306 - SMULE PATENTS & COPY RIGHTS,

THE PROBLEM:

Copy Right Issues in "SMULE" a Karaoke Mobile Phone App

Message from Smule on a Deleted Recording.

Recording Disabled: This recording has been removed because of a third party claimed copyrighted backing track. Tap here for more information.


More information on your arrangement or performance
SMULE
NOVEMBER 25, 2020

Hi Smule Community,

We’d like to explain in a bit more detail why your backing track arrangement or performance may have been removed from our network.

When a Smule user adds an arrangement to the Smule catalog, they certify that they have the rights necessary to upload and license the arrangement to the Smule platform.

Smule has licensed an enormous amount of content for use on our network, and we continue to add to this catalog. However, not every publisher or writer wishes to make their songs available on our platform.

Occasionally, writers and/or artists, or their representatives, make copyright claims against content they find on our platform that’s been uploaded by our community. 

In these cases, even though the user has certified they have the right to upload the content, they may not have permission to do so. 

When this happens, Smule must take down and remove the content that is claimed to be copyrighted by such rights holders from our platform, to the extent that we are required to do so by them.

We respect copyrights of artists and partners, and if the rights holder asks us to restrict or remove content, we comply with their request.

When Smule is notified to remove a particular arrangement, we must also remove performances associated with that arrangement. Therefore, your performance may have been removed through no fault of your own. 

Rather, it may have been removed due to the fact that the arrangement over which you sang was improperly uploaded to our network by someone else incorrectly claiming to have the rights to the song or arrangement. 

Additionally, copyright holders and other rights owners often sell music rights to other parties, and the new owners may no longer wish to license to Smule.

While we are disappointed that this process has impacted your performance, we appreciate your support of writers, artists and rights holders and their wishes.

Thanks!
Smule Team

As I see it Smule's Legal Team has found a way around to redeem Smule from Law suits related to Copy Rights. 

Smule is the one Raking in Millions and is passing the buck to hapless individuals who are driven by the passion for music & the the desire to Upload Music and be popular with Smule members with ZERO Monetary gain

So many recordings get disabled because of copy right issues. Why cannot Smule block such uploads so Smule members to not waste hundreds of cumulative hours joining such invites? 

All Smule VIP members please Protest and get Smule to Act "Before and not After the Event". 

We members have a Right to Assume that all Uploads on Smule are Legit.

Comments from Smule Friends:

Rahul:

Smule is a platform, which works on content creation and not resourcing. Hence, uploaders are informed that while they have a choice to upload a track, but they have to act as contributors and only owners of the track to which they hold the copyright. As not many uploaders are original copyright owners, hence there are chances that their contributions can fall under legal tangles and in this case too Smule would not hold any responsibility, as they didn't ask the uploaders to contribute a track, to which they don't hold the copyright.

Hence, legally protesting against Smule won't help.

Hence , unless we use the track offew uploaders who are taking care of this copyright issues, Smule can't help in any manner.

Remember, none of the tracks are uploaded by Smule, but the users/ uploaders of Smule. Hence for uploads Smule can't be held responsible

My Response:

Rahul, I understand what you are saying. The counter argument is we are all paying customers and have a right to minimum service standards do we not ? If Smule can establish there is a copy righgt issue just a few days after the invite expires and hundreds have joined, why cant Smule block such illegal uploads in advance? Why not list verified and authorised uploaders? Why not hold uploads pending  check and then approve and open to members? See Whatsapp tried to infringe on privacy only in India and got so much flak and members switching to Telegram kver night that WA did a back flip and said the rules were applicable only for business users.

Smule is Dodging responsibility placing the onus on some individual but happy to make a financial kill. Say 50 million members world wide paying a minimum of $50 per annum

Comments from Babun:

I will do that. Sir. 

I been to many sites since 15 years. And there were many good sites. Like Muziboo, Lafango, Shtyle etc and smule is a product of Lafango. Muziboo and Lafango shut down becoz or copyright issues. Once audio company founds their music is been uploaded they use to claim and Smule will have to remove the track. 

