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July 3, 2015 AT 9:23 am

Rumblefish claims it owns “America the Beautiful” by United States Navy Band? @rumblefish_inc

Ok, so we posted a video of an Arduino rotating in front of an American flag with the public domain “America the Beautiful” by United States Navy Band as the music. We immediately received this from YouTube.

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So we disputed the claim with the source text from archive.org to see if it’s true and we also emailed Rumblefish directly (and we emailed [email protected] who is listed as a contact on the navy.mil page for this song.

America the beautiful / Samuel Ward [sound recording], Title: America the beautiful [sound recording] instrumental and vocal, Composer: Ward, Samuel. Arranger(s) Dragon, Carmen. Performing Ensemble: United States Navy Band. Lyricist: Bates, Katharine Lee. Publisher(s): Department of Defense. Form: sound recording.

Note(s): Taken from CD entitled: “Remembering the Navy Hour.” Featuring the Navy Band and Sea Chanters. Recorded by Sheffield Recording, Ltd., Inc. at the George Mason University Center for the Arts Concert Hall.

Credit: Performing Arts Encyclopedia, Library of Congress.

This Composition is in the public domain because its copyright has expired. This applies to the United States, where Works published prior to 1978 were copyright protected for a maximum of 75 years. See Circular 1 “COPYRIGHT BASICS” from the U.S. Copyright Office. Works published before 1923 are now in the public domain.

This composition is also in the public domain in countries that figure copyright from the date of death of the artist (post mortem auctoris) in this case Katharine Lee Bates (words), (August 12, 1859 â March 28, 1929), Samuel Augustus Ward (tune) (28 December 1847 â 28 September 1903), and that most commonly runs for a period of 50 to 70 years from December 31 of that date.

This media file is a work of a U.S. Department of Defense employee, made during the course of the person’s official duties. As a work of the U.S. federal government, the media file is in the public domain.

Generally speaking, works created by U.S. Government employees are not eligible for copyright protection in the United States. See Circular 1 “COPYRIGHT BASICS” from the U.S. Copyright Office.

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We’ll see what happens next, apparently Rumblefish has claimed copyright on public domain works on YouTube before.

Related:
Rumblefish claims to own copyright to ambient birdsong on YouTube“.
Rumblefish CEO: Claiming Copyright On Your Incidental Recordings Of Birds Was Merely A Series Of Unfortunate Errors
The Stars and Stripes for…Life of the Author + 70? Chilling Copyright and the USMC Band.


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Update: 2:24pm 7/3/2015 , YouTube just sent us this email: [Copyright claim] Claim released:

Hi Adafruit Industries,
Good news! Your dispute wasn’t reviewed within 30 days, so the copyright claim on your YouTube video has now been released.
Video title: “Independence Day – Arduino + Adafruit ! (vocals)”
– The YouTube Team

But that’s not true, we disputed it about 3 hours ago, not 30 days ago. We still have not heard back from RumbleFish or the Navy, if we do, we’ll update the post here.


Update 2: 4:07pm 7/3/2015, RumbleFish posted a comment on this post.

YouTube’s Content ID system automatically makes claims on videos when the audio matches a recording we represent. In this case, we work with a label who promotes this music outside of the U.S. Once it was confirmed that this was a legal, patriotic, celebratory U.S. usage, the claim was immediately released. At no point was the video taken down, and neither Rumblefish nor its provider labels collect money from public domain songs here in the States.

Perfect timing to note that America IS beautiful and we wish everyone a happy Independence weekend.

Sincerely, Rumblefish

Are they saying someone outside the USA owns “America the Beautiful” by United States Navy Band? We asked via email and via Twitter and of course they’re not replying, we’ll keep asking. Happy 4th.


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4 Comments

  1. YouTube’s Content ID system automatically makes claims on videos when the audio matches a recording we represent. In this case, we work with a label who promotes this music outside of the U.S. Once it was confirmed that this was a legal, patriotic, celebratory U.S. usage, the claim was immediately released. At no point was the video taken down, and neither Rumblefish nor its provider labels collect money from public domain songs here in the States.

    Perfect timing to note that America IS beautiful and we wish everyone a happy Independence weekend.

    Sincerely, Rumblefish

  2. Suspect_Number_3

    YouTube ‘Content ID’ clearly makes clams on videos when the audio matches a recording they think/wish they represent(ed).

    This is not the same thing.

    The next question is how do I put myself in line before rumblefish, so that the takedown notice is sent to them, when they post something I want to own.

  3. I would hope you will forward that comment from Rumblefish to the U.S. Navy, as well as the FBI and/or Justice Department.

  4. This is a flaw in just matching audio snippets… Rumblefish could justifiably incorporate that recording into their own copyrighted work, and most likely the content ID system would not distinguish between the portions of their work that they owned vs those they didn’t.

    It is pretty crazy that Youtube automatically flags videos like that… even for videos that aren’t selling ads (which you guys, don’t right?)… so what kind of damages would they even sue you for if you were infringing?

    (the spinning Arduino flag is hilariously patriotic awesomeness btw)

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