Copyright Infringement on Ridley Scott's "Raised By Wolves" TV Programme

[erikborgo]

How about something like this?

 

Dear Sir Ridley Scott

 

I apologise for the somewhat angry, rude and perhaps unsettling tone of my previous email. 

 

I believe you may have misjudged thecharacter of your Composers.  It can’t be easy to write creative music to a deadline, but even so, it’s unfortunate that your Composers have seen fit to put us both in this position.  Never in my wildest dreams that any of my strange little noises would end up in a Ridley Scott production!  I love your work!  I’m a genuine fan. 

 

I also like “Raised by Wolves”. I believe this series has what it takes to be the record-breaking multi-year online streaming phenomenon that “Game of Thrones” was, before the budget became too huge to be viable.  I have no idea where the story arc is headed and would much rather be surprised than guess correctly.  Anyway, coming back to the unfortunate use by your Composers of my music.

 

  Is there any chance at all that we could come to a mutually amicable arrangement?  I’m a professional computer geek who dabbles in music, a poor imitation of a musician in fact.  I have no musical training beyond being able to tune a guitar by ear and play a few chords. But I would someday love to score a film. 

 

I’ve developed a mathematical method of creating pleasant sounding melodies very fast.  No sampling of other people’s work is necessary – I can even automate some of the process, which sounds unlikely but when you consider that the melody is the important part of a track; studio production is something any competent technician to do.  Sure, production takes time, but usually not as much time as making the unique melody – for me the reverse is true. 

 

Regarding the Youtube post of my music on the 8^th June 2020:  I created my little tune some months before June 2020 and emailed it out to my many friends and family.  At least one of them is a film composer.  I could be that my little tune found it’s way to your Composers through a route other than Youtube, some months before.

 

  However it’s happened, I trust that we can work some arrangement out where I can gain from your use of my music.  I’d like to be paid of course, but I’d also like a mention in the Credits as “Composer” to help my music soundtrack scoring career along. 

 

If you’ve already released the soundtrack including my music, I’d also like some sort of arrangement for that too.  I was a film student many years ago, so perhaps a backstage pass to your productions?  I do love cameras and lenses, lighting, sound and cinematography.  I’d be a minuscule fly on the wall.

 

I hope that you can find a little time in your undoubtedly busy schedule to reply.

 

Yours sincerely,

 

[honeybee13]

I think Sir Ridley would appreciate some paragraphs, Erik and it would make it easier for us to read.

 

HB

[erikborgo]

Oh no, I've done it again and too much time has passed for me to edit it.  Just tried.  Apologies.

Edited September 12, 2020 by erikborgo

[BankFodder]

I'm afraid I don't think that your proposed email is at all appropriate. In your second sentence you immediately start challenging the character of one of the composers – and this is confrontational and is calculated to put them on the defence.

Much of the email is spent outlining your requirements – but you are not at that position yet in the dialogue.

Also – the minuscule fly on the wall bit is just completely servile and I think you should start elevating yourself a bit. I agree with my colleague above that you should also put in paragraph spacing – and I've already pointed this out to you that we don't appreciate solid blocks of text here and nobody else will in the messages that you send either. Spacing and punctuation is a very basic presentational technique.

 

I propose the draft which I have set out below because all it is doing is alerting them to the issue and trying to open a door to deal with the proper person and to have a dialogue. This is what should have been sent originally instead of your rather abrasive and confrontational email - which I hope doesn't damage things too much.

 

Quote

I'm writing to you to bring to your notice a potential copyright breach.

I should say now that I wrote to you in the early hours of X X X when I first discovered the issue and I was rather angry and I believe that I wrote to you in rather confrontational terms.

I am the composer and the owner of the music contained in this YouTube video which I uploaded on the X X X date – YouTube link.

I've been watching Your "Raising with Wolves" series over the recent weeks – I've enjoyed it very much, but when I watched episode five, I was struck by a piece of music at about X X X minutes/seconds into the episode which resembled my own piece of music.

I carried out a comparison of the two pieces and there is no doubt that they are to all intents and purposes, identical and that clearly one piece of music has sourced the other for its ideas and its form.

