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(UPDATE) One of my songs got ripped off and is being used for cell phone commercial

Discussion in 'Miscellaneous [BG]' started by Stewie26, Oct 25, 2013.


  1. Stewie26

    Stewie26 Supporting Member

    I don't know if I should be pissed off or honored. I did a search of a surf song I wrote and recorded a few years ago. The song came up on some type of cell phone commercial in an Eastern European country. I think it might be Poland. They use the song as the back ground track. I found it on YouTube and it has over 71,000 hits. I guess I should just let it go as I don't
    do music for the money. Has anyone else experienced problems with your music being used without permission?

    Here is a link to the commercial or what ever it is.
     
    Last edited: May 21, 2015
  2. Jeremy Darrow

    Jeremy Darrow

    Apr 6, 2007
    Nashville, TN
    Endorsing Artist: Fishman Transducers, D'Addarrio Strings, Aguilar Amplifiers
    If you're a member of a performing rights organization like ASCAP, SESAC or BMI, you should contact your rep there. If you're not, become a member. Being that it's eastern Europe, you may not have much luck getting paid. But you should be getting paid.
     
  3. mellowinman

    mellowinman Free Man

    Oct 19, 2011
    Minneapolis
    Some music I wrote is in some trailer ads for an indy film. I have neither asked for, nor received compensation. I haven't seen the film, (it has yet to be released,) but if it does well, I will probably see something.

    I am BMI.
     
  4. hennessybass

    hennessybass Supporting Member

    Oct 11, 2008
    Houston, TX
    +1000
     
  5. SirMjac28

    SirMjac28 Patiently Waiting For The Next British Invasion

    Aug 25, 2010
    The Great Midwest
    Catchy tune it would be nice to get in contact with them and see if they want to use more songs you have for "money" I think an Eastern European tour may be coming sir :)
     
  6. Stewie26

    Stewie26 Supporting Member

    I am not a member of any performing rights organization. I have licensed some of my instrumental music for low budget sports videos and trailers. In those cases I was only paid from $100 to $300 for the license so I never took it serious enough to join a performing rights group.
    BTW, can anyone tell me what language they are speaking from the link. Again, I think it is Polish but not sure.
     
  7. I can confirm that it's polish!
     
  8. lowfreq33

    lowfreq33

    Jan 27, 2010
    Nashville
    Endorsing Artist: Genz Benz Amplification
    You should speak to an attorney. 71,000 hits on YouTube could translate into a pretty decent bit of change, and if the country in question is party to the GATT treaty you could sue for a WHOLE lot more, as punitive damages could be involved.

    Seriously.
     
  9. Stewie26

    Stewie26 Supporting Member

    Thanks, if interested here is a link to the original track without any voiceover. I guess that is were they found the track.
     
    S-Bigbottom likes this.
  10. lowfreq33

    lowfreq33

    Jan 27, 2010
    Nashville
    Endorsing Artist: Genz Benz Amplification
    Your case is a slam dunk. Your own YouTube video is 2010, theirs is 2012, and they even credit you in their own description. Take a screenshot of that right now... This is willful infringement, they KNOW they didn't obtain a license to use the track. You could be looking at a hundred grand here. Cell phone company...
     
  11. lowfreq33

    lowfreq33

    Jan 27, 2010
    Nashville
    Endorsing Artist: Genz Benz Amplification
    Just checked. Poland is both a GATT country and a WTO member. They are legally bound to honor the intellectual property laws of all other member countries. You could get punitive damages for each instance of infringement. That's each time the commercial aired, and every hit on YouTube. Imagine if you got one dollar per infraction...
     
  12. ExaltBass

    ExaltBass Gold Supporting Member

    Sep 28, 2006
    Twin Cities, MN
    Cool tune! :bassist:
     
  13. LowG

    LowG Supporting Member

    Dec 8, 2006
    Milwaukee, WI
  14. TinyE

    TinyE

    Jan 31, 2013
    portland,or
    how in the world did you find that commercial?
     
  15. Hapa

    Hapa

    Apr 21, 2011
    Tustin, CA
    That's a bold statement. Even if it was a written deal it would not be worth it. One can not prove how much/ how long of the track was listened to. If it was a publishing deal it would be for broadcast - flat fee. Then I gotta ask how you plan to pay for international law fee's as well as the likely involvement of Interpol to work "laws" agreed upon between countries.

    playing both sides: royalties ucrued 71,000 times at .023 cents a whopping $1633 minus back taxes, minus fees, time lost.
     
  16. Hapa

    Hapa

    Apr 21, 2011
    Tustin, CA
    To the OP:

    Do you have proof of the recording?
    Do you have a copyright? If yes, is it registered?
    If not have you ever made a written and signed deal with any publishing company excluding your own?

    (I got to ask) Did you really get ripped off or are you posting on multiple boards looking to boost your views, possible payment?

    I only heard a fraction of the song. If it is less than thirty seconds then you are almost out of luck, especially non sequential. The best bet you have is synchronization rights on top of mechanical. That could get you something substantial. But, again it is not relevant to the video so it would be more court time than dollars earned. It seems really low budget so I doubt you would get anything. People don't sue other people like we do here in the USA - they don't need the insurance like we do. So think of it as going after a low budget polish group of videographers that make a product about hot spots, lotions, and restaurants.
     
  17. Probably a cease and desist is the best you can do..... here is a screenshot for you.
     

    Attached Files:

  18. Stewie26

    Stewie26 Supporting Member

    I did a search on youtube and google.
     
  19. travep

    travep Supporting Member

    Apr 16, 2010
    Austin, TX
    Sometimes it would take us up to 3 years to get trailers from other countries. Never understood the delay
     
  20. Forget that. Go straight to Youtube and report a licensing violation. They will pull the video - you can then work out a deal with the phone people to get paid a royalty to release your music.
     

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