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.
Wow, this sucks. I didn’t know this happened. If you posted on FB I didn’t see it, as until I cleared out my friends list this past weekend I was never seeing the people I’m interested in as I trolled through strangers ‘news’ about their breakfast. You’re lucky they didn’t take it down for you. Probably because it was just a part of the song.
My Albert had a video of his taken down by the Rodgers & Hammerstein group. Why? We didn’t pay royalties! Warning, Will Robinson, copyright infringement! Though, it’s his own arrangement. Since when does one have to pay royalties for youtube videos? And, what about his 235 other videos? I read R&H were trolling youtube complaining about videos. Though, I did one quick search and found tons of the song that Albert had taken down, performed like him by solo pianists. And, I found plenty of versions taken from the original recording itself. Obviously, they didn’t do a very good job patrolling youtube. It was just stupid.
So, I wait over a year and guess what I did? I put it back up. I took the risk. The result? Not too many views, but it didn’t get very many in the first place. And, it’s still there! So, here, enjoy a video that was taken down for copyright infringement, my friend. http://www.youtube.com/watch?v=eyhXFHYNjlk&feature=plcp
But, you know, this is how the music biz has always work. Fuck the consumer.
P.S. Fuck the artist, too! Actually, just fuck everyone! And, then blame everyone when things go wrong!