to do something great." -Brian Austin Whitney
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Greg - sorry to hear about your problem. Sounds strange - but obviously, as Brian says, you've posted your work on-line - that means any of the 6.5 billion people in the world who have computers have access to your posts and sites.
I would bundle those songs up into a collection and register them with the US Library of Congress pronto. A sealed postage stamp envelope is not considered to be a legal proof of copyright - IMO you need to register your work. However, all your notes from songwriting, etc could be valuable, so keep everything. Even a print out from myspace that shows the date you uploaded them would be valuable.
I hope you get more details soon.
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Greg,
A sealed envelope means nothing. ZERO. ZIP. You could easily mail yourself an unsealed envelope any time, then later put anything you want in it, and then seal it. Doesn't hold up in court. Never has. Never will. It's not a valid way to make claim to something.
As for your myspace problems, why you'd make a claim that drags us into some type of problems you're having on MySpace is unknown to me. Do you even know if the email you got from myspace was even real? Why would you suggest it had any connection to JPF? Based on what? A link you put on a few posts? MySpace has 180 million users. If someone IS making a claim, the odds it's connected to us in any way are less than remote.
Do you have any contentious problems with other users here that we don't know about? Do you have any enemies connected to your music in general? Making a leap to us because you got some unexplained email from MySpace and in the <100 posts you made here you linked your myspace page is the height of paranoia. Do you link your myspace page in the emails you send out? How about your family and friends? Are you suspicious of them too?
Seriously, this is an over-reaction to an unexplained and unidentified problem from an unidentified accuser that may or may not even be real. So why place a "Warning" about our site?
Brian
Brian Austin Whitney Founder Just Plain Folks jpfolkspro@gmail.com Skype: Brian Austin Whitney Facebook: www.facebook.com/justplainfolks"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney "It's easier to be the bigger man when you actually are..." -Brian Austin Whitney "Sometimes all you have to do to inspire humans to greatness is to give them a reason and opportunity to do something great." -Brian Austin Whitney
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Greg,
Unfortunately I must agree that this is one of two things. That A. you are absolutely paranoid about an unexplained email which is probably 100% rational and will make itself known to you very soon; or
B. This is a very intrinsic marketing ploy created by you to attract mass attention to your music in a very short period of time.
To say that you are only posting links of your MYSPACE via JP Folks message forums is ridiculous, surely you dont think we would honestly entertain this this statement without some scrutiny.
Ok, lets assume this is 100% true. So you are a songwriter who write songs for none other than JP Folks to critique and you never have nor have any intention whatsoever of promoting this music in any way to other persons who may be able to help lift your songwriting career beyond its current state. And moreover and in saying so even less convincing, you have never shown your friends your music, never asked mum what she thinks? Never shown a single soul other than on this website? Sorry, as a lover of music I find it hard to believe. The thing is Greg, unfortunely one of your very best fans, can without knowing it, be your very worst. Thats right that ever loving person called mum, who just wants to tell everyone how amazing her son is. And before you know it, your website has shared half a population of people hunting for great music to copy, sell or release as their own.
Withstanding all of the above Greg, maybe it would appear that your songs are clearly exceptional, and as such you should be approaching a label first and foremost with your music. If someone is trying to claim copyright on them, they must be worth it right???
In Australia we protect our musical works on a website called APRA, I believe you have one called TAXI and there must be others to boot. If you are so paranoid about your music, why dont you join one and register your music with them. Then you can go ahead and give it to every soul on earth and hope for someone to take you to the next level. If you are serious about your music, you actually want to be spreading your music out to the world, I mean isnt that the final intention of most anyway, to be heard by the masses and recognised for your gift? I can fully understand you want recognition for your works, but throwing accusations like this is only going to take 40,000 people out of that equation for you, so if this is a marketing ploy, it was not very well thought out now was it?
