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“Open Goldberg Variations – BWV 988 – 26 – Variatio 25 a 2″ Youtube Upload: False Claims and Disputes Report

October 10, 2013

Source Type: Sound Recording
Source: “Goldberg Variations – BWV 988 – 26 – Variatio 25 a 2”
Music by J.S. Bach, 1741
Recording/Performance on Piano by Kimiko Ishizaka
Released as part of the Open Goldberg Variations Project and funded on Kickstarter

Notes on Copyright Status:

Bach’s music, the Open Goldberg Variations, are in the public domain due to having been written in 1741, making them too old to be copyrighted in the U.S.

Kimiko Ishizaka’s recording of her performance of the Goldberg Variations is in the public domain because she released it into the public domain using the Creative Commons Zero Waiver on May 28th, 2012.

Download it for free at: http://www.opengoldbergvariations.org/

False Copyright Claims on This Recording:

Two false copyright claims were made on this video, one of which caused the video to be blocked in Germany. Here is a copy and paste of the claims:

“Your video may include the following copyrighted content:

“Remi Masunaga-Goldberg Variations, BWV 988: Variatio 25 a 2 clav.”, sound recording administered by:
IDOL

“Various-Var. 25 Andante espressivo”, sound recording administered by:
SME”

UPDATE: On 10/8/2012, another false claim was made by GoDigital MG, reading as follows:

“Jeno Jando-747313226825_01_26;Variation 25. a 1 Clav. Adagio”, sound recording administered by:
GoDigital MG For a Third Party”

Contact Info for and Notes on Claimants:

IDOL, I believe, stands for “Independent Distribution On Line.” It appears to be a rights management company based in Paris, France.

IDOL flagged the first track of the Open Goldberg Variations on an upload on the Youtube channel TheJeremyKellerman. As in that case, here the track was mistaken for another recorded performance of the Goldberg Variations on piano by a pianist named Remi Masunaga.

SME, I believe, stands for Sony Music Entertainment. It appears that the SME claim is what caused this video be blocked in Germany, as that has happened to other people I’ve read about online.

The contact email address for IDOL is: contact@idolweb.fr.

The website of IDOL is here: http://www.idolweb.fr/

The contact email address for SME was difficult to find, but someone on a Google forum led me to this one, which is the one I sent me email to: you.tube@sonymusic.com

In another Google forum post, some other addresses were mentioned, things like “andy@” and “bobbyy@” sonymusic.com I went with the “you.tube@” one as it sounded most appropriate. All of the posts that mentioned these were from 2011 so it is difficult to tell if any are still valid.

This post on the Internet Archive from February of 2012 claims to have contact information for GoDigital MG, but I have no idea if it is still valid: http://archive.org/post/412013/false-copyright-claims-godigital-mg

Information on My Attempts to Contest the Claim (to be updated when appropriate):

As of the evening of 9/17/2012, I’ve sent emails to both of the contact addresses listed above. I will give them 24 hours or so to reply before filing a claim dispute via Youtube. I will update as things progress.

Update: I submitted a claim dispute on 9/20/2012.

Update: I submitted a claim dispute on the GoDigital MG claim on 10/8/2012, the same day the claim was made. No response yet to the other disputes.

Update: On 10/9/2012, GoDigital MG released their claim on the video.

Update: On 10/15/2012, SME (which is Sony Music Entertainment) reviewed my claim…and reinstated their copyright claim. My claim included a note, explaining that it was an uploading of an Open Goldberg Variations recording by Kimiko Ishizaka, and I also attempted to email them directly, yet still they falsely reinstated this claim on my video. Youtube recently created an appeals process, but apparently my account is not eligible, presumably due to all the other false claims on my videos, making my account suspect. All claims expire in four days, so I’ll try again then to see if I can appeal. If I do appeal and SME still attempts to reinstate their claim, my account will get a copyright strike as the DMCA will become involved and then the battle would be a legal one. I’m not sure how things would proceed from there.

Update: On 10/19/2012, I unexpectedly got a brief email reply to the initial email I sent to SME a month ago. They thanked me for emailing them and informed me that their claim (which had already been reinstated) had been released, and I got an automated email from Youtube confirmed that it had been.

As of now, only IDOL’s false claim on this video is left, and it expires tomorrow.

Update: IDOL released its claim on 10/20/2012.

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