Slashdot Mirror
Prince DMCAs YouTube To Block Radiohead Song
Enigma2175 writes "CNN is reporting that videos from the Coachella music festival showing Prince covering Radiohead's 'Creep' have been removed by Prince's label, NPG records. Thom Yorke of Radiohead, when told of Prince's action, said 'Well, tell him to unblock it. It's our... song.' No comment from YouTube or Prince yet. Under the DMCA, YouTube is not required to verify the entity making a request is actually the copyright holder and this seems to be just another example of DMCA abuse." As the article points out, Prince seems to have a love-hate relationship with the Interwebs.
Radiohead's ownership of the song's copyright, Prince's ownership of the performance copyright, and the video recorder's ownership of the recording copyright. Prince asked for it to be pulled on his claim. Radiohead could sue him if he didn't properly license their song, though.
Under the DMCA, YouTube is not required to verify the entity making a request is actually the copyright holder
So let me get this straight, some person or group of persons could go and put a claim on every video on Youtube now and they'd have to take them all down...since they're not required to verify the entity making the request? That seems a bit silly doesn't it? What's stopping someone from mass emailing them with requests for a huge chunk of videos?
"Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
The performer of a song has a copyright protecting that performance, although obvs. not in the underlying song. Unlike a songwriter (who cannot block covers because of the compulsory license) a performer can block reproduction of the performance. So it seems as if Prince is acting within his rights to assert a copyright over the performance, at least under U.S. law. Whether that copyright trumps fair use, etc., I don't know. But it's not correct to say that Prince has no copyright because he didn't write the song. Like most Slashdotters, I hate the DMCA, and I think it's madness for Prince to try to block this stuff, since it's good advertising and he'll sell more albums if he doesn't, but there it is.
Radiohead owns the copyright of their original copy of the song (if they own the master media onto which it was recorded, and didn't release it from copyright control). That gives them "performance copyright", which lets them require permission from the first other person to "perform" their original recording (either a reenactment of producing the song using new instruments, or just playing back the original recording over speakers in the air to a large crowd or over other broadcast media like radio or TV soundtrack). But after they release the first public performance, anyone can perform the song, provided they pay the pre-set "mechanical" royalty rate (determined by the number of listeners in the venue's capacity, not necessarily those actually hearing the performance, though webcasting is per actual listener). The mechanical rate is low, like under $0.001 per listener, designed for repeated broadcast at rates recoverable by whatever commerce is operated using the performance.
But Prince does own his own performance of that song. He owns the copyright of his own performance, though not of the song he's performing. He's merely performing a song that copyright law lets him perform so long as he's in compliance with the royalty laws that pay Radiohead. Unless Prince was the first person other than Radiohead to perform it publicly, Radiohead doesn't have control over the public performance of the song, just the right to collect the royalties when it is played by whoever wants to.
Copyrights are fairly simple, if taken step by step. That doesn't stop them from being bullshit, especially when practiced by musicians, who always use copyrighted content from other artists without respect to the "original's" copyright.
When someone does something in public, I have the right to see it. I have the right to remember it. I have the right to record what I see and remember, even if the law these days is wrong and can stop me (like most copyright laws, and of course the Hollywood-written DMCA). And if I recorded it, I have the right to show it to anyone I want. This is a freedom of expression that copyright infringes. And since YouTube promotes Prince's commerce much more than it competes with it, no copyright is promoting "progress in science and the useful arts". In fact, this DMCA abuse is killing that progress, right when it could be exploding, but instead miserly copyright owners are pretending they represent "progress", when all they represent is profit.
--
make install -not war
Rumor has it Prince invited Youtube and Radiohead over for pancakes to discuss the matter.
Open Source Java DAO Generator
I can see both sides of the issue here.
One on hand, this is an ugly example of DMCA abuse and goes against the wish of even the copy right owner.
One the other hand it's one less Prince recording on the internet.
I'm inclined to side with Prince here since the public welfare outweighs the individual IP.
1) YouTube is American, based in America, subject to US copyright law. It doesn't matter a damn where Radiohead is from, because the jurisdiction that counts is the one where the law is being applied. The DMCA is a 'merkin invention, being used on a 'merkin site. Ergo, Radiohead's country-of-origin is irrelevant.
2) Performance right is recognised in UK copyright law. So Prince is entitled to copyright in his performance of the song, even though he does not hold the copyright in the lyrics or the musical score.
If Prince failed to get the appropriate licence to perform the song, as others have noted Radiohead have a course of action for breach of copyright in the lyrics and/or score. They have no grounds to get the video restored, because they don't hold the copyright in the performance and that's the right that the video infringes.
"God, root, what is difference?" - Pitr, userfriendly
> Under the DMCA, YouTube is not required to verify the entity making a request is actually
> the copyright holder and this seems to be just another example of DMCA abuse.
Under the DMCA the person who put the material up can file a counter-notice asserting that they have the legal right to distribute the item. YouTube can then put it back up with complete impunity and the only way Prince can get it taken back down is to file a copyright infringement suit (within 30 days) against the person who put it up and convince a Federal judge to issue a preliminary injunction. There are criminal penalties for filing a false DMCA takedown notice, and the target could also claim damages.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
> As the article points out, Prince seems to have a love-hate relationship with his fans.
Fixed
What stuns me was already that somebody at all understands it.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
"Prince owns the performance he gave"
No. You and everyone else saying things that amount to this are wrong. Copyright applies to things that may be copied, which performances are not. You cannot hold a copyright on a performance. You can hold a copyright on a recording. You can take legal and/or technological steps to ensure nobody records your performance that doesn't assign you the copyright to that recording. But the performance and the recording of it are different things, and the performance cannot be copyrighted because it cannot be copied.
The words to a song can also be copied, and can be copyrighted. There are two copyrights possibly at play here, and Prince owns neither of them.