Yamaha original Emarati preset style - copyright issue on YouTube

[vbdx66]

Hello to all,

As I have understood it so far, Yamaha keyboard users are free to use the styles of their keyboard for original compositions and they will retain the copyright on that composition, but other users still have the right to use the same style for other compositions, right?

Apparently, a YouTube user got the following problem: he published a demonstration video of the PSR E363 with all the World style of the keyboard, playing the intro, 4 measures of Main A, four measures of Main B and an ending. Another YouTube user launched a copyright strike against him, claiming that since he had himself already used the Emarati style in one of his tunes on a YouTube video, anybody publishing a YouTube video using the Emarati style was infringing his copyrights.

Here is the « litigious » video. The contested Emarati style is at 3'15:

https://youtu.be/esQ53uRoyeY

Am I mistaken or is this illegal as long as Yamaha grants free usage of all keyboard preset styles to all their users?

I am very curious to read your opinion on that matters, because apart from the Emarati style which is pretty anecdotal, this could cause a nasty precedent in that when a musician would use a Yamaha style in one of his original compositions on a YouTube video, nobody would then in theory have the right to use that style again for another YouTube video!

So have you got any insight in that matter?

Thanks,

Regards,

Vinciane

[Craig Schiller]

The second guy is full of it.

[vbdx66]

Hi Craig,

I am sorry but English not being my mother language, I am not sure that I understand your sentence.

Regards,

Vinciane

[Craig Schiller]

Vinciane -

Sorry.

The second guy is not correct in what he is claiming.

[Toril S]

No, this sounds very unlikely. Not to worry.

[panos]

Hi Vinciane,
sorry I didn't understand what was the copyright issue.
I just see that Jeremy See has a link on the description to a sheet music that he doesn't own and maybe that is the problem?
Who is singing on this video anyway? sounds like Wally 
Is there a link to the other's guy video?

[whataguy]

Right on Craig, 'he shoots, he scores' eh!

[vbdx66]

Hi,

Sorry, I posted the wrong video in my original post. I modified it and uploaded the link to the correct video (Yamaha PSR E463 World Styles).

I didn't see the original video, I asked Jeremy See to send me the link.

The copyright issue is about a Yamaha world style called Emarati. Apparently someone used this style for a personal composition and now puts what YouTube calls a copyright strike on anybody using the same style in a YouTube video. Specifically, YouTube may delete any video on which a copyright strike has been issued and if it happens three time your entire YouTube channel is deleted. There is hardly anything you can do if someone issues a copyright strike against you on YouTube which is pretty unfair.

I am asking this question because I am fearing that anyone using any Yamaha style for an original composition might after that cause problems to anyone else using the same Yamaha style for another YouTube video, which seems both litigious and unbelievable. It seems to me that YouTube is using a right which should remain in the power of Yamaha only.

Regards,

Vinciane

[vbdx66]

Here is a link to the official position of Yamaha as regards the copyright on style files:

https://usa.yamaha.com/about_yamaha/proprietary_rights_notice/

Vinciane

[SeaGtGruff]

The second person has no right to claim copyright infringement, since he or she does not own the copyright on the style in the first place.

Now, if Yamaha had made the complaint-- which I doubt they would ever do-- then it would be a different matter, since they do own the copyright.

I saw something similar happen to a British woman who posted a video showing how you could use an unpowered USB hub to get rid of the "not enough power to use device" error message (whatever the exact wording is) when trying to use some USB flash drives on an iPad. A British man had apparently made a similar post some months earlier, and had claimed in the title of his video that it was an "exclusive" solution to the problem. I don't know if the woman had ever seen his video, but since this so-called "exclusive" solution is actually common knowledge to a lot of people, it's possible that she had not. Anyway, the man posted nasty remarks in the comments for her video, claiming that she had "ripped off" his "exclusive" video. Since her video was still up several months later, I assume that either the guy didn't actually file a complaint, or else YouTube judged his complaint to be without merit.

These people are just attention seekers who want their videos to be the only ones available, so people will have to watch their videos rather than anyone else's. They want their videos to get a lot of "hit" counts, and if they see any similar videos which are getting "hit" counts then they consider it to be a sort of theft.

As far as this specific case, if the first person is simply playing the style whose copyright is owned by Yamaha, without any chord changes or right-hand melody-- and I haven't watched it, so I don't know whether that's the case-- then no original composition which the second person actually owns any right to was copied.

[panos]

That's  a joke,watch the video at 3:20.
No way! Are they serious on Youtube?
They just send a copyright complaint message to a 3rd person that easilly?

[vbdx66]

Hi Panos and Michael,

Thanks for your input.

I'll put the link to the second video (the one which issued the copyright claim) if Jeremy sends it to me.

I am concerned by the fact that Yamaha let all their customers freely use their styles for musical creation, and that issues like this one could impede such creation. This is really a shame.

Regards,

Vinciane

[Craig Schiller]

Vinciane -

This is NOT a real issue. This is just some jerk making something up.

[vbdx66]

Hi Craig,

I might be mistaken of course but I think this is a real issue. Apparently it is very easy to issue a copyright claim on anybody on YouTube and there is not much you can do against it.

Vinciane

.

[Craig Schiller]

If it's so easy then it's something YouTube needs to deal with. Again, legally, it is not an issue at all.

