Here is an interesting story into how multi-national business becomes confusing. Or confused. And at the centre of the confusion is Apple’s generosity with the copyright-free tracks available when using Apple’s video editing software Final Cut Pro X and iMovie.
On Thursday evening, Liz Clark was presenting her LizianShop Live on Facebook: FaceBook for a ‘copyright infringement cut the presentation off mid-stream’. The infringement was the use of a few seconds of Cem Tuncer’s tune Ugur’a Suikast. A tune used in the film of the same name.
See the screenshots of the Facebook Messages:
In the infringement notification above Sony Music Entertainment is CLEARLY defined
Now the important factor here is the videos made by Lizian Ltd were produced on Apple’s FCPX software (a costly editing suite). The music tracks used by LizianShop on the videos are originated from Apple’s FCPX. The music track used (Borealis) is copyright free. Indeed many of Apple’s FCPX tracks are used on commercial television the world over.
Here are the videos made for the LizianShop Live: The music used in the videos caused Sony to flag up the copyright infringement:
Suppose you listen to the first few bars of Cem Tuncer’s tune Ugur’s Suikast: You’ll discover an incredible likeness to the Apple copyright-free FCPX jingle Borealis. Indeed, a keen listener would argue they are more than similar.
Watch this one minute video and listen to the two tracks: hear if you can decide which is Apple music or Sony/Tuncer’s.
Watch the video track (below) on YouTube: listen to the first few bars which are deemed to have caused Sony’s copyright infringement is there a difference? And if you are a music producer, I’d ask you to layer one track over the other and look at the waveforms, and this is an interesting experiment.
Listen to the part of the track (the first ten seconds) we are supposed to have broken copyright: As deemed by Sony Music Entertainment:
Remember the FIRST TEN SECONDS have caused the infringement:
I forwarded the information to Sony, informing them their internet copyright spy software has flagged a dubious infringement.
Any Apple video editor using this track will be in jeopardy of having their reputation damaged: as did Liz Clark and LizianShop Ltd when FaceBook shut down a legitimate ‘Live’ through apparent copyright infringement.
Thank you, Sony and the composer you represent, for allowing this to happen and ruining 20 hours of work and preparation. Because we used Apple’s Final Cut Pro X editing software and the copyright free music contained in the editing program: Facebook has deemed us to be in infringement of your copyright because of your spyware: something many users of Apple’s Video Editing software programs Final Cut Pro X and iMovie must become aware.
So if you are an Apple Video Editor user, be very careful when using the soundtrack/jingle Borealis that you purchased the right to use in your productions: because if you do, you’ll have hours of work wasted by a Sony’s copyright spy.
If video editors, either professional or amateur, use the soundtrack BOREALIS – Sony will flag you as using their copyright material. If a composer chooses to use the track on their own compositions – Is this right? Apple or Sony? Not in the book of fairness and truth.
Apple’s Copyright notification:
About commercial use of the royalty-free content in Final Cut Pro and Motion 5
Learn how you can commercially use the royalty-free content, such as loops and samples, that come with Final Cut Pro and Motion 5.
The Final Cut Pro and Motion 5 software license agreements state:
|Except as otherwise provided, you may use the Apple and third-party audio file content (including, but not limited to, the built-in sound files, samples and impulse responses) (collectively the “Sample Content”), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original soundtracks for your film, video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Sample Content, however, individual files may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as clipart, stock animation, audio samples, sound files or music beds.|
Information about products not manufactured by Apple, or independent websites not controlled or tested by Apple, is provided without recommendation or endorsement. Apple assumes no responsibility with regard to the selection, performance, or use of third-party websites or products. Apple makes no representations regarding third-party website accuracy or reliability. Contact the vendor for additional information.
Published Date: November 12, 2020