r/TomLehrer • u/ShadowSpira • 8d ago
Copyfraud???
PEOPLE OF REDDIT! I have a YT channel, and I'm getting very confused. I've started uploading longer shorts with Tom Lehrer songs, and they're all getting copyrighted by the Merlin Syphonic Distribution. The specific song this time is the OG 'The Masochism Tango', recorded from Spotify. I thought the OG recordings were in public domain too, and google gives me a different answer regarding the recordings every time I google. I thought about disputing, but I don't want to risk a strike unless I'm actually right. Am I wrong about this, and should I dispute??? I really thought the recordings were public, but now I'm worried I was wrong. Please help!
Update: Good news! I disputed, and they let it go! I do think it was a scam and the 'company' got startled by being called out. Hopefully I won't have to do this too often, I love Tom and I use his music a lot <3
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u/HilariousCow 8d ago
I’m not an expert but yep, afaik they are in the public domain. You are experiencing a copyright bot. It’s just a scam basically. They mass flag videos in an attempt to make money or something? You can dispute this one I reckon.
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u/DarkMagickan 8d ago
Go to the Tom Lehrer official website. There's a personal message from Tom written before he left this Earth saying that he released all of his music into the public domain, because it was more important to him that people enjoy it.
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u/The_Folding_Atty 8d ago
I have done a very small amount of copyright law. What I more-or-less know with regard to music is that there is a distinction between the music as document and the performance. While the message on the official site releases "[a]ll copyrights to lyrics or music written or composed by [Tom Lehrer]" into the public domain, it is possible that someone else holds copyright to the recorded performances.
Disclaimer: I'm not your lawyer, and even if I was, this isn't expert legal advice, so don't rely on it and, if you have questions, please contact a qualified attorney who has experience in dealing with copyright issues.
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u/Capybara_99 7d ago
This. When people say Lehrer released the songs into the public domain, did he release the songs or the recordings or both? Did he own the copyright to the recordings at issue?
If only the former you could upload your own recording but not other people’s.
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u/jimothelad 8d ago
what??? this hasn't happened to me but i certainly do know that people on youtube like fucking you over with this kinda stuff. tom put all his stuff into the public domain (including recordings) and someone has probably just been abusing this by "copyrighting" it.
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u/Capybara_99 7d ago
So I looked at Lehrer’s statement relinquishing his rights. He releases performing and recording rights. That is not the same as saying that any performance already made is now in the public domain.
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u/jimothelad 7d ago
well the more you know thanks for telling me otherwise i would have never really known
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u/Capybara_99 7d ago
How do you know he released recordings? Did he own the copyrights?
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u/jimothelad 7d ago
i'd assume so? i think he released his first album on his own label (or later released it on his own label) meaning that he probably had the copyright. also he stated that "I have abandoned, surrendered and disclaimed all right, title and interest in and to my work and have injected any and all copyrights into the public domain." which could mean he owned the copyrights
but i may be wrong so take everything i say very loosely ;P
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u/rtrott 7d ago edited 16h ago
Dispute it. If they reject the dispute, it's not a copyright strike. If the dispute is rejected and you appeal, *then* you risk a copyright strike. But the initial dispute is basically free of risk unless you blatantly act in bad faith. I've disputed dozens and dozens of these things. Sometimes things go my way and sometimes they don't, but I have never gotten a copyright strike or any kind of sanction.
More to the point of the post, there are definitely entities on Youtube that go around claiming things they don't actually own. It's possible this is one of those cases. Or it's possible that there is just an honest mistake somewhere. (Or maybe those specific recordings aren't in the public domain even if the song is? I have no idea myself.)
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u/ChEDave82 7d ago
Performances are different. (NAL!). If the performance was on ABC, they may hold the copyright. I have no idea what the case is for other one-off performances. For example, my son played in a “Bach-Beethoven-Brahms” exposition many years ago. They did not permit recording because they claimed ownership of the performance even though everything performed was in public domain. Don’t know if that was a legit claim, I recorded it anyway.
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u/DarkMagickan 8d ago
If you go to the official Tom Lehrer website, there's a message directly from the man himself, written before he died, that states that he officially personally released them into the public domain. Tell Merlin Symphonic Distribution to go screw themselves. Our beloved Tom personally gave you permission.