While looking for some iPad game trailers on Youtube, I noticed Pavel Doichev of PDJ Apps has been using the channel "pinkfloyddwc" (same as one of his 2 iTunes names) to advertise his "Sand Garden" app on Youtube illegally using BEATLES music (Because from Abbey Road) and the tags "beatles" and "because." http://www.youtube.com/watch?v=E5FCrdx3hrY I'm just flabbergasted, although it doesn't affect me personally. It just seems unfair, at the very least, and is probably illegal. edit: Here's a screenshot proving that they're the same person (note the various pdj apps)
I wouldn't know who to call, and I don't care to line Yoko's pockets any more, but it should be noted that most Beatles songs costs more than the Sand Garden app, which happens to be listed as a top selling app. FYI. Over and out.
As the lawyers would say, you don't have any standing in the case. You don't know that he isn't paying ASCAP. Or that he didn't personally receive permission from Michael Jackson's estate. Or anything about it, really.
Good point. He probably just paid for the rights to the use the song in this limited way, or knew someone close to Mike. Possibly the song is public domain.
Lots of developers use unlicensed music on their YouTube videos (we never have). Ultimately it's an issue that has nothing much to to do with us unless we're downloading the app on the understanding that it's the in-game music. If developers want to go down that route without a license it's between them & the IP owner. The IP owner will always win (I'm a lawyer). If we're going to get into this, be prepared to go a long way back as I can think of a few YouTube 'offenders'. Having said that, it's an inspired choice in terms of music - I love it! Who's to know whether it's been licensed or not...
I doubt he paid for the rights. He probably did what everyone on YouTube does: Just dub the music over top of the video without permission. There are some cases -- and I don't know what cases -- where YouTube will slap links to the artist and their label in the video info and pop up an ad for their album when it recognizes a song someone has dubbed over. (Happened to one of my video reviews a year or more ago when I used a Deadmau5 song.) Could be a deal YouTube has with the label though. I doubt they have any such deal with Capitol/EMI though. You could always report him to them.
It turns out the app was featured as a "staff favorite," so maybe PDJ Apps will be able to afford all the fines once the appropriate agency gets around to reviewing the offending video. I've rated the Sandgarden app one star, reported the infraction to Youtube, and may report PDj Apps to EMI or a watchdog group for app fraud - if there is one.
Because it's the BEATLES. I don't know beyond a shadow of a doubt, but I'm not accusing him of a major felony either (or is it a felony, idk). I'm sure at least one person (maybe someone not from around the Americas) viewing that video clicked the embedded App Store link because they liked the music and thought it was in the app itself.
FWIW, it isn't all *that* hard to license a piece of music. There are plenty of websites that can broker your usage of just about any tune. My frustration the last time I tried is that the "canned" deals available were really all designed for traditional media. There was almost no recognition of uses like promotional Youtube videos, making it hard to understand if the available options would provide sufficient rights for what I wanted to do. Of course, this was back when every music studio known to man was suing Youtube, so there's a good chance things have changed by now.