Legal issue with youtube

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Hi folks. I have been using lmms for a few months now. I am not the best, just basic rythms and beats. Anyway, along with "stopmotion" programme, I decided to try my hand at a stopmotion animation. I did all the photo sequence and put it together in stopmotion. I then added a soundtrack which I created myself using the lmms suite. I attempted to post the finnished video on youtube. I recieved an email from them requesting the licence which stated I could make money off my video as well as the software I had used to create both the video and soundtrack. I have searched numerous gpl wikis and cannot find anything that would satisfy the hypocrites at youtube (hypocrites seeing as youtube's arcitecture is built on gpl licenced software) I need help. The video is not good but its my first attempt at producing my own work. I will post up a copy of the last email i recieved from youtube today so you may get a better understanding as to the situation I am in. If you need any further info, I will quite hapily post all the emails, as well as a link to the video i created. (be warned, the video is lame as hell, lol) Thanks in advance
heres a copy of the most recent email from youtube, hope it helps>>>>>>>>>

Hi Peter,

Your contract does not appear to give sufficient COMMERCIAL rights for your video to participate in monetization from and or Ubuntu Studio.

YouTube is not in a position to offer legal advice or to counsel you in any way. However, we have listed some elements below which we have seen in contracts to give you a sense of the types of documents we receive.

-explicit permission to use the rights holder’s content commercially (example: “I, rights holder’s name, give your name or channel’s name, the right to use my original content commercially.”)
-contact information for rights holder
-electronic signature with date (this can be as simple as the rights holder writing out full name at the bottom of the document)

Please be sure to pay attention to any limitations and/or conditions specified by the rights holder concerning your use of the content.

Once you have the appropriate contract, please email it to us as an attachment.


The YouTube Team
IANAL, but the *only* legal leg they have to stand on (to reject your work, that is) is whether you used *content* from LMMS or stopmotion, not whether you simply used the *software* or not. If you used samples or drum patterns included with LMMS, then you'll need to get some clarification from the LMMS developers; likewise, if you used images or scenes included with stopmotion.

Imagine that Sherwin-Williams tried to claim copyright to a painting you made with the paints, brushes, etc you purchased from them.

Completely idiotic, right? Same thing. Software authors have NO claim to anything you create using their software (Apple's recent textbook insanity notwithstanding ::rolleyes::).

One last time; reading over the YouTube we're-scared-of-lawyers-so-we're-going-to-harrass-you bits, what they are referring to is CONTENT not owned by you. If everything in your video is something *you* created from scratch, using the software mentioned, IT'S YOURS.

P.S. I'm a little annoyed that none of the free/libre (presumably) zealots around here have stepped up to help you with this.

EDIT: On re-reading the YouTube nonsense YET AGAIN, I think it may be that they merely want 1) A statement from you that you own all rights to the work you are uploading and, (probably as a lame way to semi-verify that you might have actually made said work) 2) the software involved in making it. So, I suppose they think they're being clever and hoping to catch someone out, like "OHO! You made this video with Microsoft Word, you say? BUSTED".
I'm not entirely sure what your problem is, but nobody can press charges on your work just because they recognised some samples that come with LMMS. LMMS is open source and so nobody can get into trouble using them. BTW I would be interested in seeing your video.......Link please!
Oh boy. Now you're in for it. I learned the hard way that you do not have to and should not link the software used. Their help page telling you to do that is a bunch of thermal gel. Youtube is really a pain in the face when it comes to monetization. Trust me, I monetized a year running webshow and numerous music tracks. You basically have to figure out the magic words and hope for the best. When they come around looking for "clarification," they usually explain what data they want. For me they usually want the following(even if they don't mention it explicitly):
"record label(if any)," to which either unsigned or none will do
"rights holders name and contact info," to which I give mine
"song title," and
"composer name" to which I give mine.

My advice? It looks like they think that your video must be considered a "derivative work" of the pieces of software you mentioned, even though your video has probably has nothing from any of that software anywhere in it. Explain that your video is "program output" and thus free from the restrictions of the GPL.