I hope all the dust settles and becomes clear for you. Is it possible that MYSPACE is simply checking that the songs are copyrighted to you, to protect their own interests, I am sure MYSPACE hosters do not want to be relinquishing a lawsuit for aiding and abetting a copyright infringement as part of their service.
All the best to you and your music, I hope you succeed
Moz
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Were you told by Myspace themselves, or just a member? The latter i supect, and the world is full of people hoping to spread feer into the unknowing, and the meak. I believe Brian is just about spot on in this case. Graham
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Post deleted by gpsongwriter
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Okay. So the message was from MySpace direct, not from a member of them. So. As I understand it, you have this song or lyric somewhere on JPF????? If so it will be date markes as to when first posted. Now you have to find out when this one claiming to be an original, but you claim is your, was first posted. If your post predates it, it would seem to be either one of those freak duplicate thought things, or somebody ripped your song, and you need to tell Myspace that giving them all the facts. Anything written is copyright the moment it is put in a tangable form, regardless of the library of congress. We don'[t even have a similar thing down here, and don't need one. Graham
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I think that Greg was a little freaked out by receiving this letter from My Space, and worded his original post without ALOT of thought...I think his intentions of telling us what was going on was NOT dubious...I just think he could have worded it a little more friendly, as even if this was true, it would've been one person in thousands!!! Why alienate the rest of us? That being said, I can't tell you how many times I have spewed something out of my mouth in reaction to something----and I ended up wishing I had chosen my words more carefully
Herbie
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wonder if a notary public seal within the package writers send themselves to protect their works would conclusively establish proof of ownership. Anybody know or tried it? Still think the Library of Congress is the best way to protect one's works.
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It's also possible that MySpace sent this email totally in error.
They aren't exactly technical wizards over there.
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Based on this newer information which was not in your first post, It is unlikely that MySpace has any more information than a song title to use as criteria to block your song. Since they are under scrutiny for copyright abuses, if any other songs out there have the same title as yours, their first precaution would be block your song until you provide more details to them.
At least that is how I see the situation now.
Jack
Last edited by Jack S.; 01/13/07 11:14 PM.
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I'd go along with Jack on this. Given that Myspace has been hit with a few copyright suits it very well may be that it was the song title that was in question. They prolly just blocked all his songs while they checked it out. I can understand the first reaction being....someone stole my song....but I doubt that is the case here. Greg just overreacted. To bad his first thought was someone here did it but that's ok by me. I been known to stick my foot in my mouth a few times.
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There is supposed to be a Creative Common licenses on original mp3 recordings. Just by a matter of posting to a site. The transcript is there in any event. That is'nt something that would protect like registering with The U.S Copyright Office. I have the occasional mp3 that is'nt copywritten. If someone wanted to rip me off my spiels I would feel sorry for them.
I copyirght to begin with to be able to have the legal steps taken more care of in the event I do something with my tracks as far as collabing. And it is good not to be taken as a fool, in any endeaver. I'm not always going to wait all that time to put something up. Especially when I am desperate for feedback to improve. It would cost more money than they could ever get out of the thing. And I can prove when I did it right off the sites.
If you contact the administrator to the sites you say you are getting ripped off, you should be able to contact them with the proof. They find out the source of that and do ban the violater from music sites. SoundClick strated really doing that, and some others. But all sites say when you go to sign up that that is forbidden and to report it.
If MySpace is doing this, you should contact the administrator of that site. A reputable site should respond.
Matt
Last edited by My Name?; 01/13/07 09:07 PM.
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I don't know if legally proving something was stolen on a site would hold up in court. Putting a work on the net is like an internets version of a poor mans copyright. And that has'nt held up in court most of the cases. Although there may be cases to where it has. I know if someone ever heard their work played on the radio by someone else and were profiting, that would indeed suck.
It seems that all the copyrighting and publishing is a money game in itself. It's who has the better lawyer.
People should try to do the professional thing and be cauitous when posting something publicly. But they should'nt have to. The date should be enough.
