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Don’t Lose the Music

I put music up here. A day or so ago, a remix of My Dick by Mickey Avalon I uploaded about 3 years ago got disabled by Soundcloud’s automatic copyright protection scans. They took their time, but I think it’s tied to the listen count – I’m not sure of the exact figure, but it must have hit some crucial boundary between 3,000 – 5,000 listens recently. I suppose it’s also possible that someone decided to hit the ‘report’ button.

This isn’t too surprising, since the ‘remix’ was pretty much just the original track with a couple of basslines thrown in. It was just an exercise I did about 6 years ago. I’d grown to hate it, though, since it was by far my most popular track, despite being half ‘two guys making bad penis puns’ and half ‘extremely basic synth patches’.

Anyway, just one other useful fact apart from that listen count scan threshold – the copyright counter-claim notice Soundcloud offers you when a track of yours has been disabled. This is a digested description of what Soundcloud considers permissible to upload with regards to use of copyrighted material:

Disputing a copyright claim

Please read the following information carefully. Disputing a copyright claim without valid reason may result in legal action being taken against you by the copyright owner, and may result in the suspension or termination of your SoundCloud account. Please make sure you have a valid reason to dispute the claim and seek legal advice if you have any doubt.

Invalid reasons to dispute a claim might include:

  • You purchased the track online and/or own the CD or vinyl
    Buying a copy of a music track digitally or physically does not give you the right to share that music track on SoundCloud. Online distribution is a right that belongs to the copyright owner.
  • You only used a small part of the copyright work
    Generally, if you are using someone else’s copyright work, you need their permission to publish that work on SoundCloud, whether it’s the whole work or just a small part (e.g. a sample).
  • You adapted the copyright work and created something new
    You still need the copyright owner’s permission, even if you’ve created something new.
  • You don’t earn any money from it
    You still need the copyright owner’s permission even if you are not making any money from it.
  • Other tracks on SoundCloud contain the same copyright content
    Permission to use or publish copyright material is granted on individual basis by the copyright owner or their representative. The fact that someone else may have permission to use the same content does not mean that it is freely available for everyone to use. A separate license has to be obtained for each case.
  • It’s a free download
    Some artists may give away their album or track as free download. You still need permission from the copyright owner to publish the copyright work on SoundCloud even if the copyright owner has made it available for free elsewhere.
  • You included a copyright notice or credit
    A copyright notice or credit is often a condition of a license, but it is not a substitute for a license. You still need permission from the copyright owner, even if you give them credit.

Valid reasons to dispute a claim are:

  • You are the copyright owner
    You can dispute the claim if you are the copyright owner and have the exclusive right to share this material on SoundCloud.
  • You are working on behalf of the copyright owner
    You can dispute the claim if you are working on behalf of the copyright owner who has given you permission to share this material on SoundCloud – for example, you are a PR agency working on behalf of a rightsholder.
  • The copyright work has been mistakenly identified
    You can dispute the claim if the copyright work does not actually appear in the material you uploaded.
  • You have a valid license from the copyright owner
    You can dispute the claim if you have a valid license, for example, you uploaded sounds containing audio samples but you have already cleared these samples with the relevant copyright owners.

Yes, I have a valid reason. Please take me to the counter-notice form.

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