Musicians Caravaggio[/caption]Carol Forsloff - Music Publishing Rights Collecting Society is being challenged by YouTube musicians, as concerns about copyrights continue to grip the up-and-coming talents as well as the old hands of music. What used to be accepted practice is now being carefully reviewed in the new culture of everyone's hand reaching for the pot of gold, and the big boys of the YouTube management not yet forthcoming about what's up.
Most musicians struggle to make a living, if they are pitching at all. Many sit back waiting for that great discovery of their original music or their remake of someone else's material. It is the latter that is now being hammered on YouTube, from various angles. It seems that just about everyone has received a notice of some sort from this ghostly group of individuals who declare they will put an ad on the video, on the side, not necessarily taking down the video itself. Instead the group challenges videos and asserts itself as an organization who will be taking money in representation of copyright owners. On the other hand, there is that gray area, that makes folks wonder if this organization represents anything outside of its own interests.
Only recently has Music Publishing Rights Collecting Society put up a Facebook page. A website is also in that early-creation stage where it is difficult to determine who is involved, how and why.
YouTube "ain't talking," the disgruntled musicians declare, some of whom have had their instrumentals of Beethoven questioned or even the music they use in games. They ask frequently, "What is left in the public domain if an outside group, or just anyone, makes a claim. It's a gold rush with a difference. The problem is that musicians don't harbor that much gold. Even the big guns have to aim higher and higher, taking high-profile ventures, in order to be noticed on the growing stack of wannabes put together with has-beens and the wallflowers waiting to be asked for some time in the dance.
This is what one user responds to the Music Publishing Rights Collecting Society who complains to YouTube about copyright infringement on pieces of music that include Bach and Beethoven: " The Music Publishing Collecting Rights Society is apparently nothing more than a scam. This so called organization that doesn't even have a website or mailing address, has attempted to claim rights on everything from music videos to 'How To Change A Tire' videos. I've won 2 disputes with them without even giving a reason for the dispute. These are simply scammers looking for free advertising." This statement was made about nine months ago.
While frequent assertions about disclaimers and what to say to avoid a copyright issue have been made around the Internet, YouTube is clear about its terms of service. One cannot upload a song, that includes even covers, if the musician cannot substantiate "fair use." Fair use allows limited use of music material for specific purposes. One of these is education. Journalists are also allowed to use music to illustrate articles or to do reviews. The rest of the folks have to wonder when the copyright police will show up for an arrest. So far folks say it's rare, or never happens; but the threats remain.
Statements such as "I don't own the copyright to this material" essentially red flags a problem to the respective music copyright cops, as the user has already mentioned that the material is copyrighted and is not original. Claiming it is okay because it is a "cover" or an additional rendition of a song done by someone else won't help you, according to YouTube. Yet YouTube's customer service is virtually non-existent, as users continue to remind each other. YouTube also makes it easy to use the videos for almost everything by its share button and the ability of the user to snatch a video and place it almost anywhere.
So the rules are getting thick, thick enough to be causing some consternation in the ranks. But who is that Music Publishing Rights Collecting Society? There is no completed website or address out there for the organization presently, at least after some search was done recently of the various conversations around the Internet. And the group often backs off when challenged. It remains a mystery among musicians who wonder what's next in the ever-changing landscape of what's fair and what's not.