As my own work is an original work which I made at home on my own computer, and also because it appears to predate yours by over three months, I'm afraid that unbeknown to you, that part of your soundtrack has been developed by reference to my own.

I have previously been a film student and I am aware of how accidental copyright breaches can creep into a finished work – especially in a large and busy production company.

Clearly there are some issues to discuss – and I'd be grateful if you would put me in contact with the person who is responsible for your music production element or for copyright matters within your organisation so that we can begin some kind of dialogue.

I look forward to hearing from you.

Yours sincerely

 

Just now, erikborgo said:

Oh no, I've done it again and too much time has passed for me to edit it.  Just tried.

 

It shouldn't have been in a solid block of text in the first place.

[erikborgo]

Wow, that's a lot better than my effort.  You're absoluely right.  Thank you for taking the time to write something so well thought out and clear.  I'll email them this now.

Edited September 12, 2020 by erikborgo

[erikborgo]

Emailed the letter.  Should I send it to them by registered post if there is no reply?

[BankFodder]

Wait a few days. In the meantime have a hunt around and you may find other contact details for them.

You may even find they have got a copyright department – have you looked?

[erikborgo]

I forgot that I also sent them this email last night:

---------------------

Quote

 

Dear Ridley

 

I hope that you don't mind my saying that using musicians who steal other people's work to pass off as their own is bad for your reputation and the reputation of your company.  

 

It's the hardest thing in the world to come up with an original tune.  It's all hard won.  That being said I've worked out a unique method to make an infinity of lovely melodies quickly.  I can even automate some of the process, but I digress.  

 

Those two have let you down.  Using musical types of low character will leave you with a shot foot.  I have a mind to stop their Royalty payouts from PRS.  

 

As I said, I would much rather not go through the Courts.  Your new series is excellent, by the way.  I particularly like the music on 32 seconds of Episode 5!

 

Regards,

 

 

[BankFodder]

And you think that was a good idea?

[erikborgo]

I'm not used to large commercial concerns having any sort of regard for me at all.  Quite the opposite.  Polite dialogue and negotiation is something I'm good at on a one-to-one level.  I have to be, otherwise I can't sell anything.

 

With large companies like British Gas, Virginmedia etc. I've only ever found positive change in my favour to happen when I go on the offensive fast and to the max.  I also found it useful when I was an IT Manager, many years ago.   Aggressive always got suppliers changing their interactions with us for the better.

 

I don't know how people in showbiz communicate with each other, it's not my world.  Neither is the world of legal-speak.

 

After reading what you all have had to say, no I don't think it was a good idea.  I think that the time for genteel relations from their side may well have passed.

 

I'll post your excellent and very well thought out letter in a few days.  Thank you again.  In the meantime, I'll research their production as much as I possibly can and report back.

Edited September 12, 2020 by erikborgo

[Manxman in exile]

erikborgo - sorry if I've missed it but have you found the archived emails or whatever by which you previously distributed your composition?  In order to establish a copyright breach you'll need to establish that Scottfree (or whichever production company it is) actually copied your composition (or a significant part of it) and that it wasn't independently composed.  If you didn't distribute or circulate it before you put it on Youtube in June 2020, I think you're going to find it difficult to show that they must have copied it.  (Depending on timing they might even be able to argue you may have copied them!  Trying to add a winking emoji but don't know how!!!)

 

Also - I don't think that putting any suggestion at all in your letters and emails that part of your composition process is automated is a good idea if you are trying to claim authorship of a copyright work.  It doesn't necessarily mean it can't be copyright material but it doesn't exactly strengthen your argument...

 

Sorry - got to ask!  Looking at the tone and content of some of your communications - this is a serious thread, isn't it?  (Give us your Youtube link so we can listen and compare ourselves).

[Manxman in exile]

4 hours ago, erikborgo said:

> Copyright can only be transferred by an assignment in writing

 

It's the same with photos:

 

https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute

 

The Macaque couldn't write, therefore copyright remains with the Macaque.

 

I'll research and craft a very polite letter.  I won't make a move until posting up here first. 

 

I'm afraid references to stuff like this make me wonder if this is serious.  (Apologies if it is)

[erikborgo]

Unfortunately, this is serious and so far fetched and unexpected that I can scarcely believe it myself.  It's also intensely stressful.  I have all of my work and emails backed up as evidence and I'm actually quite put out that this has happened.  There is a link to my music in this thread. 

