Breach of copyright

[Bento-San]

Hi there everyone,

I found out that someone has used one of my tracks that I posted here on Newgrounds(with its creative commons license) has been used in a flash submission that HallPass has purchased certain rights too. I have contacted both HallPass and the flash author and neither have got back to me about the breach of copyright. Has anyone else had experience with this and can offer me any advice?

Also if anyone else thinks i should let it slide feel free to speak up, i am fairly open to suggestions about what i should do :)

[Pounce]

Most likely the flash author won't do anything, and this HallPass will ignore you since they already "bought rights".

[VegetarianMeat]

This happened to me as well (same site). Your best bet is to keep on contacting the author, and make sure he is aware that what he's doing is illegal. Most of the time they'll give in, that didn't happen with me, but I guess I learned my lesson now.

[MaestroRage]

At 6/27/08 08:27 PM, DragonsGrief wrote: Most likely the flash author won't do anything, and this HallPass will ignore you since they already "bought rights".

That's not right at all. HallPass can be in some SERIOUS doodie if they ignore what just happened. And since they don't want that to happen, they'll pass all that burden down to the flash artist.

Worst comes to worst, and you REALLY want to screw them big time, consider getting some legal help. Trust me, nothing gets results faster then an email being sent from a firm.

Though that in of itself would cost you I guess :/

[VegetarianMeat]

At 6/28/08 02:53 PM, MaestroRage wrote:

At 6/27/08 08:27 PM, DragonsGrief wrote: Most likely the flash author won't do anything, and this HallPass will ignore you since they already "bought rights".

That's not right at all. HallPass can be in some SERIOUS doodie if they ignore what just happened. And since they don't want that to happen, they'll pass all that burden down to the flash artist.

Worst comes to worst, and you REALLY want to screw them big time, consider getting some legal help. Trust me, nothing gets results faster then an email being sent from a firm.

Though that in of itself would cost you I guess :/

OK, like I mentioned before this same thing happened awhile ago to me as well, but I only contacted the author, and never HallPass. Should I try again? I remember reading that the guy who used my song made something like 2700$ off 2 games. My song was used in one of those games, running throughout the game in the background. So I could get a pretty decent payoff if things worked out well for me :P

[MaestroRage]

I would. Contact them again and again until you get a response. Don't give up. Send an email once every 3 days.

For 2 weeks, if nothing happens.

Send an email EVERY DAY until a response gets to you. I know you're told to not spam people, especially like TomFulp, but the point is exactly this. Start to irritate them, start to step on toes. Scream and yell until this is brought to the right person.

Inform them that the project they have sponsored has been done so illegaly. No confirmation or arrangements were produced for use of the songs.

It is important to highlight that what just happened is in good standings for legal action should it come down to that.

It depends on how far you want to go. Some people don't care about the money generated from such sponsorships, but I tend to go as far as I can without any real ramifications to force the flash artist to watch out for whose lawn they're planting their dandelions. Trying to steal or ignore terms can and will in the long run screw them big time.

[MaestroRage]

Also a few more notes to note.

1. The flash programmer cannot get away with just attribution. Ie, even if he credited you, he must still make an agreement/sign a contract letting him use your music in the project.

2. Even if you submitted this file to another site that has no license on it, automatically that means the song is fully protected under standard copywrite laws. Many many flash programmers don't know this, so be sure to let them know.

The only way this one would screw you up is if you SPECIFICALLY said free use for commercial products, and put no other license.

3. You cannot get hallpass for this. All sites like hallpass *including Newgrounds* points all weight and burden down to the submitter if shit hits the fan. So i'm afraid Hallpass is protected from this.

4. You CAN get more then however much this person got sponsored and then some extra, and still keep the rights. You can potentially REAM this guy. Again, if you're willing to go that far.

[Bento-San]

Hey guys thanks heaps for all your advice, i will mull it all over before thinking what to do next :)

[No1r]

Welcome!
My music also have been used for commercial projects..and i didn't see a dollar, of course.
Bah..

[Bento-San]

At 6/30/08 06:18 AM, No1r wrote: Welcome!
My music also have been used for commercial projects..and i didn't see a dollar, of course.
Bah..

Little do these flash artists realise that perhaps if someone threw some $ our way it might help pay for new/better gear while also motivating us to release more tracks.

[joshhunsaker]

At 7/1/08 09:49 AM, Bento-San wrote:

At 6/30/08 06:18 AM, No1r wrote: Welcome!
My music also have been used for commercial projects..and i didn't see a dollar, of course.
Bah..

Little do these flash artists realise that perhaps if someone threw some $ our way it might help pay for new/better gear while also motivating us to release more tracks.

And how true this is!