Youtube claims that NW soundtrack doesnt belong to the game's authors.

[Falrinth]

Is that true?

I have created a movie about NW's melee combat with the ending where im using the music straight from the game (its in the folder "music"and its called "hummel_rondo.ogg"). Youtube says its: "Hummel, Johann Nepomuk-Rondo In E Flat-Extreme Music" and the copyright owner "AdRev for a 3rd Party" doesnt allow it to be heard in the video recorded from NW...

Here is the link:
http://www.youtube.com/watch?v=Wicb_acWc0A

at the finish there is the music playing.

I have already wrote to youtube a reply to that claim telling them that its the game's original soundtrack, but the "Adrev for a 3rd Party" still uphold their claim. Does that mean TaleWorlds have used music belonging to someone else?

 

[Menelaos16]

It was custom made for NW. Sounds like BS to me.

 

[Mr.PolarBear]

It was custom made for NW. Sounds like BS to me.

 

[Falrinth]

Can someone give me the author as a proof its not the guys claiming its theirs?

 

[Rudovich]

Can someone give me the author as a proof its not the guys claiming its theirs?

Seeing the Credits in-game, they have bought it from http://stockmusic.com/

 

[MaHuD]

Besides, you are using the music outside the game.
Which would technicly no longer fall under NW's license.
Rather it would be YOU who is breaking copyright. 

 

[Falrinth]

Thank you Rudovich!

Besides, you are using the music outside the game.
Which would technicly no longer fall under NW's license.
Rather it would be YOU who is breaking copyright. 

No really MaHuD,

Im creating video with commentary that falls under so called "fair use" of the materials used to this video. The materials (the game) containts, models, graphics, animations, musics and sounds. If its in the game, it falls under this law. But thats not the issue here. Its not the game's authors, nor the music stock shop that sold them the materials that is claiming rights to this music... it is some other 3rd party that thinks its theirs and that im adding their music to my video of someone else's game.

 

[MaHuD]

Your officially not allowed to copy the music to your ipod.

The Mp3 are 128 kilobits due to the source, they did not provider higher quality.

The OGG is encoded at 192 Kb VBR, this is a very high quality sound, comparable to 320 kilobits VBR mp3.

I am not an expert on this, but I do believe that uploading it on youtube would be the same as uploading it to your ipod in this case?
Also;
Poland

Fair use exists in the Polish law and are covered by the Polish copyright law articles 23 to 35.

Compared to the United States, Polish fair use distinguishes between private and public use. In Poland, when the use is public, its use risks fines. The defendant must also prove that his use was private when accused that it was not, or that other mitigating circumstances apply. Finally, Polish law treats all cases in which private material was made public as a potential copyright infringement, where fair use cannot apply.

But I do admit, like I said previously, that I am not an expert, infact I am far away from it. But AFAIK, "fair use" has always been shadily used on youtube.

 

[Falrinth]

Fair use exists in the Polish law and are covered by the Polish copyright law articles 23 to 35.
Compared to the United States, Polish fair use distinguishes between private and public use. In Poland, when the use is public, its use risks fines. The defendant must also prove that his use was private when accused that it was not, or that other mitigating circumstances apply. Finally, Polish law treats all cases in which private material was made public as a potential copyright infringement, where fair use cannot apply.

But I do admit, like I said previously, that I am not an expert, infact I am far away from it. But AFAIK, "fair use" has always been shadily used on youtube.

That must be some outdated informations.

Fair use in Poland and in plenty if not most countries doesnt apply only to private or uncommercial use. If so you woudlnt be seeing any reviews at all and public good would vanish totally - the market would be crippled and authors themselfs would struggle to gain any popularity by themselfs. The current law says its fair use when:

1. You use the fragments of the materials to add commentary, review, instructions etc.
2. The final creation must have added value to the materials (creative effort must have been invested)
3. the creation doesnt harm the financial interests of the owners of the materials (unless its critique when its neccesary to show example of materials to support it)

Thats basically it

 

[lord_olafson]

If you are only showing ingame content, i.e. the music which is playing is actually played by the game, because it is in the games soundtrack, you should be pretty much free to show this video to anyone, because recording ingame footage of games is not forbidden.
We bought all the music from various websites, such as Stockmusic.com, so we have all the nessecary licenses to use this music ingame.

That is from the credits:

Additonal Sounds
GC Sounddesign www.svengerlach.de
- Sven Gerlach; Soundesign

Instrumental Music
- Mark Beecher; Snare Drum
- Ed Boyle; Fife
- Christopher Tolomeo; Trumpet (Bugle)
- Kenny Sutherland; Bagpipes
Recorded at Catacombs Studio, Broomall, PA - Mark Beecher; Engineer
and BradySound Studios, Woodlyn, PA - Greg Brady & Mark Sarro; Engineers.
All music based on ancient manuscripts of the Napoleonic Era, compiled &
arranged by Mark Beecher.

