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

[erikborgo]

As my notes slowly played out, it slowly dawned on me that the music playing "Raised By Wolves" was very familiar: They used my music which I posted on Youtube and used it on their TV Programme. All their "Composers" have done is sampled my music and stretched it out over 32 seconds - you can hear it between 9m 53s and 10m 25s in Episode 5. They also added a lot of reverb, but it's my tune note for note. That particular musical composition of mine has been on Youtube since the beginning of June 2020. Their production has only just been released. Any advice about what I can do about this would be appreciated.

[erikborgo]

I've emailed Scott Free Productions today, letting them know that they have used my music.  In addition to requesting payment for my work, I cheekily asked for a credit as "Composer".  

 

Pointing out the issue with Amazon and Netflix is a great idea.  I wonder how I'd contact them?  Huge internet companies like that make finding a human to talk to extremely difficult. 

 

I'm a computer geek and have no official training in music.  I'm not a musician.  The only musical thing I can do is tune a guitar by ear.  I can however, draw notes onto a screen in MIDI and geekily "Play" a computer.  I use a very old version of "Sonic Foundry Acid" from 1996 and a lot of free VST (instruments & effects) from vst4free.com. 

 

Making odd noises helps me wind down and I sometimes post the odd strange sonic experiment on Youtube.  It feels more engaging, interesting and productive than watching TV.  Occasionally I get a lot of views. 

 

I tend to label - as in this case - my noises as trailers for upcoming movies such as "The Matrix 4 Trailer Final" or "James Bond - No time To Die" or similar, to get more views.  My hypothesis is that the "Composers" may have been looking for inspiration at some stage and perhaps looked at trailers on Youtube, stumbled on my little unfinished tune, took a fancy to the first few notes and sampled it. 

 

They've managed to stretch my 10 unique notes into 32 whole seconds of atmosphere, but it's unmistakeably my instrument sound and my exact notes in the same order.  Their processing of my sample is lovely, I might add, far better than I could achieve on my zero budget.  But all they have done is alter the timing of the notes, not the sequence, then added some very cavernous layers of atmospheric reverb after playing it through a guitar cab and resampling through a microphone held close to it - a standard technique. 

 

As for how I can prove it:  I don't know.  I don't write music as notation but I have all of the project files on my computer as MIDI. 

 

I did email off a copy several months before June 2020 to a friend who's brother-in-law used to make soundtracks for independent films.  The email sent might be evidence.  I tend to email family and friends with my odd noises, to amuse them. 

 

It's an unfinished bit of music, it hardly qualifies as that really.  I haven't registered on PRS and I don't at all regard myself as a musician.  Don't judge to harshly - they used the first 10 notes of my set of notes here and those 10 notes are all that you need to hear - ignore the rest.  Yes I know it's embarrassing and not terribly impressive, but I'm no professional:

 

 

 

 

 

 

 

 

 

 

Edited September 12, 2020 by erikborgo

[erikborgo]

Yes, I need to work out if the Soundtrack has been released and a zillion other things.  It's just that I noticed it last night and I really haven't a clue as to how to prove my copyright.  They could indeed simply replace 32 second of the soundtrack of Episode 5.

 

This is my email, I was very annoyed:

 

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

Quote

Dear Scott Free Productions

One or both of your musicians who are credited with the soundtrack for your new "Raised By Wolves" TV programme have stolen my music and used it on Episode 5.  The first note starts at just after 9m 53s and the last note ends at about 10m 25s.

I have attached my music for you to compare - watch episode 5 between 9m 53s and 10m 25s.  I have analysed and measured the notes: These are my notes in the same sequence and they've sampled my instrument!  There are too many notes for this to be a coincidence.  One or both of your composers are selling you the work of at least one other person without their permission. That particular short musical piece, which I composed, has been on Youtube since the 8th June 2020.  Your "Composers" have have simply sampled my music, stretched it out and added reverb - but it's unmistakably my tune and my instrument sound, note for note, and I can prove it.  I could not believe my ears as my sound and notes slowly played out, and it dawned on me that it was my music on your TV programme.  You have no right to use my music without my permission!  You have incorporated my music in your production without my permission and I would like to be paid for your use of my music.  I also want my name mentioned in the Credits.  I am very angry about this, but Ridley Scott is one of my favourite Directors and as such I would much rather this matter not go to Court unless absolutely necessary.  If I don't hear from you, you leave me no choice but to file a copyright infringement case against you.  I will also make a formal complaint to PRS and the Government Ombudsman.