 

I've run an analysis of all the notes separately and they are exact, just played over 32 seconds instead of about 4.  It's also the unique sound that I created as an instrument, heavily processed through a guitar cabinet and a microphone, a sonic trick often used to add atmosphere.

 

Their version is not available online unless you watch Episode 5 of "Raised By Wolves" between 9m 53s and 10m25s.  They've taken the first section of my track, stretched it out and added effects and reverb - if they had recreated it and changed the order of the notes, it would have been theirs and they would have gotten away with it Scotfree. 

 

 

Edited September 12, 2020 by erikborgo

[erikborgo]

Also I haven't automated it yet, but I could if I invested the effort - there's no need to, because it's just an occasional and (usually) relaxing hobby for me.

 

We all use the mathematical rules of Golden Ratio when listening to music and assessing it's attractiveness,  whether it's conscious or not.

 

I'm adding too many posts again.  I'll update this thread with any developments and information when I have a more complete picture.

Edited September 12, 2020 by erikborgo

[Manxman in exile]

OK - found the link.  (Must have skimmed over it earlier.  Sorry).

 

So your saying that they've copied the first ten notes and then electronically modified the way they are presented?  (That's what I understand you to be saying anyway.)  Plus they've expanded the length of the excerpt from around 4 seconds to about 32?

 

I suppose it would depend whether a court would decide that that amounted to a significant "copying" of your original composition (assuming you can establish you authored the original).

 

If ScottFree (or whoever) don't accept your allegation of copying you'd have to take it to court.  You'd probably need expert musicologist(?) evidence that the two pieces of music were so similar that the later one was, on the balance of probablilities, copied from the first.  Then the court would have to agree with that view.

 

You may have difficulty establishing the copying.  (In the "My Sweet Lord" case George Harrison was found to have subconciously or unwittingly copied an ealier song - can't remember what - but the writers suing for copyright infringement had a relatively easy job because Harrison didn't deny that he knew the song and had access to it.  Can you show ScottFree had access to your composition or knew of it?  And that was an American case so I'm not sure how persuasive the reasoning would be here.)

 

I Imagine starting a copyright case would be expensive.

 

(I see you've posted while I've been typing).

[erikborgo]

They have copied ten notes in sequence as I composed them exactly - by sampling and cutting.  They then turned it into into something more atmospheric sounding, by spreading the notes out over 32 seconds and adding reverb and effects to my original track section.

 

It could cost hundreds of thousands of pounds to take them to Court.  If I did retain Lawyers, the only way I could afford to is on a "No Win, No Fee" basis.  The potential disruption (as pointed out by BankFodder) of a Court case to the syndication of their show on Amazon and Netflix, would be highly undesirable and effect their bottom line.

Edited September 12, 2020 by erikborgo

[Manxman in exile]

It may come down to how "obvious" it is that they've copied those notes and how far their modifications have produced something that is recognisably different from your original work.  (So your work may have been copied to the extent of a sequence of ten notes, but any "value" in the Scott production music might be considered to derive from their subsequent treatment of your ten notes, and not just your sequencing of them.  I simply don't know and neither does anyone else at the moment).  Has anybody else with musical knowledge and or experience listened to the two pieces of music and if so, do they agree with you?

 

I'm not sure about potential disruption.  The "Creative" Industries are rife with claims and counter-claims of plagiarism and some executives might take the view that this was added publicity for the programmes.  I suspect that nearly every production is subject to claims from somebody that something was copied or stolen.  I think it goes with the territory.

 

EDIT:  If you can't afford to retain a lawyer you'd probably have to go down the no win no fee route.  Not sure if there are many NWNF firms specialising in intellectual property law out there.

 

Good luck anyway.  It must be very galling to hear something you've composed spmewhere else.

Edited September 12, 2020 by Manxman in exile

[BankFodder]

The extent to which their treatment of the notes which they copied my have added value is irrelevant to the question of whether the copyright was breached. That would only be relevant to the question of damages.

