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DPChallenge Forums >> Rant >> Copyright infringement at Facebook?
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 04/03/2009 07:27:37 PM · #1
Ok, so I'd like to get some opinions here:

My sister and brother-in-law got married last year. For their first dance they danced to a song titled "The Luckiest" by Ben Folds. I edited some video of their dance (compositing two camera angles, adding some photos) and replaced the audio from the cameras with the actual song (which I purchased legally on iTunes) to get rid of the reverb and background noise. I just received the following message from Facebook:

Hello,

We have removed your video entitled "Jenny and Daryl's first dance" uploaded at 9:00pm March 31st, 2009. We did this because it appears to contain copyrighted material owned by a third party, such as a video clip or background audio. If you believe this material was removed by mistake, you may file a counter notice of alleged infringement by following the link below.

Please note that if you re-upload this video without filing a counter notice, or if you upload another video that infringes on the rights of a third party, we may remove the content. This could cause your access to the Facebook Video application, or your Facebook account itself, to be disabled.

To file a counter notice:
File a Counter Notification

For any other questions, view our Help page.

The Facebook Team


1. I in no way will profit from the video - I edited it for free for my sister and brother-in-law
2. I purchased the song on iTunes
3. That's the song they danced to - is it infringement if I post the original audio with the background noise or should I have posted it with no audio?
4. (edit to add) I own the rights to the video and photographs I created and have permission from the photo/videographers for the ones I didn't myself create.

Am I in the wrong here? Would you have done this differently? I've posted the video on YouTube. Assuming they don't remove it, here's the link.

YouTube link

I have 2 other videos that I would suspect would also be in question based on this response from Facebook. One is of my band in highschool covering another band's song. The other is a video that has the same situation here - use of a song that I own the CD of as background audio in a video. Are these any different? They were not removed from Facebook.

Message edited by author 2009-04-03 19:50:03.
 04/03/2009 07:42:19 PM · #2
I don't know the answer to your question, but your sister Jenny is beautiful. I hope she and Daryl will have a happy marriage that lasts a lifetime as they remember that EACH person has to give over 100% to make a marriage a joy.

04/03/2009 08:42:57 PM · #3
You might have been able to get away with the original audio in the video but I suspect they pulled it because of the "new" song that was imported in to the video even though it was the same one that was in there to begin with. Unfortunately just because you "bought" the song on iTunes that technically doesn't give you rights to copy and republish the song for essentially public broadcast. Similar to software you are not buying the song but the rights to use it solely for personal use. Im not picking on you in any way just posting the facts. Commercial songs are protected just like your photos. In a similar sort of scenario if someone purchases a print from you, they don't have the rights to scan and reprint it and put it on a billboard.

The DJ at the party "should" have the rights to play the music at a public event, but legally I don't know what the issues are if you capture it on video with audio and essentially broadcast it in the net. You will prob be more likely to get away with the original audio more than the reedit on the internet.

-dave
 04/03/2009 09:00:15 PM · #4
Originally posted by dknourek:
The DJ at the party "should" have the rights to play the music at a public event...


Yup... they and/or the hall are supposed to be licensed by BMI/ASCAP to play the music. Even if you're a hair salon and you have a radio playing in the background, technically you're obligated to be licensed to do so.

Re-posting a song somewhere is no different than grabbing photos and posting them elsewhere, which honks off a lot of people here on a regular basis.

Message edited by author 2009-04-03 21:01:44.
 04/03/2009 09:11:34 PM · #5
Thanks Lydia, I'll pass your compliment along.

Well, I guess I'll repost the video with the original audio and see where that goes. I'll have to keep the good versions for myself. The difference between this and a billboard though is a billboard generates money but I understand your point.
 04/03/2009 11:05:45 PM · #6
Originally posted by Maverick:

1. I in no way will profit from the video - I edited it for free for my sister and brother-in-law

That has nothing to do with it. If I take one of your photos and use it for anything, I've stolen from you. Whether I put it on my wall or on 1000 tshirts at $25 each, it does not matter.

Originally posted by Maverick:

2. I purchased the song on iTunes

Bob sold me this photo for $5 so I put it on a billboard to say "Happy Birthday" to my father in law that likes trains. Umm, i may have bought the image but it was for personal use only. Not for 'public display'. iTunes sells you music for you to listen to. No one else. You may not use the music onhold on your phone, you may not play it in your store for customers to listen to, you may not play it like DJ would for people to dance to. And you most certainly cannot put it with images in any way unless you have the sync rights (google it)

Originally posted by Maverick:

3. That's the song they danced to - is it infringement if I post the original audio with the background noise or should I have posted it with no audio?

You might have been OK to post it with the original, undedited audio. Maybe. Depends on 'use'. You can do it if it's used as news or for education purposes, or for review like a critic. Usually there is limit to how much of a song can be used - you can't post the whole song, just like movie reviewers on TV show parts of scenes, not even whole scenes let alone whole movies.

Originally posted by Maverick:

4. (edit to add) I own the rights to the video and photographs I created and have permission from the photo/videographers for the ones I didn't myself create.

OK, that should be fine. You do have that in writing, right?

Originally posted by Maverick:

Am I in the wrong here? Would you have done this differently? I've posted the video on YouTube. Assuming they don't remove it, here's the link.

It's copyright infringement. And for the same reason walmart won't let anyone print 'professional' pictures Facebook won't let anyone post certain things. Youtube is held to the same standard, legally. I am surprised they've not been busted and sued into bankruptcy long ago.
YouTube link

I have 2 other videos that I would suspect would also be in question based on this response from Facebook. One is of my band in highschool covering another band's song. The other is a video that has the same situation here - use of a song that I own the CD of as background audio in a video. Are these any different? They were not removed from Facebook. [/quote]
 04/03/2009 11:13:36 PM · #7
Just for the record, YouTube will do it too, but they'll just disable the sound. I did the same thing, not even thinking about it. I made a slideshow using music that I had bought thinking it was OK. They disabled the sound but did not remove the actual slideshow. After the initial moment of thinking "wtf", I realized what they were saying and knew I was in the wrong.
 04/04/2009 12:53:52 AM · #8
Originally posted by Prof_Fate:
Originally posted by Maverick:


[quote=Maverick]
4. (edit to add) I own the rights to the video and photographs I created and have permission from the photo/videographers for the ones I didn't myself create.

OK, that should be fine. You do have that in writing, right?

The videographer was my uncle and he gave me the tapes for this exact purpose and the photographer of the first image was my sister who gave me the picture so I think I'm ok...
 04/04/2009 02:18:40 AM · #9
Write to Ben Folds and ask him for permission to use his song. He is one of those rare artist that might just let you. Worth a try. I have heard he is a pretty cool guy. Damn good piano player too.
04/04/2009 08:19:16 AM · #10
Originally posted by Bugzeye:
Write to Ben Folds and ask him for permission to use his song. He is one of those rare artist that might just let you. Worth a try. I have heard he is a pretty cool guy. Damn good piano player too.


Google sync rights. To put music to ANY pictures requires you have synch rights - from the writer of the lyrics and music, the performer, the publisher and anyone else that may have a 'piece' of the song/action.
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