Popular YouTuber (80k subs) using my song without permission

[JoeBarge]

Now I apologize in advance. I am not from the states but I really don't know where else to ask at this point and I'm getting a little desperate.

Around 2016 a friend of mine started a YouTube channel for which I made an outro song.
Since then we had a personal falling out and we broke off contact. But before that I politely asked him very clearly
to refrain from using any of my music on his channel in the future. So far he obliged, but yesterday he uploaded a new video and started using
the outro again. I wouldn't even mind that much if he wouldn't be completely slandering my name on his social media but that's a legal
issue for another day.

Now here is where it gets a bit complicated though, and why I cannot find a clear answer anywhere:
I did not make the instrumental. That was made by another YouTuber, who I asked for permission to use it, in his comment section,
which he allowed. I only wrote and recorded the vocals.

Based on that, the YouTuber using my outro without permission, is using that fact as an excuse to keep using it. Even though I
very clearly asked him not to.

What actions can I pursue in this case? Should I claim the video in question? Can I somehow prevent him from using my works again?
All in all, he is using my voice without my consent. And I honestly feel a bit helpless in this whole situation.

Thanks for any replies in advance.

 

[FlyingRon]

You can get the YouTube video taking down by making a DMCA complaint: https://support.google.com/youtube/answer/2807622?hl=en

You can register your song and sue him in federal court, though that is probably going to be a lot of expense and effort for no gain.

 

[Zigner]

You can get the YouTube video taking down by making a DMCA complaint: https://support.google.com/youtube/answer/2807622?hl=en

Yep, he can use that as one option.

You can register your song and sue him in federal court, though that is probably going to be a lot of expense and effort for no gain.

The OP isn't from the US...

 

[quincy]

Now I apologize in advance. I am not from the states but I really don't know where else to ask at this point and I'm getting a little desperate.

Around 2016 a friend of mine started a YouTube channel for which I made an outro song.
Since then we had a personal falling out and we broke off contact. But before that I politely asked him very clearly
to refrain from using any of my music on his channel in the future. So far he obliged, but yesterday he uploaded a new video and started using
the outro again. I wouldn't even mind that much if he wouldn't be completely slandering my name on his social media but that's a legal
issue for another day.

Now here is where it gets a bit complicated though, and why I cannot find a clear answer anywhere:
I did not make the instrumental. That was made by another YouTuber, who I asked for permission to use it, in his comment section,
which he allowed. I only wrote and recorded the vocals.

Based on that, the YouTuber using my outro without permission, is using that fact as an excuse to keep using it. Even though I
very clearly asked him not to.

What actions can I pursue in this case? Should I claim the video in question? Can I somehow prevent him from using my works again?
All in all, he is using my voice without my consent. And I honestly feel a bit helpless in this whole situation.

Thanks for any replies in advance.

If you did not create the music and only provided the vocals and/or lyrics - and absent any written agreement to the contrary - you are a coauthor who shares in the work equally with the other artist.

As a coauthor, the instrumentalist can use the joint work in any way he chooses without your permission. You can use the joint work in any way you choose without his permission.

You and your coauthor need to share in any profits either of you realize with your use of the work.

Therefore, if the writer of the music has allowed for the YouTube publication, you have no recourse.

As a note: Although the Digital Millennium Copyright Act (DMCA) is part of US copyright law, the takedown notice can be used by those who reside in other countries, to remove infringing material from US-based sites.

 

[JoeBarge]

Thanks for the replies everyone.
So to say it in a bit of a cynical way... I just gotta live with him using my song and have no actual basis to do anything to prevent that?
That's gonna be quite the thorn in my side for times to come, but I guess I have no options left.

Still, thanks again for the quick help.

 

[quincy]

Thanks for the replies everyone.
So to say it in a bit of a cynical way... I just gotta live with him using my song and have no actual basis to do anything to prevent that?
That's gonna be quite the thorn in my side for times to come, but I guess I have no options left.

Still, thanks again for the quick help.

Yes. You have got to live with your work being used by the coauthor. He shares equally in the copyrights. He needs to share profits with you, however.

In the future, if you want to work with another artist, you should have a collaboration agreement drafted and signed, that specifies rights and percentage of copyright ownership - or purchase all copyrights from the artist (have all rights transferred in a written and signed agreement).