The New York Times: As Rights Clash on YouTube, Some Music Vanishes:
"In early December, Juliet Weybret, a high school sophomore and aspiring rock star from Lodi, Calif., recorded a video of herself playing the piano and singing “Winter Wonderland,” and she posted it on YouTube.
Weeks later, she received an e-mail message from YouTube: her video was being removed “as a result of a third-party notification by the Warner Music Group,” which owns the copyright to the Christmas carol.
The law provides a four-point test for the fair use of copyrighted works, taking into account things like the purpose, the size of an excerpt and the effect the use might have on the commercial value of the actual work...
The body of law is ever-evolving, and each era and technology seems to force new interpretations. In the 1960s, for example, the Zapruder film, the home movie that captured the Kennedy assassination, was bought and copyrighted by Time magazine. But a judge denied that it could be a copyrighted work because of its value to the public interest.
Many of the offending videos of the user-generated variety like Ms. Weybret’s — as opposed to copies of music videos produced by Warner and its artists — would fall under fair use, according to Mr. von Lohmann, because they are noncommercial and include original material produced by the user.
Others, including Warner Music’s lawyers, might argue that the videos, while themselves created for noncommercial purposes, are nevertheless being shown on YouTube, which is a moneymaking enterprise."
http://www.nytimes.com/2009/03/23/business/media/23warner.html?_r=1&scp=2&sq=youtube&st=cse
Showing posts with label Juliet Weybret. Show all posts
Showing posts with label Juliet Weybret. Show all posts
Monday, March 23, 2009
Wednesday, February 11, 2009
YouTube Copyright System Gone Mad, EFF Prepares to Sue: Read Write Web, 2/3/09
Read Write Web: YouTube Copyright System Gone Mad, EFF Prepares to Sue:
"Using YouTube's new automated copright detection technology, Warner Brothers detected last month that 15 year old Juliet Weybret had posted a video of herself playing the piano and singing the 1934 song Winter Wonderland. This unrepentant little criminal might have thought that such a widely covered tune had entered the public domain, 75 years after it was recorded, but Juliet was clearly unfamiliar with legislation like the Sony Bono Copyright Extension Act, which extended copyright protection to 95 years or more after publication date.
The Electronic Frontier Foundation is not happy with the situation...
What does the EFF intend to do about it? The organization has put out a call to people who have had videos taken off of YouTube at the behest of Warner and whose videos were both noncommercial and substantially original. The EFF says it will help serve a counter notice and offer legal protection to as many people as it can. "We can't promise to take every case," they say, "but neither will we stand by and watch semi-automated takedowns trample fair use.""
http://www.readwriteweb.com/archives/youtube_copyright_system_eff_action.php
"Using YouTube's new automated copright detection technology, Warner Brothers detected last month that 15 year old Juliet Weybret had posted a video of herself playing the piano and singing the 1934 song Winter Wonderland. This unrepentant little criminal might have thought that such a widely covered tune had entered the public domain, 75 years after it was recorded, but Juliet was clearly unfamiliar with legislation like the Sony Bono Copyright Extension Act, which extended copyright protection to 95 years or more after publication date.
The Electronic Frontier Foundation is not happy with the situation...
What does the EFF intend to do about it? The organization has put out a call to people who have had videos taken off of YouTube at the behest of Warner and whose videos were both noncommercial and substantially original. The EFF says it will help serve a counter notice and offer legal protection to as many people as it can. "We can't promise to take every case," they say, "but neither will we stand by and watch semi-automated takedowns trample fair use.""
http://www.readwriteweb.com/archives/youtube_copyright_system_eff_action.php
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