And each and every song of Bollywood is copyrighted. Many audio company will not claim. But sometimes few company claims copyright.  

Smule and all site knows that each and every song is copyrighted. Sometimes they make a deal with companies direct. Once they start asking for more money they can’t pay then this copyright issues comes up. So they remove their tracks. 

I am an uploader and a karaoke track maker. I got my own team to make tracks and we make it for selling purpose and few I upload here on Smule.  

But then many other uploaders copy my track 😁 so now am forced to add water mark to avoid copying. Let’s hope for the best. 

Muziboo and Lafango were shut down becoz of copyright issues  

Thanks sir. 

Have a great day

My Response:

Thanks Babu for your response. My good friend in Sydney Ansari Hamid is a Copy Rights expert and am having this discussion with him. 

Smule was good in 2017, to day it is so difficult to find songs I want to sing and invite. 

Looking for a song in your song book is even more difficult as it is arranged in order of upload and not alphabetically.  

These days Smule has stopped listening to customer complaints and suggestions. 

Why don't you start something similar to Smule after ironing out all Smules problems. More and more singers are disenchanted with Smule right now. 

I will try and switch to Whatsapp to continue this discussion. I do have your contact number and will use your profile pic to trace you

Thanks

Babus reply:

It’s easy to find my tracks 

In search 

Write btrk give a space add title and hit search 

That’s for tere bina zindagi 

BTRK TERE BINA 

THEN HIT SEARCH 

YOU WILL GET TERE BINa

Use this format of btrk space title

PATENTS:

A patent is a right that is granted for any device, substance, method or process that is new, inventive and useful.

A patent is a legally enforceable right to commercially exploit the invention for the life of the patent.tent is a right that is granted for any device, substance, method or process that is new, inventive and useful.

COPY RIGHT:

Copyright is a form of intellectual property that protects the original expression of ideas. It enables creators to manage how their content is used.

Copyright is a form of intellectual property that protects the original expression of ideas. It enables creators to manage how their content is used.

The copyright system provides an environment that fosters the creation of new content for the benefit of society as a whole by:

providing an incentive for people to create and invest in new content by enabling them to set the terms on which others can use the content; these can (but might not) include payment providing a financial reward to people who have created content that others find valuable, and lack the skill or time to produce for themselves.

There is no registration system for copyright under Australian law. Certain forms of expression, such as text, images and music, are automatically covered by copyright under the Copyright Act.

To achieve its objectives, the copyright system treats different uses of content in different ways. Some uses require permission, enabling the copyright owner to set the terms of use. Some uses do not require permission or payment. These include (subject to conditions) individual research or study; criticism, review, parody, satire, reporting news and private time-shifting, format-shifting and space-shifting.

Other uses do not require permission but do require fair payment. These include uses covered by the statutory licence for education and statutory licence for government managed by the Copyright Agency.

See the most common copyright myths to test your knowledge.

There are many myths and misconceptions about copyright. Here are some facts.

The following information is for guidance only. It is not legal advice.





I asked my good friend who used to work for a Copy Rights organisation as CFO

and he referred me to the following site

APRA AMCOS

How music copyright works

Learn how copyrighting music works and our role in collecting licence fees and distributing royalties to music creators.

How music copyright works
Share

Music rights & royalties

Copyright is free and automatic. Copyright is there from the moment you write down or record the song you've created.

The Australian Copyright Act (1968) gives music copyright owners a number of exclusive rights. Nobody else can use the work without getting the owner’s permission first, and if necessary, paying a royalty for this use.

APRA AMCOS represents 2 basic rights that apply to songs and compositions.
Performing right (APRA)

The PERFORMING right is exercised when a song or composition is performed in public.


This includes:

Played live at a gig, concert or festival
Broadcast on TV or radio
Streamed on digital services
Played in a shop or restaurant
Viewed on YouTube
Used in an exercise class

Reproduction right (AMCOS)

The REPRODUCTION right is exercised when a song or composition is copied in any form for commercial purposes.

