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Designing Worlds DW-183 - A Christmas Tale in New Babbage

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Designing Worlds DW-183 - A Christmas Tale in New Babbage

This year we're showing a re-run of our most popular Christmas show. We'll be taking a trip to New Babbage. A rather chilly one too, if all the reports we've heard about the coal shortage are true!

Now, our trips to that industrial steampunk city have not been entirely without incident in the past - what with murders, dangerous dark mermaids, mendacious Santas and purloined diamonds ... to say nothing of Elrik being mistaken for Sherlock Holmes, or that time we discovered the dark secrets under the lost Asylum ...

But really, we're visiting libraries this time! What could possibly go wrong?

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Well this could go wrong for a start. Vimeo have slapped a copyright infringement notice on this video and the reason you can see it is that they are reviewing my appeal against the claim. The claim relates to the Designing Worlds Theme Music, which we know as "Bossa Lounger". They claim that the work is "Southern Breezing High" by Royalty Free Music Crew. It isn't. The following indicates the true title and copyright in this work. Vimeo please note:

The audio track in this video is called “Bossa Lounger Long” and was created by Associated Production Music Inc on behalf of Apple, Inc in 2006, and licensed by Apple Inc. as part of its “Final Cut Pro Sound Effects.” (and associated with other applications including iLife). The End User License Agreement states:


“2. Permitted Licenses Uses and Restrictions.

C. You may use the Apple and third party audio content (“Audio Content”), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original soundtracks for your video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however, individual samples, sound sets, or audio content may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files, sound effects or music beds. “

The sound recording attributed to "Royalty Free Music Crew", titled "Southern Breezing High", is in fact “Bossa Lounger Long.” Thus Vimeo's allegation of copyright infringement:

(1) mistakenly identified our theme music as "Southern Breezing High" and

(2) misidentified Royalty Free Music Crew as the copyright owner of “Bossa Lounger Long.”

Further, as the track is commercially available (eg http://www.amazon.com/Royalty-Free-Music-Collection-Vol/dp/B008S68U0A track 42), it would appear that " Royalty Free Music Crew" are in flagrant breach of Apple, Inc's copyright and Licensing Agreement in placing this and other tracks from the collection on sale. "... individual samples, sound sets, or audio content may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files, sound effects or music beds. “


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