10 Aug 2021

We are destroying our earth!

Who still does not want it to be true, just read this: https://www.ipcc.ch/report/ar6/wg1/

On my own matter:

Good news from Soundcloud

Four days ago I tried again to upload my “Fatty’s Landslide” mashup. After it was still blocked from upload filters, I opened a dispute against Soundcloud, and they finally released it. Thank you.

The possible reason why:

“Due to the copyright reform of May 31, 2021, since August 2021, YouTube, Facebook & Co must check user content for possible copyright violations before uploading it . They are obliged to do this by the new Copyright Service Provider Act (UrhDaG), which in turn implements the requirements of the EU Directive on Copyright in the Digital Single Market (DSM Directive).

This guideline became known mainly through the protests against its article 17, which provides for the introduction of upload filters (even if the term “upload filter” is not used at the political level).

However, the new law is not just one-sided to the benefit of rights holders. Because the law also contains exceptions and procedures that protect the rights of users and prevent unauthorized blocking of uploads (so-called “systematic overblocking”).

These exceptions include so-called “pastiches”. The term “pastiche” or “pastiches” was hardly known until now, at least in colloquial terms. With the copyright reform, however, it becomes particularly relevant as it extends user rights a little more than quotes, parodies and caricatures. However, the legislature has refrained from defining the term in the law.
In the justification for the law, however, the legislature shows that it generally understands the term further and lists “Remix, Meme, GIF, Mashup, Fan Art, Fan Fiction, Cover or Sampling” as examples of pastiches.

In the future, courts will have to decide what will ultimately be regarded as an “appropriate” pastiche. Therefore, you should exercise caution in the marginal areas, e.g. when taking over third-party plants in the commercial area or takeovers with hardly noticeable changes.”
Source: Dr. Thomas Schwenke (translated from German with Google Translate)


Bonn copyright professor Louisa Specht-Riemenschneider has advised the Bundestag as an expert (?) and is generally satisfied with the new law.

However, §9 UrhDaG states, among other things:
For user-generated content that contains less than half of a third-party work or several third-party works, it is presumed that their use is legally permitted under § 5 UrhDaG.

That means the other way around, if I’m merging tracks that contain more than half of a work by multiple third parties – which is the case for most of my mashups – their use isn’t allowed. Thanks for nothing. Unfortunately, the problem with the publication of mashups has not changed.

And Soundcloud is blocking again … (12 Jan 2022)