Project Documentation

amerikanische Fahne
amerikanische Fahne

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Presentation

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Interview (Radio FM4, with Christoph Weiss)


Difficulties concerning audio-files of cc0.oer-musik.de on YouTube

The YouTube channel Labeltest serves as a test-site through which I conduct random samples, whether companies raise claims (Content-ID-claims) “) on audio-files made accessible on this domain. A documentation of such unwarranted claims on recordings digitized by cc0.oer-musik.de, raised by companies (e.g. Fox Entertainment/Naxos of America, Deutsche Grammophon/UMG, WMG/PLG UK Classics, WMG/Documents etc.), can be found here (a current browser is required for correct representation) or further down the page. Objections to these Content-ID-claims are being raised on the grounds that the digitized recordings, provided by cc0.oer-musik.de and archived by the Hochschule für Musik und Theater München and the Bavarian State Library, are no longer subject to copyright protection according to German law.

Youtube’s (Google’s) use of Content-ID-claims de facto implements an ›upload-filter‹, a controversial process meant to prevent copyright violations. The intended effect is pitted against a potential complication or hindrance of legal use during preventative scanning of upload-content, due to defective or faultily operating filters (especially in cases of classical music). In addition, the question of what constitutes legitimate use is diverted from jurisdiction to technology and managerial decision-making, thus opening the door to hardly manageable malpractice. What’s more, automatic scans (used to implement upload filters) are unable to differentiate between copyright infringement and lawful quotation in academic practice, which already compromises the dissemination of musicological (and musical) knowledge and the availability of Open Educational Resources on YouTube.

A distinctive feature against the backdrop of the act on telemedia is YouTube’s accessibility: § 5 of the act ("Allgemeine Informationspflichten" = duty to supply information) orders the availability of data allowing for quick/fast electronic contact and immediate communication, including email-addresses. However, an inquiry to an email-address stated in YouTube’s imprint is answered as follows: “Dear Google-user, please take into account that due to the large amount of inquiries, emails sent to this address (support-de@google.com) cannot be read or registered” (April 2018). Neither do email-forms in Google-help, mentioned and linked to in the automated reply, enable contact with YouTube staff members. These factors effectively prohibit the solving of contentious issues. In addition, YouTube blocks the restoration or selection of CC-licenses for videos for which "Content-ID-claims" have been waived.

Previous tests and results:

- Content-ID-claim by FOX Entertainment/Naxos of America (Biber Violinsonaten/Lautenbacher, 1961)
Claim has been waived after objection

Content-ID Anspruch von Deutsche Grammophon/UMG (Bartók Klavierkonzerte, 1961/62)
Content-ID-claim by Deutsche Grammophon/UMG (Bartók Klavierkonzerte, 1961/62) : UMG/Deutsche Grammophon insist on the validity of their claim to a recording of 1961/1962. According to German law, these recordings are free of copyright, as copyright protection terms are not extended after reprocessing or reprinting. As stated above, YouTube is not available to either solve or review the contested claim by Deutsche Grammophon/UMG.

Content-ID-claim by Deutsche Grammophon/UMG (Bartók 2. Violinkonzert, 1961)
Claim has been waived after objection

Content-ID-claim The Orchard Music/Pipeline Music (Bartók 1. Violinkonzert, 1962)
Claim has been waived after objection

Content-ID-claim INgrooves/Naxos of America (Wagner, Der fliegende Holländer, 1962)
Claim has been waived after objection

Content-ID-claim The Orchard Music/Discover Classical Music (Puccini, Manon Lescaut, 1959)
Claim has been waived after objection

Claim has been waived after objection

Content-ID-claims WMG im Auftrag / PLG UK Classics (Schubert, Winterreise, Platte o. Datum, erste Veröffentlichung als Platte 1955).
Claim has been waived after objection

Content-ID-claim WMG / Documents (No. 8. Der Atlas - Hans Hotter: scan failed) (Schubert, Schwanengesang, Platte o. Datum, erste Veröffentlichung als Platte vor 1963).
Claim has been waived after objection

Content-ID-claim UMG / Deutsche Grammophon (P)1961 (Sinfonie Nr. 8 von F. Schubert und Sinfonie Nr. 5 von L.v. Beethoven,).
UMG/Deutsche Grammophon insist on the validity of their claim, even though the protection date is explicitly stated as 1961 on the record itself. The recording is thus free of copyright under German law, as copyright protection terms are not extended after reprocessing or reprinting. As stated above, YouTube is not available to either solve or review the contested claim by Deutsche Grammophon/UMG.

Documentation (PDF / in german).


Contact

Prof. Dr. Ulrich Kaiser
University of Music and performing Arts
80333 Arcisstr. 12
Tel. +0049 89 289 27427
Email Please use the following form. For all legal matters, please contact the Legal Department of the University of Music and Performing Arts directly.