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TOPIC: FCPX 3rd Party Addons Dispute

FCPX 3rd Party Addons Dispute 20 Apr 2018 02:17 #95232

  • steve223
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hello,

question without going into a long story I have an active YouTube niece channel with reasonable subscribers numbers.

I purchased a infographics addon from a known vendor. The not so cheap (AU$100) addon only gave me grieve it would not work properly as after a while fonts would disappear so I had to choose a different font which again would work for a while and the same issue even if it worked in FCPX when rendering fonts often where missing. This only affected this particular addon I have no issues with any other addon. I tried to solve this with the seller but after a while, he stopped responding and I filed a chargeback with PayPal for the non-working add-on. The vendor now filed a copyright claim for the video which uses his addon and YouTube without doing any questioning gave me a Copyright Strike and took the video down. All film footage in the video is my content nothing from anyone else, but I use his addon to create a graphic overlay (which did not always render correctly).

So here is my issue and question, besides that I paid for the addon I can't see that this is a copyright claim.

Could some please clarify

1. Everything any 3rd party addon creates in FCPX can be created manually in FCPX and Motion (which I also both own). An addon only speeds up the process but does not create unique content which I could not manually create with FCPX or?

So I cant see how an add-on vendor could ever file a copyright claim which would warrant the takedown of a video, or am I wrong?

I'm not trying to avoid paying for add-ons I spend thousands on them from many different vendors but you would expect them to work.

Could someon please advise.

Cheers

Stefan
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FCPX 3rd Party Addons Dispute 20 Apr 2018 04:42 #95234

  • dgwvideo
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I am not a lawyer, so this is not to be considered legal advice. I am quite sure, however that any content (i.e. music, video, graphics, photos, etc.) placed on YouTube or any other media platform would require you to either own that content or the permission to use it, whether for paid commercial work or personal use. All vendors of third party content should provide a license to you, commonly in the installer agreement or as a separate document, which provides permission to use their creation (plugin, graphics, etc.) either for commercial, personal or both purposes. The situation here seems to be you initially purchased a plugin which likely gave permission to use the product but due to issues you had, you cancelled the payment. If that is the case, then you did not purchase the product and technically do not have a license to use it. If it is working well enough to use, but has occasional problems you might be better off trying to resolve the issue with the vendor, or choose not to use it. You can dispute a copyright violation on YouTube by providing proof that you either own or have a license to use the content. To answer your question about the content creation in FCPX - No, not every plugin or template can be produced entirely within FCPX. Many can, but many also make use of other compositing softwares and effects applications in their creation. Even if they didn't, it is the creator who owns the copyright of his/her work, regardless of whether someone else or another software could produce it. I have some knowledge in this area, but as I mentioned in the first sentence - this is not legal advice, so asking a lawyer (if it's worth the hassle and cost) would be best.
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Last Edit: 20 Apr 2018 04:44 by dgwvideo.
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FCPX 3rd Party Addons Dispute 20 Apr 2018 04:54 #95235

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yea the payment cancellation actually never went through so I still paid for the add-on. I tried to resolve with the vendor but he stopped responding after I requested my funds back. May contact a lawyer and see what they say. As I can see it it he just provides an easier workflow to achieve the same outcome, all video content is 100% mine as I dont know how long the objection takes I re-uploaded the video and did the same graphs in Photoshop (could have also done in FCPX with pretty much the same outcome just took way longer...
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FCPX 3rd Party Addons Dispute 20 Apr 2018 06:20 #95236

no lawyer speaking, plus diff. jurisdiction-zone here = no such thing as 'copyright' in Europe, we differ Urheberrecht, Nutzungsrecht, Geschmacksmusterrecht << you LOVE (to speak out loud) the last one, don't you? ;)

technically - what dawg already told you: no, not every 'effect' can be re-enacted in FC/Motion; there's an API/plug-in kit avail, which offers tools way beyond what M5 does; examples: coremelt, ColorFinale et al

copyrights - is 'code' under © in your area? The claimer would have to proof, his code is way beyond copy/paste … no fun road to go.

