Somebody using my music in a commercial site without a permission
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- clearThoughts
So, I have a band... and today I found the website of a big brand using one of my tracks without my permission...
It comes up just for a bit here and there...
I'm pretty sure this is fucking illegal, right? Can I ask them to take it down? what's the procedure?
- idiots0
you've come to the right place, calling all music and copyright lawyers!!!
- Continuity0
Step 1: Consult lawyer ASAP.
Step 2: Give QBN the whole sordid saga in real-time for the sake of Common EntertainmentGood luck.
- The entertainment being, we like it when it's getting stuck to the big boys.Continuity
- ..and then another bigboy comes in from the top, and the two are almost crushing you, then one's holding you, while...mikotondria3
- clearThoughts0
well, I reckon some people have come across this issue before maybe?
I used to deal with it from a website point of view... but never thought it would happen to me.
I always asked for permission and payed people when necessary.Motherfuckers.
- babaganush0
Pretty sure you can get them to take it down. Might be worth asking if they want to come to some agreement financially. Maybe you can contact PRS to see what they say - although you usually need to be registered I think.
- monospaced0
It really depends on if you want your music associated with their brand. If they're reputable and providing you with exposure, maybe even naming your band and track, then I would urge you to come to some agreement for royalties. If you are upset that your band's brand is being hurt through this association, then try to have it removed for good.
- vaxorcist0
are they sampling you?
are they likely to get a big hit?
if so, maybe you wait till they get it big, then sue the pants off them, and collect the grammy!Mick Jagger and Keith Richards won the grammy for a song called "Bittersweet Symphony" when the verve pipe sampled the Rolling Stones....
Quoting Wikipedia....
http://en.wikipedia.org/wiki/Bit…
Although the song's lyrics were written by Verve vocalist Richard Ashcroft, it has been credited to Keith Richards and Mick Jagger after charges by the original copyright owners that the song was plagiarized from the Andrew Oldham Orchestra recording of The Rolling Stones' 1965 song "The Last Time".
Originally, The Verve had negotiated a licence to use a sample from the Oldham recording, but it was successfully argued that the Verve had used "too much" of the sample.[6] Despite having original lyrics, the music of "Bitter Sweet Symphony" is partially based on the Oldham track, which led to a lawsuit with ABKCO Records, Allen Klein's company that owns the rights to the Rolling Stones material of the 1960s. The matter was eventually settled, with copyright of the song reverting to Abkco and songwriting credits to Jagger and Richards.
"We were told it was going to be a 50/50 split, and then they saw how well the record was doing," says band member Simon Jones. "They rung up and said, 'We want 100 percent or take it out of the shops, you don't have much choice.'" [sic][7]
- Continuity0
I wouldn't do anything without consulting a lawyer first, seriously. You're One Bloke v Big Brand, and you need all the muscle you can get from the very beginning. A lawyer would be much, much better positioned to not only push for take-down but financial settlement as well. On your own, you'd be treated like crap, and they wouldn't bother doing anything to recompense you.
- Or if in UK, PRS - they are set up exactly to represent artist and royalties of their music.
http://www.prsformus…babaganush
- Or if in UK, PRS - they are set up exactly to represent artist and royalties of their music.
- monospaced0
link please
- clearThoughts0
Not sure the stress of going through the whole thing is worth it...
Will try the good way...Fucking miserable pieces of shit.
- sureshot0
you should be flattered
- but more importantly, you should be compensatedmonoblanco
- that too of coursesureshot
- dbloc0
link?
- It's this website here: http://altonaforest.…
...I have to say, love your piano work there clearThoughtsspot13
- It's this website here: http://altonaforest.…
- Continuity0
'Not sure the stress of going through the whole thing is worth it...'
It sodding well is. Big Brands don't hesitate for one moment to bring the full legal arsenal out against consumers they reckon aren't playing nice. Standing up for yourself and making sure you've got your own legal back-up is the only language they understand.
- ORAZAL0
Write them a long email telling them how honored you are by them using your music. Then plug your music services Cheap Nikes style.
- mikotondria30
Contact Anonymous, or at least air it out on 4chan.
They'll bust some balls for you.
- vaxorcist0
oddly, hollywood and the RIAA may accidently be on your side...
http://www.wipo.int/sme/en/docum…
http://www.adweek.com/news/adver…
http://www.starpulse.com/news/in…
A lawyer may take this case on percentage of winnings basis, rather making you broke trying to sue...
- idiots0
*insert more speculation here
- mikotondria30
I predict you'll get pepper-sprayed in the face and pushed to the ground. Then a massive twat with a pseudo-military uniform on will hyper-extend your arm and lock you up for 15 hours, before releasing you without charge.
- nb0
You should start by finding out how they acquired the song. Find the marketing firm that did the site, but before you contact them try to find out who they use for music licensing. There are only a handful of companies doing licensing for media, so google should be able to help you out. Or, you might discover that the website marketing guys aren't using anyone at all, because they are simply using music without permission on all their projects.
I think you'll make better progress contacting the licensing company or the marketing company rather than the big brand.
- autoflavour0
do you have it online, anywhere like myspace etc..
you will probably find the production company is somehow owned by the website and if you check the terms and co, you have no rights at all..
- mantrakid0
Dying for updates on this.