But at least if there are people ripping you off, they can be prevented from doing it somewhere else. People have to get involved and report what they believe is a violation to the administrators. But not many want to be the heavy and worry about it that much. I know I don't. I guess you have to be cagey.
Matt
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I can't imagine Myspace acting on just a title in cases like this. They would have to check out the file before acting, or they would be peeing off a lot of members, given the amount of songs inder the one title around the place. And not wanting to be the heavy is the reason drug dealers, bent cops, child molesters, and the like, manage to live and poison any society. People are not brave enough to stand up for what they believe in. Graham
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Greg,
Unfortunately I must agree that this is one of two things. That A. you are absolutely paranoid about an unexplained email which is probably 100% rational and will make itself known to you very soon; or
B. This is a very intrinsic marketing ploy created by you to attract mass attention to your music in a very short period of time.
To say that you are only posting links of your MYSPACE via JP Folks message forums is ridiculous, surely you dont think we would honestly entertain this this statement without some scrutiny.
Ok, lets assume this is 100% true. So you are a songwriter who write songs for none other than JP Folks to critique and you never have nor have any intention whatsoever of promoting this music in any way to other persons who may be able to help lift your songwriting career beyond its current state. And moreover and in saying so even less convincing, you have never shown your friends your music, never asked mum what she thinks? Never shown a single soul other than on this website? Sorry, as a lover of music I find it hard to believe. The thing is Greg, unfortunely one of your very best fans, can without knowing it, be your very worst. Thats right that ever loving person called mum, who just wants to tell everyone how amazing her son is. And before you know it, your website has shared half a population of people hunting for great music to copy, sell or release as their own.
Withstanding all of the above Greg, maybe it would appear that your songs are clearly exceptional, and as such you should be approaching a label first and foremost with your music. If someone is trying to claim copyright on them, they must be worth it right???
In Australia we protect our musical works on a website called APRA, I believe you have one called TAXI and there must be others to boot. If you are so paranoid about your music, why dont you join one and register your music with them. Then you can go ahead and give it to every soul on earth and hope for someone to take you to the next level. If you are serious about your music, you actually want to be spreading your music out to the world, I mean isnt that the final intention of most anyway, to be heard by the masses and recognised for your gift? I can fully understand you want recognition for your works, but throwing accusations like this is only going to take 40,000 people out of that equation for you, so if this is a marketing ploy, it was not very well thought out now was it?
I hope all the dust settles and becomes clear for you. Is it possible that MYSPACE is simply checking that the songs are copyrighted to you, to protect their own interests, I am sure MYSPACE hosters do not want to be relinquishing a lawsuit for aiding and abetting a copyright infringement as part of their service.
All the best to you and your music, I hope you succeed
Moz Just a clarification to this post -- Taxi is a tip sheet, they have nothing to do with copyright. In Canada, you can register your work with the Canadian Song Depository through the Songwriters Association of Canada, or use the US Library of Congress. Yes, your work is considered copyright as soon as you create it in a tangible form (lyrics on paper/post, audio file, musical notation). The point of registration is to have a date & depository evidence that is part of your proof. As Brian has said, mailing items to yourself is not a legally viable method of copyrighting your work. In terms of a stamp from a notary - if the notary witnesses the deposit of items in the envelope and signs them off, and then seals and stamps the envelope, perhaps -- check with a qualified entertainment lawyer to find out. But that would likely cost more than (c) your work as a collection with the US Library of Congress. Let us not forget, as well, that ASSUMING someone does steal your work, and MAKES MONEY FROM IT, if you are registered with the Library of Congress you will receive the FINE from EACH INFRACTION... which I think is a considerable sum of money. H
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Titles can't be copywritten. I probably bumped in by accident to my share of same song titles. Maybe I ought to issue it under the mp3 number. But the number would probably have been taken as a title. I don't like the ped rings and seeing the not out of puberty adolesents that are such easy targets on MySpace. Yahoo! had something similiar a couple of years ago and closed down that section of their site. I put up a page on MySpace before I knew of the goings on there. If I ever stepped out professionally, I hope they do something to clear out the pediphiles on thre. Last time I looked they were taking certain steps and the kids needed approval from adults ot get on, with certain areas restricted. It still looks like something they could get around.