Yours sincerely,

 

[erikborgo]

It is kind of cheeky really but you make a a good point - I just didn't want to express myself with any anger.  I'm miffed that they employed musicians who steal other people's work.  Making unique little melodies is one of the hardest things in the world to do.  At least it is for me.  It must be even more difficult for real composers to have to create new tunes every single day - the temptation to simply steal from Youtube from nobodies must be overwhelming when you have deadlines. 

 

 

Edited September 12, 2020 by erikborgo

[erikborgo]

I sent the email in the middle of the night and I have to confess that I also left an irate sounding message at Scott Free in Los Angeles.

Edited September 12, 2020 by erikborgo

[erikborgo]

I reasoned that by getting in early, I'd force them to bundle me into their Royalties or something, but they can of course simply edit my music out.  It has been streamed to a substantial number of viewers already.

 

 

Edited September 12, 2020 by erikborgo

[erikborgo]

You're abslutely right about everything.  I have a compelte clone of my hard disk as backup, plus the original hard disk itself  which is about to be retired and put into storage anyway (it's at least 10 years old, which is why it's been cloned) and all of my emails are backed up. 

 

I'll get researching.

[erikborgo]

> I can imagine that that person will probably get their arse kicked at some point.

 

The trouble with music is all the drugs - I can't count the number of creative people I have refused to have anything to do with because of what they smoke, snort or pill drop who knows what.  The weird thing is, they think it's part of their creative process to mess up their minds in the hope they come up with something original.  I doubt if Bach or Mozart had to do any of that.  Alcohol perhaps.  And of course it all changes how one sees risk.

Edited September 12, 2020 by erikborgo

[erikborgo]

>next few days preparing and also researching

 

Will do.

 

>conciliatory letter

 

I'll start crafting one now.  Must avoid coffee.

 

>direct contact email for Ridley Scott.

 

I copied him into that first email, having guessed his email address.  It might be read by his PA or secretary first and not passed on.  Or it might have been an incorrect guess - the email didn't get bounced back.

 

 

Edited September 12, 2020 by erikborgo

[erikborgo]

> 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. 

Edited September 12, 2020 by erikborgo

[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,

 

[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

[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?

[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,

 

 

[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

[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

[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

[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.

 

 

 

 

[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 [email protected]"

 

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/

[erikborgo]

My first two ranty emails were the only ones that reception@ and Ridley received.  The polite email I sent to Ridley Scott's personal email address has been bounced back to me - that latest email hasn't been received.  I had sent that email after someone manually disconnected their website from it's hosting server.  The Administrator of the domain name scottfree.co.uk is the only person able to change the web forwarding settings.  It was done manually.

 

Ridley may have panicked after receiving an email from a complete stranger, at his personal email address and may have feared that his website had been hacked, but all I did was guess his mail address correctly.  People tend to follow a pattern when choosing how to create their @email moniker, and that pattern can be guessed at by looking at the other email addresses at any given domain name. 

 

I'm a little worried about my use of the word "foot shot" in my second received raty email.  I was trying to use the "shoot yourself in the foot" phrase in relation to the dangers of using muisicians of "low character".  This was merely an abbreviation, I wasn't suggesting violence of any kind.  If I send my letter by post, they'll have my address.

 

There is clearly a problem if gigantic media concerns can simply steal from musical minnows posting their original music on Youtube.  They used my music to fill 32 seconds.  This matter may indeed go absolutely nowhere or quickly become unaffordable, but I must try. 

Edited September 13, 2020 by erikborgo

[erikborgo]

> Why don't you complain to YouTube

 

Youtube immediately takes material down if it's been used illegally elsewhere on Youtube.  I'm not sure what Youtube would be willing to do beyond Youtube regarding copyright infringements, they don't have the copyright.  Any legal action seems to be horrendously expensive.  But I will ask, if I can find a human to communicate with.

Edited September 13, 2020 by erikborgo