I agree that there is little chance of disruption. I certainly didn't indicate there would be disruption. I simply suggested that it might help to put pressure on the production company

[Manxman in exile]

True, but I think the question of "how much damages" needs to be considered by the OP in deciding what to do.

 

I don't think anything the OP has done so far is likely to put any pressure on a TV production company.

[erikborgo]

I've used frequency measuring software to identify the notes they have sampled - a bit like software based guitar tuners, used widely used to precisely identify notes and chords within an audio track.  Those are my notes and they have sampled my unique instrument sound.

 

It does take a trained ear but that's where frequency measuring software makes up for the lack of having perfect pitch, which is extremely rare.  My musician friends agree that it's my tune and sample.

 

Yes they could claim that it's their work... in which case why not make something completely new themselves in the first place?  It's what they were paid to do.  Crazy really, but as you say this sort of thing is rife within the music industry.

 

 

 

 

[BankFodder]

Certainly the ranting threats that he has made so far Will not have put pressure on anybody.

The way to deal with this is to treat them as if they are reasonable people and that they've made a mistake and that they will realise they made a mistake and they will want to sort it out for a reasonable settlement

[erikborgo]

My rants could have been much much worse, thankfully I was restrained because I'm a  Ridley Scott fan and sci-fi nut.

 

I may well have poisoned the chalice. 

 

There isn't a lot about Scott Free.  Their website (when it was up) only contained two adddresses and two phone numbers:  for Scott Free in London and Los Angeles.  I had to ring London to get an office email address from a recorded message, which also told me that everyone was working from home, and to ring their mobile number if I know it.

 

[erikborgo]

I have no idea if any of the following is in any way helpful in determining value.

 

From Wikipedia

https://en.wikipedia.org/wiki/Raised_by_Wolves_(American_TV_series)

 

 

"Show Creator: Aaron Guzikowski"

 

- He doesn't have a personal web page that I can find.

 

"The series was ordered by TNT - Turner Network Television."

 

- Very information sparse website with no contact information whatsoever.

 

"These production companies were initially involved: Scott Free Productions, Studio T, and Madhouse Entertainment."

 

- This could be old information. They may not all now be involved.

 

So far screened on WarnerMedia's HBO Max, Canada's  CraveTV and CTV Sci-Fi Channel, will premiere on Warner TV On December 2020 in France and Latin America

 

 

From IMDB:

 

"Pruduction Companies: Film Afrika Worldwide, Lit Entertainment Group"

 

http://www.filmafrika.com/contact/

 

https://www.litentertainmentgroup.com/

 

- See what I mean?  Successful Production Comanies tend to use silly little "Business Card" style websites like these, which contain almost no information.  It seems intentional.  At least there's an email address on this one.

 

 

From Rottentomatoes.com

 

https://www.rottentomatoes.com/tv/raised_by_wolves-2020

 

"Executive Producers: Aaron Guzikowski, Adam Kolbrenner, David W. Zucker, Jordan Sheehan, Ridley Scott, Robyn Meisinger, Mark Huffam"

 

Aaron Guzikowski - No website

 

Adam Kolbrenner - No Website

 

David W. Zucker - No Website

 

Jordan Sheehan - No Website

 

Ridley Scott - Website recently disconnected

 

Robyn Meisinger - Linkedin profile only

 

Mark Huffam: https://cinemagic.org.uk/markhuffam/

 

- Should I email him?

 

WarnerMedia Contact:

https://www.warnermedia.com/us/basic-page/contact-us

 

 

HBO MAX

 

https://www.hbo.com/about/contact-us

 

"If you have questions about copyright violations, please contact us at copyrightviolations@hbo.com"

 

Finally, a copyright specific point of contact.  Should I email HBO Max now?  Or wait until the streamcount and syndication increase?  Or until I have viewed the whole series, to see if they have used any more of my music?

 

There may be some sort of industry insider newsfeed quoting streaming stats, which I don't have access to.

Edited September 13, 2020 by erikborgo

[erikborgo]

The “Composers”:

 

Ben Frost:

http://ethermachines.com/

 

Marc Streitenfield:

http://marcstreitenfeld.com/

[honeybee13]

Hi.

 

To answer your questions about emailing people, please wait for BF to see your latest findings before you rush into anything.

 

HB