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    Legal Question


    I downloaded a wind.wav sound from user ERH (with a creative commons licence) here a year and a half ago (2010). I used it as a backgound sound in a short film I made. Now IODA is claiming that it is the copyright material of a band called Horrendous, because they use it in a song from their 2012 album, and that I owe them advertising rights. If that's the case than any sound I use on here is going to enslave me to anyone who claims is it as their sound. What do you suggest?

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    that sounds like rubish to me:

    1st their record is much younger than the sound you downloaded.
    2nd you can prove that you downloaded the file at Freesound.org with a CC Attribution license (click on attribute on your profile)
    3rd they had to attribute ERH!!!! Did they do that? Where did they get it from, the sound is downloaded 77561 times !!!!
    4th according to description by ERH, it's obvious he made the sound himself

    http://www.freesound.org/people/ERH/sounds/34338/

    I suggest, that they have to show you, where they got the sound from. If it is the sound from ERH and they did not attribute it on the CD, they have a problem not you!
    Just that they used it also, doesn't mean they suddenly own copyrights on it!! Those right stick to the creator, which is ERH!

    audio.burkay.at soundcloud.com/burkay
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    Here is the song in Spotify (scroll to the end, where the "desolate wind" is coming in):
    http://open.spotify.com/track/3kyczTivqED0zLQBsLDBfr

    sounds like the same sound to me. Check the booklet: http://ecover.to/?Module=ViewEntry&ID;=639506
    They did not credit ERH.
    Sue them! wink

    audio.burkay.at soundcloud.com/burkay
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    Lunarvatic,

    please contact them and tell them to contact me at support (at) freesound (dot) org.

    when you contact them, put me ( = above email address ) in CC.

    - bram

    Warning: if you break the rules, see my avatar. Freesound Admin, Moderator, Ex-Freesound-Coder & Benevolent Dictator For Life.
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    Thanks Burkay and Bram. I will do as you suggest Bram. I also got in contact with ERH and he clarified that they are profiting from his sound without permission. Do you think I should contact the band, IODA or both?

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    The band is using ERH's sound. They phase cancel.

    See notes: http://soundcloud.com/psteak/erhinversions/s-4AMAa

    Visuals - freqency and wavform comparison of the song and ERH's raw sound:

    http://i47.tinypic.com/atxf9e.jpg
    http://i48.tinypic.com/24dikug.jpg

    Download all that stuff if it's any use and I'll take it off the page. Those are "private" links but can be accessed by anyone with the link.

    Note that ERH's sound as it appears in the specific recording of "the somber" I used, aside from the original process of being mixed into a metal song and that song being mastered, had been converted into a lofi Soundcloud stream, probably from a file already converted into a lossy format, and then re-recorded by myself through an analog output back into digital audio. When set against the original ERH wav, it phase cancels as much as could reasonably be expected from a file so degraded. Results, I trust, would prove more dramatic using an unaltered version of "the Somber". Draw your own conclusions, of course. All the above is repeatable by anyone.

    For reference, the recording I used for "the somber" was taken from here: http://soundclOud.kom/brooklynvegan/04-the-somber-desolate-winds (the link is altered just to prevent auto-linking. Whoever that is has nothing to do with any of this and doesn't need to be bothered)

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