Music
Apollo Symphony Orchestra www.classicalmusicroyaltyfree.com
- Wolfgang Amadeus Mozart - Great mass in C minor - Gloria.
- Richard Wagner - Ritt der Valkuren.
- Antonin Dvorak - New world symphony (4th movement)
- Ludwig von Beethoven - Symphony No. 5 (1st movement)
- Georges Bizet - Toreador’s Song (from Carmen)

Neosounds.com
- Ludwig von Beethoven: Symphony no.9 - 4th Movement; By the New Age Symphony Orchestra

sounddogs.com
- Johann Strauss Sr. - Radetzky March; By Bartok Consulting (BMI)
- Pyotr llyrich Tchaikovsky - Overture 1812; By Bartok Consulting (BMI)
- Franz Schubert - Marche Militaire; By Quimus Music

Musicloops.com
- Ludwig von Beethoven - Fur Elise; By Bobby Cole
- Johann Sebastian Bach - Cello Suite No. 1; By Tim Brown

Trackline.com
- Edward Elgar - Pomp and Circumstance March No. 1
- George Frideric Handel - The Messiah (Hallelujah Chorus)
- George Frideric Handel - Queen of Sheba
- Antonio Vivaldi - Four Seasons: Summer (3rd movement)

Stockmusic.com
- Antonio Vivaldi - Four Seasons: Summer (1st + 2nd movement)
- Antonio Vivaldi - Four Seasons: Spring (1st + 2nd movement)
- Antonio Vivaldi - Four Seasons: Winter (1st + 3rd movement)
- Antonio Vivaldi - Four Seasons: Autimn (1st movement)
- Antonio Vivaldi - Concerto No. 10 allegro 2
- Antonio Vivaldi - Concerto flute violin continuo allegro
- Antonio Vivaldi - Concerto grosso No. 8 allegro
- Mozart - Eine Kleine Nachtmusik
- Brahms - Hungarian Dance No. 5
- Rimsky-Korsakov - The Flight of the Bumble Bee
- Mendelssohn - A Wedding March Recessional
- Johann Sebastian Bach - Concerto for Two Violins in D Minor
- Johann Sebastian Bach - Gavotte
- Johann Sebastian Bach - Orchestral Suite No. 3
- Strauss - Blue Danube Waltz
- Boccherini - Minuet
- Georges Bizet - Carmen Suite No. 1, Aragonaise
- Chopin - Polonaise in A Major Op 40 N1, Military
- Geminiani - Concerto Grosso
- Grieg - Peer Gynt Overture
- Grieg - Peer Gynt Suite No 1 Op 46: In the Hall of the Mountain King
- Hummel - Rondo
- Liszt - Les Preludes

Incompetech.com; Performed by Kevin MacLeod
Licensed under Creative Commons "Attribution 3.0"
- Ludwig von Beethoven - Laendler in C minor
- Ludwig von Beethoven - Ecossaise in E-flat
- Johann Sebastian Bach - Toccata and Fugue
- Johann Sebastian Bach - Prelude in C
- Johann Sebastian Bach - Chromatic Fantasia
- Johann Sebastian Bach - Chromatic Fugue
- Saint Saens - Danse Macabre
- Richard Strauss - Also Sprach Zarathustra
- William tell - Ranz des Vaches
- Wagner - Lohengrin
- Pyotr llyrich Tchaikovsky - Waltz Op. 40
- Johann Sebastian Bach - Brandenburg concerto no.
- Pachelbel - Canon
- Erik Satie - Gymnopedie No. 3
- Agnus Dei
- Schmetterling
- Tiny Fugue
- Lift Motif

 

[MaHuD]

All right, thanks for explaining Falrinth and Olafson.

 

[Leberecht Reinhold]

Its a famous piece, so It may have been confused with another version and taken down.

Happens more than it should.

 

[CKtheFat]

I have received claims on music I have written myself.  YouTube's copyright sensors go a bit crazy sometimes.

 

[chargerz43]

I have received claims on music I have written myself.  YouTube's copyright sensors go a bit crazy sometimes.

Some things are better left for humans to determine

 

[Symmach]

Copyrights for classic music - sounds like BS to me.

 

[CKtheFat]

Well, if you have to put together a full orchestra and get professional audio recording equipment, it makes sense to be able to copyright that particular recording.  But I'm not sure anyone would stop you if you tried to do the same with the Garritan Personal Orchestra audio libraries.

Also, some of the "classical" music in NW was actually written in the early 1900s, so many tracks do not actually date back to the real Napoleonic Wars timeline.  (I'm not saying it should, just an observation.)

 

[Ulrik_Decado]

Well, for author of video - you should be really OK, because you use only fragment, you use it for non-profit cause and in a really harmless way.

Of course, judge would dismiss charges, but YT would simply ban the video, because its easier for them - sadly. So, pls, backup it, if some troll appears..

For the game itself, it sounds absurd. If they have rights, so they should press charges... IMO, measure of danger and damages is down to zero.

Of course, it depends on legal system, Im using knowledge of Czech republic and common sense. And sorry for typos...mead broke my language skills