My friend, Michel, asked me one day to play some piano in MIDI (he lives in France and myself in Canada) format. This way it was easier for him to use his own piano in his studio and then record a soprano saxophone on top. Once it has been done he put this music on this site - https://archive.org/

What happen next is a bit strange for us because we don't receive any money for this use of our music. Someone (Mmr Team) put on YouTube a video using our music to apparently sell some other music. I found this by clicking a link on the video where our music is used - https://itunes.apple.com/us/artist/mrm- ... 1042049102

I was wondering if it's legal or not. It looks like they don't sell our music but they use it as a path to go to their site. Do someone of you can tell me if we have some rights about it. It goes fast...this morning I've seen about 1,448 millions click on this video and this afternoon close a thousand more to reach over 1,449 millions of clicks.

On the other side, they say where they took this music and they give our names...Alain Auclair and Michel Maurice Fortin.

Are we screwed?

Here is the link to listen to this video.

[youtube2]http://www.youtube.com/watch?v=1qX-0pjxQHI[/youtube2]
https://www.youtube.com/watch?v=1qX-0pjxQHI

Hi Alain,

When you write music it is your "intellectual property" unless you willingly sign away that right.
The current problem we all have is collecting royalties,
particularly from the newer online/download sources.

In your case Michel put the music on an archive website that is clearly mark as "free",
so people can download and use the music without charge.
In other words Michel willingly signed away the rights.
So it won't generate any money, because the youtube people didn't pay the archive site a usage fee.

I suspect you've been given a name check on the youtube video as part of the free use of your music...
basically anyone using your music is under a moral ( but not legal??) obligation to tell the listener where it came from,
just incase anyone actually wants to employ you as a composer or player.

You should check with the Archive website exactly what their terms and conditions are,
but its most likely as I've described above.

Sorry Alain, the whole area of payment is a veritable minefield.
I've also had my share of disasters!!!

All the best from the UK!!

Steve

Wow scary stuff. If it was put on a free site I guess there is nothing you can do. I dont know as I ve never had it happen. Alain Perhaps get a hold of SOCAN and see what they say as they are the ones who collect royalties for composers. They collect on behalf of agencies around the world as well.

Thank you guys for your answers. We don't want to fight to get something from it. We changed our plans and we'll work on our own things in the future. It's crazy...I went back to this site this morning and there are about 5,000 clicks more than yesterday. That means an average of 150,000 per month. With all the publicity seen by all the people visiting this page...I guess there is some money somewhere.

Good luck with you endeavours Alain.
The music by the way, was really sweet...you deserve to earn a few bucks from it!!

Sadly we live in a culture that thinks music should be for free.

I might explode if one more ignorant person says to me "whaddya mean you want to be paid? all you do is sit in a corner and widdle your fingers'

Cheers
Steve

Each day I can see that about 5,000 clicks more are done on this video. My friend and me are not weird people. We are from this cool generation (early '70's) and we are not really money oriented. What we finally did is write to these people and asked them if we can be part of their team and if our music can be sold by them. A very cool approach. In fact, for the time being they don't sell our music, the only use it to promote their own business. There is one side of us who is proud of these results...I was looking this morning and I've seen this...1 458 687 visionnements (visionnements is french...that means how many time this video has been seen). Each time people can see publicity and I guess (I'm not sure) they can receive some revenus from them. But we don't want to sue them, we don't want them not to use this music. In fact we are a bit proud of what's going on. We'd like to be part of them if it's possible. We'll see if they think the same...we are wainting for an answer. I know it can be really naive from us...lol.

Not sure of all the implications but at first glance it seems "mutual piggyback" promo would be the way for you to be involved in their success, not by asking their permission. They didn't ask yours. You link to their almost viral video to promote your musically similar product. After all, it's your music.

Piggyback right back atcha. Strange sex in the post capitalist entrepreneurial world.

Thank you for your opinion (comment)...in fact I was bringing another solution to my friend Michel. I told him that you should write on their page of commentaries that we are the composers of this music and put a link going to some other music we did together. Like you said, they didn't asked our permission and we can play a bit the same game. If our messages are erased, the we can bring this to the attention of YouTube. It's really complicated to see who's behind this business. I was inquiring a little their site and it looks like they have many ways to publish their music...about 9 different sites...iTunes, Spotify, Google +, etc, etc...

I come back on this matter and I think that'll be the last time. I was listening a good tv programm and some composers were talking about this huge problem that occurs today with streaming music and all consequences. Well...using YT to put some music on this site is giving about 0.00028 cent for each click. That means when you reach 1,478,000 click (it's about the number of click I can see on the video where they use our music), it pays about 414$. And we are 2 musicians on this. I won't fight to get half of this amount...no way.

The musical industry is sick. Only these people can do some money. Composers are getting nothing...period. Always the same story since I started to play...october '69. Musical industry never loose apparently...only composers. Sad. I just turn the page and play live. This way I'm paid each time I play.

When art and music are devalued, a society is also devalued.

I was fortunate to to grow up at a time when musicians were real instruments of change in the world. No pun intended. We've lost a lot since then.