3. INFRINGEMENT: What about us - P!nk 2017-11-06

FB 7th November 2017 - 01:58

Hallo,Wir haben den folgenden von Ihnen auf Facebook geposteten Inhalt entfernt bzw. den Zugriff darauf deaktiviert, weil wir eine Mitteilung von einem Dritten erhalten haben, dass der Inhalt sein(e) Urheberrecht(e) verletzt:
Video uploaded on November 4th, 6:45am PDT, "P!nk - What about us (Cover by Sarah Fischer)"
Wenn Sie der Meinung sind, dass dieser Inhalt nicht von Facebook hätte entfernt werden dürfen, können Sie sich direkt an die beschwerdeführende Partei wenden, um Ihr Problem zu lösen:
Meldungsnummer: XXXXXXXX
Rechteinhaber: Universal Music Group / Universal Music Publishing Group
E-Mail: David.Benjamin@umusic.com
Copyrighted Work: Other
Sollte es zu einer Einigung über die Wiederherstellung des gemeldeten Inhalts kommen, veranlassen Sie bitte, dass die beschwerdeführende Partei uns ihre Einwilligung per E-Mail zusendet und dabei die Meldungsnummer angibt.
Facebook befolgt die in § 512(c) des Digital Millennium Copyright Act („DMCA“) festgelegten Verfahrensweisen bezüglich Benachrichtigung und Entfernung. Wenn Sie der Meinung sind, dass dieser Inhalt aufgrund eines Fehlers bzw. einer Fehlidentifizierung entfernt wurde, können Sie eine DMCA-Gegendarstellung einreichen, indem Sie unser automatisiertes Formular ausfüllen:
http://www.facebook.com/legal/copyright.php?howto_appeal&parent_report_id=XXXX
Wir möchten Ihnen dringend raten, die von Ihnen auf Facebook geposteten Inhalte zu überprüfen, um sicherzustellen, dass Sie keine anderen verletzenden Inhalte gepostet haben. Denn gemäß unseren Richtlinien sperren wir gegebenenfalls die Konten von Personen, die wiederholt Verletzungen begehen.
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Mit freundlichen Grüßen
Das Facebook-Team

ME. 11th November 2017 - 12:26

Hello Facebook-Team,

are you kidding me? This is the second E-Mail I got from you while you still didn't answer why you deactivated my account and didn't reactivate it. I'm furious, sad, just can't believe it....
I'd love to advertise for Christmas but that's not possible if my account is deactivated!

Here my original message I sent 2 days ago:

Dear Facebook-team,

I guess I’m on Facebook now for around 9 years and I never did sth ethically wrong.

I’m using Facebook e.g. to stay in contact with other musicians, friends and family from all over the world. Furthermore I’m using the fan pages for my music.

In the past it was allowed to upload own music cover videos but some day (maybe around March) one of my videos was deleted by Universal.  So I deleted all videos of Universal artists. Unfortunately this was not the whole truth: After uploading my cover video of “What about us” my account was blocked on Tuesday for 3 days -again-. I didn’t understand why and after a bit of research I found out, that the song belongs to Universal, even though P!nk has other labels. So I immediately decided to delete all music cover videos from my 2 fanpages “Sajul” and “Sarah Fischer” to be safe.

The next morning (yesterday) I woke up and was in shock -I’m still- when I saw, that my account was not blocked anymore but deactivated/ barred. Why?!? Like I said, I did nothing wrong but the problems with the music cover videos. And how could I know how exactly that works? I’m not a lawyer or sth else. I’m a Master engineering student who spends most freetime on music. Now I know that I will never upload a cover video on Facebook again- I promise. I also read all Facbook guidelines to now know everything I’m not allowed to do. But please give me my account back. I need to have access to my fansites, groups and friends, which is all only on Facebook. You made me dependent on Facebook, so you can’t just banish it from my life….

Don’t hesitate to contact me if you need any more information.

