Sony/BMG vs 10 Minutes to Emerald City
BMG_Rights_Management from sony bmg has levied a copyright claim against my video 10 Minutes to Emerald City because of the use of a portion of their song Aqualung, by Jethro Tull. The music in this video was captured on the public airwaves as broadcast by 103.7 The Mountain and is coincidental to the narrative just as the other ambient sounds of road noise and construction equipment. It is clearly protected under Fair Use provisions and virtually identical to the scenario described as legitimate fair use by YouTube‘s own guidance videos. Universal Studios has yet to respond, but they have not reinstated my dispute of their original claims as of this writing.
This video is clearly a comedy parody and makes no suggestion implied or otherwise that I am the composer or performer in this song. No reasonable person could legitimately suggest it can be construed as a replacement of the original. I will not be taking it down unless I’m served notice by BMG’s lawyers, in which case I’ll replace it with a version with a stitched up mouth (thank you Colleen O’Rourke) trying to suck a microphone while audio describes the terms of the legal battle as I look for a champion from the Electronic Freedom Foundation or similar user-rights advocate. Note the fact that YouTube and their witch-hunting bitch dog Google AdSense have barred me for compensation for life is only anecdotal and not germain to the dispute at hand, copyright law does not care if you’re a commercial interest.
Fair Use does not prevent you from getting sued, and BMG uses this fact to control and punish artists exercising their rights under the Fair Use provisions. The music industry is a failing monopoly held be a few key players and they’re lashing out at anybody within striking distance in a desperate attempt to retain their position. I’ll play this thing out note-for-note here and in the press for everybody to see, but for now I recommend you check out the video while it’s still up. Like everything else I post here, it should be presumed temporary, volatile, and moments away from going up in flames.