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Help - Copyright and counterfeits

Copyright and counterfeits:

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- Generally, copyright arises at the same time as the work itself. Please note that this may depend on the law of the country. You therefore automatically have the copyright on your creations made from scratch. However, in the event of a dispute, you will need to prove your copyright. There is nothing better than depositing your creations within the framework of the procedures recommended according to your country. However, this can be complicated or expensive.

- Personally, when I publish music, I do it on YouTube at the same time as on Bandlab. So far, it has allowed me to assert my rights in all cases (I have been the victim of 17 counterfeits. My own compositions were marketed by other people in their name).

- Note, for one of the disputes, I had to contact a bailiff for a procedure before the court. In the bailiff's report, he retained my publications on Bandlab and especially that of YouTube as the date of first publication and as proof. Regarding Bandlab, I was told that it would probably not be recognized as sufficient before the French authorities (SACEM does not recognize Bandlab) especially since my Bandlab account is not certified and YouTube would be more efficient. Finally, the distributor withdrew all broadcasts upon presentation of the bailiff's report. For all the other disputes, the music was withdrawn more or less quickly by the distributors and by Google. See "What to do in case of counterfeit?".

How to detect a counterfeit?

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- Play your music to Shazam or Google Search Music on your phone! Note: Google is much more efficient than Shazam...

- How to use Google Search Music: click on the link below.

https://support.google.com/assistant/answer/7554088?hl=en&co=GENIE.Platform%3DAndroid

What to do in case of counterfeit?

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- If you find a counterfeit (or several), the anger and frustration can be high and it is understandable. If you can nevertheless demonstrate that the music belongs to you or that you have rights to some of the content then you should be able to put an end to this situation of infringement.

 

- Counterfeiting on YouTube:

https://support.google.com/youtube/answer/2807622 (click on the link to report a counterfeit, you will find the Google contact form there).

The thing to be aware of with YouTube is that if the dishonest person used a distributor, Google will ask you to contact that distributor (their partner) and put your claim on hold. To find the name of the distributor, you will have to look in the description of the video containing the counterfeit. Next, you will need to go to the distributor's site to find out how to contact them. Be careful, remember to tell him who you are, the link of the counterfeit on the platforms, the links to your music (YouTube, Bandlab...) indicating the date of first broadcast and to demand the withdrawal of the counterfeit.

Generally, the distributor will ask you to file an infringement claim (or DMCA) with platforms such as Spotify or Deezer (see "Counterfeiting on streaming platforms (Spotify, Deezer, Apple Music...)"). Most of the time this results in the withdrawal of counterfeits including on YouTube.

However, sometimes the distributor cannot be found or there is none. In this case, you can reply to Google that you are unable to contact the distributor (explain to them the problem encountered, for example "no website"). For me, when this happened, the infringement was removed from YouTube by Google. ​

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- Counterfeiting on streaming platforms (Spotify, Deezer, Apple Music...):

Distributors often distribute the music on dozens of streaming platforms. Good news, you don't have to contact them all.

In theory, contacting Spotify or Deezer is enough. Personally, I make complaints on the following 3 (if the counterfeit is broadcast there of course): Spotify, Deezer and Apple Music.

To file a complaint (or DMCA) with Spotify:

https://support.spotify.com/ph-en/report-content/ (click on the link to access the Spotify complaint form).

To file a complaint (or DMCA) with Deezer:

send an email to dmca@deezer.com. Be careful, remember to tell them who you are, the link of the counterfeit on their platform, the links to your music (YouTube, Bandlab...) indicating the date of first broadcast and to demand the withdrawal of the counterfeit.

To file a complaint (or DMCA) with Apple Music:

https://www.apple.com/legal/internet-services/itunes/itunesstorenotices/ (click on the link to access the Apple Music complaint form). The platforms will immediately withdraw the counterfeit pending a return from the distributor who will tell them whether to put it back online or not. ​

 

In summary :

- I report to Google.

- I make at least 1 DMCA with Spotify, Deezer or Apple Music.

- I'm contacting the distributor.

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Mailing list of some distributors:

- Distrokid: support@distrokid.com

- Ditto Music: investigations@dittomusic.com

- Routenote: infringementclaims@routenote.com

- Tunecore: copyright@tunecore.com

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