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COPYRIGHTS Update: FreePlay Music Seeking $2,500 To "Settle" Demo Copyright Infringement June 28, 2012  Note: The author - a voice actor and attorney - sends VOXtra this update to his original article (repeated below) ...Voice actors who have received emails from FreePlay Music seeking a large sum of money (the going demand is $2,500, from what I've seen) to "settle" a copyright infringement claim with them, are invited to contact me prior to paying any money to FreePlay Music. I am attempting to assemble as many talents as possible to "spread the risk" and approach FreePlay in a unified manner to dispute these claims. I can be contacted at robscig@usa.net or toll-free, 877-638-3631. Now, the original article explaining what's happening ... By Robert J. Sciglimpaglia Jr. Attorney, Voice Actor & Actor It has been brought to my attention that Freeplay Music (freeplaymusic.com) is targeting voice over artists regarding their demos, and websites that host voice over demos, for unauthorized use of Freeplay's music on those demos. The company is sending letters and emails to voice talent and website owners regarding music on demos that have not been properly licensed from the site, and requesting substantial statutory damage payments under the U.S. Copyright Act for infringement. The Freeplay Music website allows free personal use of its music and sound effects library, but NOT for profit-making purposes or web broadcast. FREEPLAY'S RULES Here is the Freeplay Music policy: 2(c) Free Personal Use:
Subject to your full compliance with the terms of this
paragraph 2 (c) and full execution of a FPM license, FPM grants free master
recording and synchronization rights, to the FPM Production Music Library,
excluding the FPM Indie Artist and Sound Effects Library, when FPM music is
used for personal non-commercial purposes (personal listening pleasure,
personal family slide show - cannot be posted on a website). The use / purpose must be non-revenue generating, either directly or indirectly (promo, demo or other similar uses are consider indirectly revenue generating for the purposes of the preceding sentence). Free personal use excludes broadcast use of any kind, including without limitation: web, blog, and podcast, gaming or shareware. For use on demos, the site allows payment of a licensing fee. I urge all voice talent and those who display voice demos to ensure that no unauthorized music appears on the demos, especially music from freeplaymusic.com. ABOUT ROBERT ... Robert
J. Sciglimpaglia Jr. is a popular voice actor, actor and attorney
representing voice actors, actors and other performers. He is also owner
of All In One Voice,
a voice over instruction and business/legal services firm. And he is author of the 120-page Voice Over LEGAL eBook, a comprehensive guide to business and legal issues for voice actors and other performers, including demos and copyright issues.
Email: robscig@usa.net
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Freeplay Music Corp v. X-Cast Entertainment LLC et al
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Copyright Infringement – California Central District Court Filed: 7/25/2007
It seems to me a better approach would have been a simple Cease and Desist letter and "if you'd like to purchase a license, here's a 20% off code so you can keep using the music."