This post is about a recurring problem for people using samples in their music. A few days ago someone posted on a forum for electronic music producers saying that they had used a guitar sample from KSHMR, purchased on Splice, and now had received a copyright strike on YouTube from someone who had been using the same sample.
This is not the first time someone had a similar problem, and for this exact reason I’m being very careful myself about picking samples. Short samples like drum hits are no problem, but longer melodic samples, like the guitar samples in this case, can unfortunately trigger the system. YouTube’s system for content-ID is meant to prevent violations of copyright, but can also react on perfectly legal use, as in this case.
It’s important to remember that you don’t own samples you purchase on Splice, you have only licensed them. The distinction is important. You are not allowed to claim ownership of them. If you find yourself receiving a copyright strike for a sample purchased on Splice you must appeal it. Hopefully YouTube understands the situation and withdraw the copyright strike. It always helps your case if you can provide a link to the sample.
However if YouTube refuses to withdraw the copyright strike your only solution will be to take legal action against the person behind the copyright claim, as they are not entitled to impose that copyright claim on you. I find it very unsettling that you can basically hijack a sample like this, so that the first person using it in a song in YouTube’s database for content-ID de facto owns it, without being legally allowed to do so.
We would need a legal ruling to sort this situation out once and for all, but unfortunately a court case is anything but cheap and is not in the best interest of anyone. Until then all you can do is making sure to avoid samples that can be identified, or at least tweak them enough so that it won’t be caught by the system for content-ID.
(Please note that this post is just my personal views and thoughts, and should not be considered as legal advice. In case you need legal advice you must consult an attorney.)
Johan Lindbäck 