licensing fees and what not

so i've just found out this skiing resort have been using my music without permission to promote their shit on youtube.

http://www.youtube.com/watch?v=SdaXE_sg4rc

i've never heard of them before but it looks like a pretty big resort ( http://www.bigskyresort.com/ ).

so in one month this video has become the 5th most viewed one on their channel out of all their posted videos over the couse of 3 years.

the thing is, apparently they contacted my label and asked if they could use my music, my label asked them to pay a licensing fee, and never heard back from them again. a couple of weeks later this pops up on youtube.

should i even bother getting in touch with them? or is this something that big resorts like these do all the time? it's decent promotion for me i guess, it just feels like a shitty move on their part.

blah.

edit: also, @ 01:47 they just cut to a whole other part of the track and makes it sound all shitty, grr.

I'm guessing it'd probably be best for you to contact the label to do something rather than contacting the resort directly as they might have a better knowledge of the legal shenanigans involved. There's copyright infringement afoot !

  On 5/18/2012 at 4:53 PM, data said:

it's decent promotion for me i guess

lol @ 2:14 i almost missed it

You are entitled to some $$$.

does copyright law apply? theyre in usa or canada? you are in sweden

which law are they breaking? even though they're cheeky scum bags

what you want is a legalistic letter demanding money from them

£5000 or something BEEFY hehe

You certainly are entitled for some cash and the fact that they've used it without your acceptance only means that you're entitled for even more. No shit. Contact your label and have them fix it. And don't go soft on them. They've broken the copyright law and that's something.

You could probably get a free lifetime membership!

Yeah, you should be getting paid for this. At least they mentioned your artist name at the end, but still...

oh, totally forgot about this thread. but yeah, the label has gotten in touch with them but they're just ignoring us it seems.

also, the other day one of swedens biggest tv-channels played one of my tracks as background music in a segment about the 2012 euro cup. only like 15-20 seconds of it, but still. is this allowed? i should probably get a manager or something.

I'd probably find a different label if their management can't support you, that should be what they're there for ! But no, unless you've released your tracks as license free/library music they can't use it, at least they can't use it without your or the label's explicit permission.

THAT'S RACIST COPYRIGHT !

From my experience broadcasters source their music through an internal or web based database either purchasing the rights to use a specific track(s) or selecting from a list of tracks they've already purchased the rights for. It's very unusual for them to pick music that's 'out in the wild' as it could lead to a complete legal nightmare.

N.B. This is from a UK point of view, Swedish laws may be waaaaaaaaaaaaaay different.

you should definitely turn the heat up on these guys - it would be one thing if it was a small up-starter organisation - but these guys seem to be pretty big and wealthy - ridiculous that you, an up-starter organisation in your own right, would get shafted some due compensation - It would most likely be alot of stress but you should maybe even think of contacting a lawyer to put pressure on them - or possibly contact a local newspaper to spread the bad business they're doing - soil their name a bit?

Who the fuck goes skiing without a jacket?

Haha I’ve been to this place (Big Sky Resort in MT) and it is indeed big and also real. Sue their asses.

Also, great track, where can I get more? Reminds me a little of the Hatchback album on Lo, which is one of my favorites.

EDIT: ah I've found some tracks, nice.

That video is up in 720p. Maybe you should just steal it back and sell it via bandcamp as the official video for your track?

Call in the youtube copyright strike demons to bring down their channel

Just had a thought there - although I still think you should sue - maybe be warry of the fact that you yourself are using video footage that (i'm guessing) you didn't get permission to use (I mean those sweet youtube videos you've made as music videos to your music)

I'm all for sampling film/video and making something of your own for everyone to enjoy for free - but in a way its used as promotion, as is the hotels advert with your music. So maybe have that in the back of your head - just in case they may use it against you in some way.

^ yes, that needed to be said. Copyright law is not fair, but if you take this resort to court or try to sue them in any way, I'm sure their lawyers will dig up your use of copyright materials and hurt your case (not to mention possibly opening a $9 trillion can of worms like Data vs Warner Bros).

The way the original post is told also makes it sound like this resort tried to find out how to pay you, your label spoke to them... and then the negotiations died. That doesn't necessarily sound like the resort is trying to screw you. It sounds like they want permission. maybe just keep pushing your label to get this all worked out.

I'm torn about this. I sample everything. Not only that, I sometimes copy melodies and harmonic progressions that I like. I don't think of it as stealing. I think of it as "quoting". For me, it's just as enjoyable to write new music as incorporate other people's ideas in new music. If I got nailed for this, I'd probably feel annoyed. I'm just an artist trying to make fun stuff, and I'm certainly not making any money off of my work.

On the other hand, that advertisement doesn't feel like "art" in the same sense as the music I make. And they are a big company. But I couldn't really prove that the ad isn't art, and I'm not sure how relevant their finances are.

I'd ask for money, but I'm not sure I'd try to sue. Maybe I'd ask them to make it more explicit where the music came from in the ad, at the very least.