[mikf]

There is no copyright issue here as has been said by several people. So I am not sure what you (Vinciane) are concerned about because it does not stop you using Yamaha styles to create music. If utube choose not to play your video for any reason they have the right to do that anyway, no matter how unfair you might think it is. In fact I doubt they even have to give a reason. But it does not affect you creating music, just posting on utube.
Mike 

[panos]

hm...
Imagine what it will happen if Erbis complains to Youtube about the styles he is using to compose his songs.
5.000+ styles will be banned on Youtube

[DrakeM]

Every video I have uploaded to YouTube is a popular known song and there is not an issue with any of them.

As long as you aren't making money off the video, there can't be a case.

You won't find any of Garth Brooks videos on YouTube. You can only find COVER versions of his song on YouTube. Note that YouTube has no issue with people using karaoke files of Garth Brooks songs and posting them.

[Ryszard Bieszczad]

Hello, colleagues, especially Panos
    I will not file claims with YouTube
From the beginning, I knew that it's enough to post your own compositions and photographs on YouTube so that you do not have problems with copyright.
My channel has a good opinion on You Tube and it never happened that someone would question my compositions, because they are mine, although based on the styles of Roland, Ketron and Yamaha.
     Yamaha writes officially, I quote: "
Owners of Yamaha Musical Instruments can use pre-programmed YAMAHA sounds (STYLE, VOICES, IMAGES, DESIGNS, ARPEGGIOS, SAMPLE DATA, or YAMAHA STYLE DISKY, hereafter referred to as "Programmed Sounds") for their personal musical pleasure. Examples of fair use include composing music using such programmed sounds and including them in public performances or recordings, regardless of whether such compositions, performances or recordings are for profit. "
And this is the most important thing.
    Regards

Erbis

You can read about the possibility of using Yamaha's styles in your own compositions under the link:
https://usa.yamaha.com/about_yamaha/proprietary_rights_notice/

"THE FOLLOWING EXAMPLES ILLUSTRATE SOME, BUT NOT ALL, PROHIBITED USES WHICH INFRINGE YAMAHA'S INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ITS PROGRAMMED SOUNDS, AND ARE THEREFORE STRICTLY PROHIBITED:

Making copies of Yamaha's Programmed Sounds and making them commercially available or sharing them over the Internet with third parties.
Copying pattern data and selling the same as a musical score (paper or digital format) or incorporated in a musical score software program.
Incorporating any DEMO music in your musical composition, or playing any DEMO music in public performances or recordings.
Making copies of VOICES incorporated into a sound source of a Yamaha musical instrument and selling the same as a program.
Copying or distributing, or making available to third parties for their copy or distribution, any Programmed Sounds."

[SeaGtGruff]

I had not watched the video before, but just did. You can clearly see on the panel display that the chord never varies from C M7 while the styles are being played, and that no melody is ever played with the right-hand voices.

[Mikk]

This has been an interesting topic and so decided to check on YouTube.

I interpret this to mean that when I upload a video  playing my own composition.
If I do not provide a download link or similar, no one can use anything/content in my video unless they get written permission from YouTube or the respective licensors of the Content.

Does content include the style I might have used?

What do you think?
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[SeaGtGruff]

It's my understanding that you're supposed to be able to contest a claim of this nature. If YouTube is denying Jeremy See the opportunity to contest the claim and-- if it comes to it-- have YouTube contact Yamaha, who are the actual copyright holders, to get their opinion on the matter.

[vbdx66]

Hi to all,

I now better understand the issue at stake.

This is what Jeremy posted me in the YouTube comments (it is not in the comments of the concerned video because the problem was discussed in the comments about another videoj:

"Vinciane, this is the copyright information YouTube gave me. And they gave me the option to mute the part with Emarati and don't get a copyright claim.

Video title: Yamaha PSR E363 - All World Music Styles (Yamaha PSR-EW300)

Copyrighted content: Arabian Jasmine

Claimed by: AdShare MG for a Third Party"

I investigated further and it appears that AdShare is issuing false claims all the time because as long as the claim is not settled, the money made by the video by advertisements goes to the claimer instead as to the video owner. So practically AdShare is stealing advertisement money.

Here is a video I found on YouTube about this problem:

https://youtu.be/g-ofN4ihm2o

Regards,

Vinciane

[panos]

https://www.crunchbase.com/organization/adshare#section-overview
Where is this style to download it?
I feel like I want to play something with it and upload it to Youtube 

[whataguy]

Let's do it - I mean duet! Don in MI

[panos]

Oh no! he used the Emarati style at 2:40 and played a melody!!
Ban him too, Youtube!
And he worked for Yamaha 6 years ago? What a shame
Ban Yamaha too! 
https://www.youtube.com/watch?v=Xm_OsyDJoI4

Well, this "Emarati" style seems to have been used from Yamaha for the oriental models
as a preset and also a version of it was on a previous Oriental Expansion Pack.
A newer version of it is on the PSR E363 as a preset.

[Toril S]

I am in. Do someone have the style?

[vbdx66]

Yes, me too, I am in.

Vinciane

[Ryszard Bieszczad]

I, too, am.
This is a very interesting topic.
Thank you
erbis

[panos]

I found the old emarati style but sounds like an Arabic-Brazilian mixture if you don't install the oriental pack 


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