This includes:
Third party commercial products (e.g. a record label via CD, vinyl, DVD, cassette, stream, and download)
Synchronising an existing song with a film or TV programme
Sheet music

Musical works & sound recordings

To make it a bit more complicated, a recorded song has two forms of copyright. One is for the underlying composition, the other for the recording.
How it all works together




Music rights management organisations

APRA AMCOS is a music rights management organisation. That means we act as a link between those who create and own the copyright in musical works, and those who want to use it.

APRA AMCOS vs. PPCA – what’s the difference?

While APRA AMCOS administers the performing and some of the reproduction rights in songs and compositions, the PPCA (Phonographic Performance Company of Australia Limited) administers the performing right in ‘sound recordings’ on behalf of record companies and recording artists.

Take the song ‘Friday On My Mind’ by The Easybeats as an example. Harry Vanda and George Young wrote ‘Friday On My Mind’ in 1966. However, in 2008, Ben Lee released a cover version of the song ‘Friday On My Mind,’ as part of a tribute album. 

So we collected royalties for Harry Vanda and George Young because they wrote the song, while the PPCA collected royalties for Ben Lee’s record label because they released the recording. 

Learn more about PPCA.

Who's OneMusic

OneMusic Australia is an APRA AMCOS and PPCA joint licensing initiative launched in 2019.

OneMusic Australia offers joint public performance licences so there is no longer any need for separate licence agreements and invoices from PPCA and APRA AMCOS. The new organisation allows music users to more seamlessly meet their copyright obligations for the public performance of musical works, sound recordings and music videos. 

Learn more about OneMusic.

Want to learn more about music copyright?

We've put together a simple visual explanation of the Story of a Song—from inspiration through to royalty payments and all the work that goes on in between. Or visit these organisations for more information:

Australian Copyright Council
Arts Law Centre of Australia
Music Rights Australia
Australian Copyright Act 1968

Stay up to date with APRA AMCOS

NOW BACK TO SMULE INVITES AND SMULE DELETING RECORDINGS OF VIP MEMBERS

Eight days ago on4th of July 2021 I recorded and sent an invite for (hD) Duniya Bananewale. Today on 12th Julky 2021 I find there are over a dozen uploads for this song all active.

What does this tell me ? It tells me there is no copy right claim from people responsible for the song originally.

Guess where the Problem is today in 2021, new comers copy uploads from established expert uploaders on Smule like Nandan Mumbai, Sunil Chad, Imtiaz, Malek Zamaan, Mangeshkar, Soul Hacker, Moin Nimbus etc etc to name a few.

So Copy Right clamis are made by the Orginal Uploaders to smule. Now I understand why many uploads say we have Paid for the rights to upload this song Copying is Prohibited.

I can now Understand that Smule can act only when complaints are received.

A simple solution to this would be to Have VIP approved Uploaders so serious singers will use only Uploads from VIP uploaders and not some Rif Raf who is copying even the lyrics word for word including mistakes to create their own new Uploads to become Famous on Smule.

16th July 2021:

My Message to Smule on Deletion  of Recordings

Message from Smule : Recording Disabled: This recording has been removed because of 3rd party claimed copyright of backing track. Tap here for more Info...

My Response: Virtually every Upload on Smule of Indian Movie songs are copyright violations as may be just a handful may hold copy rights to their uploads. The vast majority of uploads are illegal. When a Popular Upload itself is an infringement of Copy right, how do these uploader have any copy right to their uploads. Should Smule be deleting paying members recordings using approved uploads after the event?. Makes No sense. 

Even if True then Smule can delete the upload after the event for good and black mark the uploader. 

Alternatively why not Smule Rate Good Uploaders and give them an Approved Uploader status like you do for VIP members, so members can stay assured that their recordings will never get deleted. 

For each and every song title, List the uploaders by Rank. Right now Uploaders are using a lot of tricks like they use to get their listing come up tops in the Search facility and is in fact a Nuisance for keen members. Please Consider. 

Each song title can be Given a unique  12 digit Code by Smule to block small time uploaders and hackers of copy right infringements of other Quality Uploaders. 

Writing Lyrics in English to a Hindi Song takes a lot of skill and phonetics which not all uploaders possess hence they copy the English Lyrics which is not FAIR