How Rumblefish Ended Up Claiming Copyright On A Song Uploaded By The Band Who Actually Held The Copyright

Mike Masnick — Wed, 25 Apr 2012 12:35:00 PDT

A few years back, we wrote about the company Rumblefish claiming copyright on public domain works on YouTube and getting them taken down. Recently, the company got a lot of attention for claiming copyright on someone's video because it had some birds chirping in the background, and a very mistaken Rumblefish process not only believed it owned the birdsongs, but then an employee doubled down and refused to back down when challenged on this. The company did eventually admit a big mistake after this received a ton of publicity -- but many of us were still worried about the process that allowed Rumblefish to make such a bogus claim in the first place.

Here's a story of another Rumblefish takedown -- but the details suggest one of the reasons why these things may be happening. John Boydston, from the band Daddy A Go Go, recently contacted us after he discovered that Rumblefish was claiming copyright on a video he had put up on YouTube, for an original song called I Wanna Be An Action Figure. The song was written by Boydston and he holds the sole copyright. It was released on a CD back in 2002. The video was produced (by Boydston again) just last year and posted to YouTube last October. Even so, Boydston received a notice from YouTube saying that music in that video "may have content that is owned or licensed by rumblefish." Boydston filed a dispute over this -- but was told that it would take a month to hear back -- and in the meantime ads might appear next to his videos with the proceeds going to Rumblefish.

Thankfully, the process didn't take that long. Within a day of filing the dispute claim, YouTube sent Boydston an email telling him that "rumblefish has reviewed your dispute and released its copyright claim on your video." So, at the very least, that's an improvement over the birdsong situation.

So, what happened? Boydston searched around for a while to actually find a contact at Rumblefish and had a short email exchange where he was told that the "system is working the way it should." It turns out that Boydston signed the band up with CDBaby to be his online distributor. They offer his music off of the CD Baby site, but also distribute it to tons of other properties, like iTunes, Amazon and various streaming services. And... it turns out, mixed in with a long list of music stores and streaming sites, is Rumblefish. The company is supposed to help potentially license the song to others, with a cut of the proceeds going back to Boydston (I assume after Rumblefish and CDBaby take their cut). So part of that is that Rumblefish automatically registers all such music with YouTube's ContentID, and sets it to "monetize." That, of course, leads to the silly result that any time an indie artist who uses CD Baby puts their own work up on YouTube, Rumblefish may end up claiming the work as its own (though, in theory, some of the proceeds would eventually get back to the author). Unfortunately, this is not clearly explained at all.

CDBaby does let its musicians opt-out of each individual service, and having gone through this whole experience, Boyston has decided to uncheck Rumblefish, and no longer allow them to claim his own music on YouTube.

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Historical Note: The Day Steve Jobs Dissed CDBaby

Mike Masnick — Tue, 23 Nov 2010 18:12:32 PST

Derek Sivers recently had a wonderful post over at the Music Think Tank blog about the day Steve Jobs "dissed" him in a keynote speech. The full story is absolutely worth reading (Sivers, as always, is a wonderful story teller), but the short version is that a bunch of folks who represented independent musicians were invited to Apple soon after the original iTunes store launched (with mainly major label music). They weren't told they were meeting with Steve Jobs, but he showed up, telling them that the plan was to get "every piece of music ever recorded" into the iTunes store. Apple folks then showed everyone in the room how to upload tracks, and Sivers seemed disappointed that he wouldn't be able to just use the tracks they already had available, but would have to re-rip and re-enter data:

Then they showed the Apple software we’d all have to use to send them each album. It required us to put the audio CD into a Mac CD-Rom drive, type in all of the album info, song titles and bio, then click [encode] for it to rip, and [upload] when done.

I raised my hand and asked if it was required that we use their software. They said yes.

I asked again, saying we had over 100,000 albums, already ripped as lossless WAV files, with all of the info carefully entered by the artist themselves, ready to send to their servers with their exact specifications. They said sorry - you need to use this software - there is no other way.

Ugh. That means we have to pull each one of those CDs off of the shelf again, stick it in a Mac, then cut-and-paste every song title into that Mac software. But so be it. If that’s what Apple needs, OK.

After the meeting, Sivers wrote up the notes he took from the meeting and posted them to his blog... only to get angry messages from people at Apple about how the meeting was confidential (something Sivers claims he was never told). Either way, they got the contract from Apple, signed it immediately, and got to work. In realizing they had to rip and upload 100,000 CDs all over again, and that it was going to be costly, they asked CDBaby musicians to pay $40 to get their songs onto iTunes. Because of the iTunes activity, all the other major music services also asked for all of CDBaby's music as well -- Rhapsody, Yahoo Music, Napster and eMusic. Apparently 5,000 musicians paid the $40 and CDBaby started ripping all those CDs.

They ripped and ripped and ripped... and at some point realized that Apple had never returned the contract. Months went by. Sivers contacted Apple... and nothing. Finally, five months later, Steve Jobs did a keynote where he announced that iTunes was doubling the number of tracks available, from 200,000 to 400,000... and in the middle, he made a crack about how they were trying to be selective, focusing on quality, rather than quantity, and specifically noting that anyone could just pay $40 to have music uploaded to competing sites, but that Apple only wanted the best. Sivers realized: "Whoa! Wow. Steve Jobs just dissed me hard! I'm the only one charging $40. That was me he's referring to." You can see the clip below: Sivers took this to mean that, despite Jobs' original statements about wanting all songs in iTunes, this meant he no longer wanted independent music. Following the speech, he sent around a note telling everyone he was refunding the $40 fees, giving back the $200,000 -- much of which had been spent.

The very next day? CDBaby received the signed contract from Apple with details about how to upload their 500,000 tracks.

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Techdirt. Stories about "cdbaby"

How Rumblefish Ended Up Claiming Copyright On A Song Uploaded By The Band Who Actually Held The Copyright

Historical Note: The Day Steve Jobs Dissed CDBaby