Not to take off the topic.
I can see what Ghraham is saying, there are bigger fish to fry and unfortunately no one has really put the pan on the stove.
Matt
Last edited by My Name?; 01/13/07 11:30 PM.
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Last guy,
I think you are missing the point about titles. What I was suggesting was that if his song was blocked by My Space because of a copyright violation, they probably have a long list of song titles that were referred to them in a complaint and they are probably blocking any new entries with songs that have those titles to avoid a lawsuit. It would then be up to Greg to convince someone at My Space his song has nothing to do with the song in question.
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I guess what I should have added is would they really do something that drastic and remove all songs with that title? There could be legal issues the other way, especially if they were professional musicians with publishing that was getting their song pulled. It would seem to be upon the one being violated. I don't know that they could pull a song like that.
Matt
Last edited by My Name?; 01/14/07 03:24 AM.
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I'm wondering if GP just completed his upload information incorrectly...why would myspace respond so quickly otherwise? Not sure of the duration of when GP attempted to upload up to the time he received the email? He should just email Tom at myspace and see what he gets for a response...he responds but it might take a day or two or three....
Also, GP, you state that you've directed only JP Folks members to your myspace but since your songs were never uploaded according to your posting then how did this fraudulent act happen exactly?
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The email that was posted could have been a completely bogus spam ad. You know.. like all those pay pal warnings you get even when you don't have an account there? I've gotten warning from MySpace and I don't have a page there.. It's just bogus internet crap usually trying to steal a password or just to be annoying. If it IS legit, then they would likely have provided contact info to resolve it. I think it's either bogus or there's a lot more to all this than we've been told. But what seems perfectly clear is that the JPF community has nothing to do with it.
Brian
Brian Austin Whitney Founder Just Plain Folks jpfolkspro@gmail.com Skype: Brian Austin Whitney Facebook: www.facebook.com/justplainfolks"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney "It's easier to be the bigger man when you actually are..." -Brian Austin Whitney "Sometimes all you have to do to inspire humans to greatness is to give them a reason and opportunity to do something great." -Brian Austin Whitney
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Greg,,,hope they make a hit out of it for you! Congrats for being a hit songwriter if so! Then go after them with the documented time of when you first made the public aware of your song.
BUT<<<< Why would anyone take claim for a song that is NOT a hit NOW? Doesn't make sense. Have you heard all the great songs here and from the award winners?! Haven't heard anything about any of them having problems.
If the email is valid, "maybe" just another same titled song on myspace came up. Do they allow same titles?
In any case, JPF is not your concern, nor should anything else be, other than finding other music based sites to put your songs on, like Soundclick, or Songplanet, or Songramp, at least. Or any of the MANY musician/songwriter sites,,,,not general ones like Myspace. Or have your own site along with all the others.
This is the oddest topic I think I ever read here!
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I'm not aware of any recent MySpace rules with titles. It is something I never encountered with a message saying I can't post that song because the title was taken. And I know that I have the same song titles of at least one of my 2 songs there. I have done searches on it. There are some at MySpace. So I don't believe they have that, John. I hav'nt posted there in ages though.
Jack S. said all new entries with that song is getting blocked. I must of been sleepy and took that as removing them. But would'nt they have to do that too to avoid that same problem? There is just something there that does not connect. Too many contradictions.
This is indeed a new one for me. And I have posted to several sites over the last 2 and a half years.
As was said, I would just keep asking the adminitsrator.
