Third Party Claim - YouTube

[accurize2]

I noticed when I uploaded my first gameplay video there was a third party claim for the in-game wind. I'm not sure if this is YouTube being extra sensitive and I should dispute the claim or if this is legit and you have rights and by extension we have rights to use the wind sound effect in our videos.

I've heard of there being issues with games using soundtracks (especially sports games), but I've never seen there be an issue with a sound effect in the game. It would completely ruin the viewers experience by having YouTube remove this "music". The howling wind is a huge part of the atmosphere.

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This is the message I received upon upload of the video to my channel:

Your video may include music that is owned by a third party.

To hear the matched music please play the video on the right. The video will play from the point where the matched content was identified.

Your video is available and playable.

Copyright details:

"Sound Ideas-Heavy Wind Through Doorway Whistling and Howling", sound recording administered by: 42:10

BFM Digital

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Here are the various choices for disputing the copyright claim...

I believe this copyright claim is not valid because:

I own the CD / DVD or bought the song online.

I'm not selling the video or making any money from it.

I gave credit in the video.

The video is my original content and I own all of the rights to it.

I have a license or written permission from the proper rights holder to use this material.

My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws.

The content is in the public domain or is not eligible for copyright protection.

I want to select "I have a license or written permission from the proper rights holder to use this material.", but I'm not sure that Hinterland Studios has the authority to grant us permission for this particular sound effect. I guess it depends upon the license Hinterland got when they purchased the sound effect from BMF. The other option is "I gave credit in the video."

Anyone have any suggestions on the best way to proceed?

[Raphael van Lierop]

Hey, thanks for bringing this to our attention.

We ran into this issue when producing our trailer as well. Apparently the YouTube content filters are a little bit overzealous, and interpreted our wind sounds as being part of a song (I guess they analyze the first 90 seconds of a video's audio, compare it against a database, and if something is too similar it gets flagged).

In the case of the video, when we got this warning, we contested it as the copyright owner and it was resolved immediately. We do have the authority to use this effect (I believe it's actually our own wind sound!) and you have permission to use it in your video -- consider this your written permission on behalf of the copyright owner.

[accurize2]

Yes, YouTube is a bit overzealous to say the least...I disputed it accordingly.

The only suggestion I might have for you is to put something in the FAQ public section of the forum. I like to not only copy and paste the written permission, but also support that with a link to the written permission.

If someone at YT decides to investigate my direct qoute, they won't have access to the backer-only section of the forum.

BTW, your dev team rocks the support/feedback and made a spectacular game....I am a bit worried about your sleep though, you respond too frickin' quick for comfort sometimes.

[TattooedMac]

I am a bit worried about your sleep though, you respond too frickin' quick for comfort sometimes.

All us scouts have a direct link to Raph and the H-Team, and they jump when we call upon them . . . . . :? :oops: :? Hang on, we jump when they call upon us, is more like it. They do a great job to be totally serious :geek:

[Guest]

Looks like he was able to post the video so I am going to lock this.