copyrights - design … here, in Europe we differ… we demand a Schöpfungshöhe = thresholds of originality first, before discussing any claims. A rainbow-colored gradient? No 'art', no ©. A duck, wearing a sailor jacket but no trousers? Art = rights. A swoosh? No art, no © … but a reg.™ !!

sooo - … claiming a copyright for some add-on/plug-in? Hmmm. We had discussed such a topic, some years ago, motionvfx ./. pixelfilmstudios, the content were recorded 'patterns' … does this fulfill the threshold of being something to be under ©? Ethically - for sure! Legally - ask your local court.

afaik, copyrights (USA) is something the owner has actively to register … but your lawyer does know better. One can not claim 'copyrights' to 14pt Times on a 0-100% opaque gradient :lol:

re-engineering the 'effect'? If the other party HAS a © on it … thin ice, I'd say. Depends on how 'generic' the effect is. But a 100$ product should be some killer of awesomeness, I guess, beyond flying logos, fades 'n glitz, hm?
As a plugin maker myself I avoid best to my knowledge to mimic other products, esp. commercial ones … but that is a old-man-ethics-standard, hard to accomplish. Aside the fact, others get … 'inspired' by my stuff. Anyhow.

… sad story.
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FCPX 3rd Party Addons Dispute 20 Apr 2018 06:57 #95237

  • steve223
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Thanks, Karsten, yep that would make sense Ad ins 60$ something us so around $100 AU$ .

In general, I totally agree if you put your work into it to make something easier etc. you should get paid for it..
I guess I'm just astounded (never had to deal with this before) how easy it is to take someone works down on YouTube with © claim which does not need any further substantiation. Not worth it for me to spend big money to fight it will see an update if i get a response from my Lawyer. It just means better never get in any fight with a Plugin Developer if you do YouTube as they can shut you down immediately no questions asked, it's up to you to fight it
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FCPX 3rd Party Addons Dispute 20 Apr 2018 07:15 #95238

steve223 wrote:
…they can shut you down immediately no questions asked, it's up to you to fight it

… have to admit, this is the first time I heard of of such a case. So, I read (fast…) what YT says to that topic:
support.google.com/youtube/answer/2797466
… and don't miss the follow-up pages, what is a ©, can YT determine ownership, etc

… which is, no surprise, pointed at complete shows, pics, tunes.
In your case, just the 'package' is claimed to be under rights… Again, the question (I can not answer!!) is, does this 'design' contain enough to be worthy of any legal protection? When it contains 'camera work' - probably. If it contains 'just' art-work? (compare to the Nike swoosh)… ? … if it contains contains 'canned animations' only … ?

…just to feed my curiosity - would you like to share a screen-shot of that 'master piece' of add-on design?
karsten dot schluter at gmail dot com?
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FCPX 3rd Party Addons Dispute 20 Apr 2018 13:00 #95242

  • FCPX.guru
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Copyright in the U.S. is implied when the original work is created, as long as the claimant can prove they created it originally.

Filing a copyright is a safety net, and is your proof of original creation for future needs, but is not mandatory to claim copyright for a specific piece of original work.

I'm not a lawyer, but I've been there, done that, have the T-Shirts and bruises...
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FCPX 3rd Party Addons Dispute 20 Apr 2018 18:26 #95249

  • dgwvideo
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steve223 wrote:
It just means better never get in any fight with a Plugin Developer if you do YouTube as they can shut you down immediately no questions asked, it's up to you to fight it

We run into copyright issues with music all the time on YouTube, but it's a simple process to dispute it and supply the license for the purchased music (or in your case, the license to the creative content or plugin). YouTube releases the claim instantly once it's disputed until a resolution is reached. In every case (we have had about a dozen or two) we receive an email from YouTube saying the claimant released the copyright violation. We print these and file them away. So, if you feel confident that you purchased the plugin and have the rights to use it, simply go to the copyright link on your account and file a dispute. You'll be back up live almost instantly. The claimant will have 30 days to review your dispute and take any further action.
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FCPX 3rd Party Addons Dispute 20 Apr 2018 20:21 #95252

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yes same, still constantly have it from any licenced music I used during my Audio Block subscription which I now cancelled because of constant claims, their supposedly licenced content constantly get 3rd party claims against it. Using now Epidemic Sound and never had a claim
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