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Devs- Is this ad scheme of PDJ Apps legal?

04-20-2010, 05:41 PM
#1
Joined: Jun 2009
Posts: 1,118
Devs- Is this ad scheme of PDJ Apps legal?

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)

Last edited by Grubjelly; 04-20-2010 at 05:47 PM.
04-20-2010, 05:44 PM
#2
Joined: Jun 2009
Posts: 10,505
Quote:
Originally Posted by Grubjelly View Post
It just seems unfair, at the very least, and is probably illegal.
Better call the cops.

04-20-2010, 05:50 PM
#3
Joined: Jun 2009
Posts: 1,118
Quote:
Originally Posted by ImNoSuperMan View Post
Better call the cops.
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.
04-20-2010, 05:52 PM
#4
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.
04-20-2010, 05:57 PM
#5
Joined: Jun 2009
Posts: 1,118
Quote:
Originally Posted by Uptown Arts View Post
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.
04-20-2010, 06:01 PM
#6
Joined: Oct 2009
Location: UK
Posts: 303
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...

Last edited by Pamx; 04-20-2010 at 06:23 PM.
04-20-2010, 06:01 PM
#7
Joined: Jun 2009
Posts: 10,505
Quote:
Originally Posted by Grubjelly View Post
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.
Damn. I knew I should have used some smiley to make sure you get my point. Here you go..

Quote:
Better call the cops
04-20-2010, 06:03 PM
#8
Joined: Jan 2009
Location: Toronto, Ontario, Canada
Posts: 5,206
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.

[Relax with Galactic Chill] [Let me tell you a story.]
Currently working on: Music for Spirit Hunter Mineko
04-20-2010, 07:23 PM
#9
Joined: Jun 2009
Posts: 1,118
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.

Last edited by Grubjelly; 04-20-2010 at 07:25 PM.
04-20-2010, 07:25 PM
#10
Joined: Feb 1983
Location: Barcelona
Posts: 1,268,692
Quote:
Originally Posted by Grubjelly View Post
It turns out the app was featured as a "staff favorite," so maybe PDJ Apps will be able to afford all the fines. I've rated the Sandgarden app one star, reported the infraction to Youtube, and am looking to report PDj Apps to EMI or a watchdog group for app fraud as well.
Again, how do you know he didn't license the music?