Copyright claim in game stream?

[RAMChYLD]

Hi,

I did a stream of the game yesterday. As far as I know the music are royalty free and that was what gave me the bravery to do this.

However, when I woke up this morning, I found that my stream has had a copyright claim slapped on it. Apparently it's regarding the appearance of the song "I Swear..." from the encore of the concert.

According to Falcom, we are free to use the music as long as it falls within their fair use policy, and as far as I can tell streaming a game with the music in it is fair use.

Even more suspicious is that the claimant is not Falcom, but some company called "Bicycle Co. Ltd", when Falcom has said on their fair use policy declaration that they represent themselves and do not have a third party licensing company licensing on their behalf.

The biggest gist of it all is that not only the version of the song not the complete version, I was practically talking over it.

So yeah, does this Bicycle have any rights in this? Or is it some copyright troll who wishes to ride on Falcom's music's popularity? They're claiming the video for ad rights, but are leaving it alone otherwise, and they did open an opportunity for revenue sharing, which I can't figure out how to opt in.

[ZWabbit]

Falcom does their music inhouse and also distributes their music themselves via iTunes and Amazon. I find it a bit incredulous that someone else would hold copyright over the song.

[RAMChYLD]

Originally posted by ZWabbit:

Falcom does their music inhouse and also distributes their music themselves via iTunes and Amazon. I find it a bit incredulous that someone else would hold copyright over the song.

Agreed. It's highly suspicious. And yet the folks at Youtube are taking sides of this company when I asked on the Youtube Help Group (I'm streaming to both Youtube Gaming and Twitch.TV via Restream.IO). I guess I should be happy that they're not putting a takedown on this and are even offering me a chance to share revenue (which again, I can't figure out how to activate, but on the other hand Youtube has not yet allowed me to monetize my LPs and Livestreams on the excuse of not enough views and subs), but yeah, It's extremely fishy given that I expected it would be Falcom themselves to claim the video and not a third party, especially since they already explicitly stated that they did not engage any third party to manage their rights.

In any case, I do plan to stream Cold Steel II once it comes out.

[Stabbey]

Anyone can make a spurious claim and Youtube takes immediate action before deciding if the claim has merit.

[Sugoi]

Dispute the claim and link falcom's music license page[www.falcom.co.jp]. You can use any Falcom music freely, as they have given written permission for anyone to do so. Open and closed.

It is entirely possible that the claimant registered a clip with content id that sounds somewhat similar and this is a pattern matching error rather than an attempt to claim Falcom's music as their own. Either way, they should back down when you dispute.

[RAMChYLD]

Well, I'm kinda afraid since if I understand correctly, if I fail the dispute, I'll get a strike. At this point, I'm more than willing to let it slide for now.

And yeah, I did link the Falcom music license page. They still stand claiming that the song could've used samples which are licensed, but yeah, a very bold claim for said song. Still, yeah, I suppose as long as it doesn't mess with the availability of my video.

Oddly enough, they left Ashita Edo Kodou and I Miss You alone, only targeting I Swear.

[lolCindered]

It's pretty obvious they're just trying to milk some free ad revenue, and they're probably just trying to intimidate you into letting it slide. I don't see why the dispute would fail, but I don't know much about disputing claims on Youtube.

[ZWabbit]

Falcom has in the past generally proven quite open to interacting with fans. I would actually suggest you poke XSEED or omgfloofy or the like to see if they'd be open to helping you craft a message to Falcom directly, to make them aware of the situation. If Falcom responds to you, that's something you can take to youtube and use to cut off this group at the knees.