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I am not a lawyer, but this appears to be in direct violation of the license agreement that UMG made with AudioSparx: PROHIBITED USES 3. Licensee may not claim
by etingel 12y ago
I am not a lawyer, but this appears to be in direct violation of the license agreement that UMG made with AudioSparx:
PROHIBITED USES
3. Licensee may not claim ownership or authorship of the Tracks licensed herein.
REMEDIES
Parties' rights and remedies in the event of a breach or an alleged breach of this agreement by defaulting party shall be limited to affected party's right, if any, to recover damages in an action at law. Notwithstanding the foregoing, no failure by either party to perform any of its obligations herein shall be deemed to be a breach hereof, unless the other party has given written notice of the alleged breach and allowed 30 days for the breaching party to cure said breach following such notice. In no event shall Licensor be entitled by reason of any breach or alleged breach to enjoin, restrain, or seek to enjoin or restrain the production, distribution, exploitation, advertising, promotion, or publicity of Licensee's project or projects, or elements thereof, which integrate the audio content licensed herein.
http://www.audiosparx.com/sa/legal/terms_of_service.cfm http://www.audiosparx.com/sa/legal/terms_of_service.cfm
On the plus side, this means that you don't have to go after Google which probably has the right to put ads on any video and pay anybody they want for those ads. On the downside, you can't file a DMCA takedown on UMG's content and will need a lawyer to get compensated for the breach of contract. If you just want to get the issue resolved going forward, you could probably send a cease and desist telling them to stop claiming ownership over the music and they will stop.