YouTube Artist Battles It Out Over Music Rights
A local musician posted his work on YouTube, hoping to make it big. So when his employer claimed his company owned the rights, he called "Help Me Howard."
Aaron Miller has been writing music for almost 30 years. He took a job at TSI - a New Jersey company that produces corporate training videos. But shortly after he wrote some music for a cosmetics company, his entire career turned to silence.
"Well it was a melody, it was called 'Think of the Possibilities.' And so, it was just like a catchy kind of phrase," Aaron said. "And they decided that they didn't want it. So I thought it was a good hook and I should continue working on that idea."
Aaron went home to his own production studio, where he wrote his own lyrics, directed a music video, and posted it to YouTube.
"I did an e-mail blast to everyone in my e-mail, which is really the first time I've ever really done that," he confessed. "And my boss was one of them, I had nothing to hide. I was like 'Hey, look at what I did.' And the next day, he was like, 'You need to take this down or else you'll be fired.'"
Apparently, his employer felt there had been a conflict. Aaron says his bosses feared their client might sue their company for using similar music, originally composed for business purposes. Aaron's bosses thought the tune was created on the job, and didn't belong to him.
"I felt they were completely separate instances... one had nothing to do with the other," he said. So my choices were take it down or be fired, and I chose 'I'm not taking my video down.'"
Aaron lost his job over the incident, and his bosses complained to YouTube. Just two days later, the video had been banned. Professor Frank Pasquale of Seton Hall Law school points to the Digital Millenium Copyright Act. The legislation immunizes companies like YouTube from liability, so long as they take down copyrighted material immediately. The acts accounts for YouTube's quick response.
Meanwhile, Aaron says he wrote the music in his studio, on his time... so was it his song?
We called Aaron's client, "Physician's Formula." They had never heard of Aaron or his music video, but in good faith, they agreed to let him re-post. Unfortunately, talking to his boss proved to be more difficult than we thought. The company didn't seem so hot on cooperating with Aaron.
Luckily, we found out Aaron's music was actually already copyrighted!
"As soon as I put pen to paper and write, as soon as someone sings and records it -- that very act of transmitting -- that very act of recording it gives you a copyright," says Pasquale. "However if you want to register your copyright to prove that you have ownership... If you ever need evidence that you actually do own this thing, that's where registration is important."
Our expert warns that when it comes copyright issues, there's a huge difference between the worst that can happen, and what usually happens. But there's a first for everything! To be safe, obtain a copyright on original music, and try getting pro bono help from local law schools or volunteer lawyers from the arts.
As for Aaron, he's filed all the necessary paperwork, and should be receiving his written copyright in the next few months. It may take some time, but -- unless his old bosses take him to court -- he'll be rockin' to his own beat... on YouTube!
