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Creative-Medias says

Hey guys, I would like your input on this.

I found that this project : http://www.revostock.com/After-Effects-Project/507735/Elegant-Simple-Clean.htm is using (and selling!) a very similar music to mine : http://audiojungle.net/item/elegance/2390444

Same chords, same tempo, same rhythm… and if you listen carefully you can listen the same melody at the end… But this guy removed the intro and the EQs are tweaked.

Is it my music modified, should I send a dmca?

Thanks for your input.

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MeGustaMusic says

Seems like he added new drums and fx . The spirit is the same, but as the lead melody is not define perhaps is difficult to say. I would send dmca or whatever is done in suach a case.

How did you find it? this is a fear that we all have!

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adammonroe says

Well, I would definitely say that he was basing his work off of your work. The progression is the same, instrumentation and rhythm are almost exactly the same, and although the melody isn’t well defined he is obviously applying the same technique. It would be much easier if there was a defined melody and he copied it exactly, but, when it comes to infringing on someone’s copyright, my understanding is that you only have to prove that the two songs are substantially similar, and in this case I believe they are.

Are you planning on sending the DMCA to Revostock?

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SonicCube says

Hello

While i can hear the obvious similarity, i’m not sure if it is worth spending all the energy on sending out a dmca. The problem is, that the chords and progression are probably not “unique” enough to proof it is your song/creation. I would focus on new tracks (your stuff is really great) and forgett about that track on RS :)

Just my opinion on this case :)

Greetings and have a great day.

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Art-of-Sound says

This is definitely your music modified, but such use is legit if it was purchased with extended license. I’d contact that Fantazo dude for an explanation.

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Creative-Medias says

Thanks a lot for your feedback!

I don’t think the extended license allow that… if envato extended license would allow that, a lot of VH users would purchase extended license and sell the music with their projects… which is not the case.

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Boldtrax says

Seems to me a bit like a gray area, a similar discussion has been here before. It’s obvious that the track is based on yours, but to me it sounds he re-recorded it with his own instrumentation / possibilities (btw, like the sound of yours much better).

I haven’t checked that, but I’m pretty sure that both tracks would match if you would put them stacked in your DAW . Anyway, if he purchased an extended license, he could be able to sell it, but modified (which the track he uses certainly is). I am a bit concerned since this hasn’t been officially finally answered yet what is really allowed with the extended license and what not.

I personally see this as a copyright infringement. But before heading for legal actions, I would just want to get in contact with the author of that RS file, maybe that could be the solution already.

Keep us updated, if there’s any news, that’s a really interesting topic.

Cheers Dirk

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Creative-Medias says

Last week I sent a dmca for an abusive copy on one of my videohive project, but in this case I entered in contact with the author as this is different, he is not directly selling the music.

He asked a freelancer on freelancer.com to do the job, on my side I asked him to modify the preview file and remove the music from the project file asap.

I know how long it takes to do the update on Revostock, I will send a DMCA if nothing has changed in one week.

I really don’t think that an extended license would allow this : if multiple clients purchase extended licenses and are able to re-sell our music on marketplaces (even modified a bit), that means the end of exclusivity for our item..

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Art-of-Sound says

I don’t think the extended license allow that… if envato extended license would allow that, a lot of VH users would purchase extended license and sell the music with their projects… which is not the case.

Well, don’t think, just read it:

You may use the Work alone or you may incorporate the Work into another work you are creating.
You may license, sub-license, sell, resell or re-distribute the Work or offer to do any of these things (together referred to as Resale) in the following circumstances:
the Work is incorporated into a larger work you have created ;

That’s what Fantazo did – incorporated your work into a larger work he has created.

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Boldtrax says

This exactly is the wording that gives me headaches, here the license wording needs urgently to be corrected cause it can’t be that anybody else sells my music on a stockmarket. Otherwise I could also buy an extended themeforest template and sell it on any other webtemplate platform.

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