Matt
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I did not say that it was happening, only that it is a possibility. What I said, in so many words, was that if they received a complaint about copyright infringement it would probably have included a list of titles so MySpace would probably block any new songs with those titles. I do not have any specific knowledge about what is happening at MySpace, but I do know other sites have been getting cease and desist letters. If MySpace did receive such a letter, what I suggested is a logical reaction. I could be entirely mistaken.
Brian thinks it was probably just a spam letter to Greg.
Jack
Last edited by Jack S.; 01/15/07 12:49 AM.
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Greg, September last year Myspace was accused of being a copyright infringer because members (kids mostly I expect) were uploading copyrighted material (music)to their respective "spaces" unlawfully.
Consequently, Myspace added filtering software to the site which compares the music uploaded with a database (courtesy of Gracenotes Inc.)and blocks uploads which violate copyright.
My understanding is that the technology uses something called "waveforms" to make the comparison. I don't know what "waveforms" are...but maybe your music matched the "waveforms" of any one of a few million songs in the database that have been previously copyright registered. Or maybe Myspace initially blocks all attempted music uploads pending completion of the filtering process.
Anyway, if you google "Myspace copyright filter" you'll get a whole list of news reports about it.
It may not be somebody trying to steal your music at all...it might be Myspace trying to protect your music from being stolen.
GJ
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Gracenotes.. that's a whole OTHER topic! Ack!
Brian
Brian Austin Whitney Founder Just Plain Folks jpfolkspro@gmail.com Skype: Brian Austin Whitney Facebook: www.facebook.com/justplainfolks"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney "It's easier to be the bigger man when you actually are..." -Brian Austin Whitney "Sometimes all you have to do to inspire humans to greatness is to give them a reason and opportunity to do something great." -Brian Austin Whitney
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Not as I understand it Shades. And I paste the email said to be recieved to refresh memories on what has already been stated: Date: 12/20/2006 Flag as Spam or Report Abuse [ ? ] Subject: Your Audio Content Has Been Blocked Body: Your recent attempt to post an audio file has been stopped by the MySpace Content Filter at the request of the party claiming to own the copyright to that audio. You are not allowed to post content if you do not own the copyright or have the copyright owner's permission. You are not the copyright owner to content unless you created the content or have received an assignment or license from the creator. End of paste, and that says it was due to a complaint from the said copyright holder clear enough for me. Graham
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Greg:
If someone has accused you of a crime,shouldn't you have a right to confront your accuser? Anyone can accuse but they must prove what they say is true.
Everett
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Maybe they are checking writer name and title against registered titles with the PRO's ?, not a perfect system but some form of filtering maybe ?
cheers, niteshift
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Gracenotes.. that's a whole OTHER topic! Ack!
Brian Hmmm...your comment makes me curious. I guess I'll have to schedule a bit of time to do some research on Gracenotes.
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greg -
just wondering - the files on your myspace page seem to be playing fine now. Did you get some resolution of this from myspace or did they just unfreeze them without responding?
Marty my home Experience is that marvelous thing that enables you to recognize a mistake when you make it again!
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I'd be interested in reading specifics on this ande I have been obviously been a little too trusting of fellow songwriters as recently on our myspace account we were told that someone is claiming copyright to some of our original songs.
I hate to say this but I mainly gave information andlinks to our myspace on jpfolks so I'm almost certain the person doing this is one of you. I can't belevei people are that low but then nothing really surprises me anymore.
I'm just advising anyone that is posting lyrics or mp3's to make sure they are copywritten first!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ande Rasmus sen Ande R a s m u s s e n@aol.com Ande R a s m u s s e n.com SongRamp.com/ande MySpace.com/anders
Texas Grammy Gov 06-08 grammy.com/Texas
Editor Of "Inspirations for Songwriters" SongWriterBlog.com Explore the message archive
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"If one man can do it, any man can do it. It is true. But the real question is, if one man did it, are you willing to do what it takes to do it as well?" –Brian Austin Whitney
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