Kind regards

Sarah

 

I hope there will be a solution soon. I depend on Facebook and that's your fault, you brought it to my life. And I think there could be better ways to inform the users what is not allowed in Facebook. After reading all guidelines I could find, I still don't really understand what is not allowed in Facebook concerning musical material of other artists. E.g. are live videos allowed with cover songs?
Kind regards

ME: 18th November 2017 - 12:01

Hello Facebook Team,

after a more research I still don't know why you deactivated my account: I found this today (I couldn't find it before!): 
Inline-Bild 2
Then I searched my computer to find everything concerning problems with facebook in the past. Unfortunately I didn't save the screenshots when it happened the last time but I could find some emails:
I didn't even know what you deleted in March and so I tried to find out more. But I didn't get information. I can't remember if you deleted one or two videos in the past from my fansite "Sajul".
And if you search in the help section, that's what is shown first: Inline-Bild 5
Before I uploaded my last video "What about us" on my fansite "Sarah Fischer" I checked, if P!nk was at Universal -> she isn't
Inline-Bild 6
How could I know that I had to search for the song and not the artist?
Also it was strange, that my account was blocked for 3 days first and a day after the start of the blocking it was deactivated after my sister posted the following on Facebook:
Inline-Bild 7
Furthermore this says nothing about deactivation of the account Inline-Bild 9
Is this a translation mistake?
Since you say "gesperrt" for blocked to write/get messages and interact in Facebook I thought you ment the same "gesperrt" in this emailInline-Bild 1
You must use "sperren", "deaktivieren", "löschen" and "blockieren" right. And the best would be to define them in the help section.
It is not fair to deactivate accounts when you're not able to communicate better. If you told me before that my account would be deactivated if I had any video online that contains sth of Universal, I would have just deleted every video. But you didn't! And after "What about us" I realized it myself, that there is no fairness and deleted everything. And you deactivated my account one day later after I deleted every video.
How can you expect us little musicians who have no management, advocate etc. and do music only in our freetime to know everything how to do it right when you can't commuincate with us? Can't you just send one email to all musicians and explain what is allowed with music cover videos and music cover in live videos? That would be so much easier for everyone!
I know the world is not fair but I hope there's a bit fairness left in Facebook and I can have my account back. Like I said in the last email I'm now careful enough to not post any cover videos anymore and I never had a problem with ethics. I hate rassism, bullying etc.. I even would be willing to help you with your problems with small (German) musicians. I guess all the notes/ emails are just translated by sth like Google Translate? That makes mistakes. That's one reason why I couldn't understand what you ment in your emails. Either you only make notes in English or you translate them right! 
Another point: After I told my grandma about my problem she wanted to help me have my own fansite again. So I helped her creat an account for her and it was also blocked after my new fansite was released. 
I didn't read anywhere that it is not allowed to have a fansite again? We just sent her passport and hope that her account won't be blocked anymore.
After I tried to have a new account I read in the guidelines that it's not allowed. Sorry I tried. I didn't know that before.
This is the 4. email I send and I hope I will finally get an answer! You owe me this!
Regards 

ME: 20th November 2017 - 14:59

Hello Facbook Team (again),
maybe someone behind this email adress can finally answer? I already sent 4 emails and didn't get an answer :(
Additionally to the email below, I just remembered that I think you deleted a cover video of one of Adeles Songs because of Universal: Why? Since when is she at Universal? I only know, that she was at XL Recordings and moved to Columbia Records in 2016. I can't find anything about her getting under contract with Universal. -> That's why I didn't delete the cover video from Adele when the first video (I still don't know which video you deleted) was deleted. I really don't understand how Universal works... Which is why I decided after the last deleted video to delete all videos and to not upload again on Facebook.
Please give me my account back. I have a gig next week and need my fansite :(
I'm willing to do whatever you want to get my account back!
Kind regards 
Sarah Fischer