Easy Come, Easy Go: EMI Pulls Video Of Drunk Guy Singing Bohemian Rhapsody, Reinstates It After Backlash

from the can't-do-this-to-me-baby dept

You may have heard the story in the last few days about the really drunk guy, Robert Wilkinson, who was arrested and put in a police car up in Canada, and responded by breaking into song with a complete rendition of Bohemian Rhapsody. If you haven’t seen it yet, you’re one of just a few people:


So what happened? You guessed it. EMI, in its ultimate ridiculousness, issued a takedown for violating its publishing copyright. The immediate outcry actually made EMI back down, with the company saying:

“It seems like a mistake has been made.”

That’s a fun way of indirectly saying “hey, we made a mistake.” Suggesting “a mistake has been made” leaves open the possibility that someone else made that mistake. But, in this day and age where the major labels are so quick to shut down anything that doesn’t involve them first getting a huge check, perhaps the “mistake” is with the way the law works.

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Companies: emi

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Comments on “Easy Come, Easy Go: EMI Pulls Video Of Drunk Guy Singing Bohemian Rhapsody, Reinstates It After Backlash”

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40 Comments
Mike C. (profile) says:

Re: Passive Tone

It’s no mystery. It’s God. Don’t you listen to Bill O’Reilly? If you can’t explain it, it must be God’s hand at work!!

Oh wait… Can I even mention his name? I mean, that might infringe on his publicity rights or something? And didn’t he come up with the idea about explaining the unexplainable? Oh crap, now I probably have to pay a license fee as well…

/some kind of mark goes here… or something

Anonymous Coward says:

“perhaps the “mistake” is with the way the law works.”

Exactly, the law shouldn’t leave it up to some random entity to determine if their own takedown request is valid, the law should require a neutral third party (ie: due process, via a judge) make that determination and it should severely punish those who make bogus takedown requests.

Leigh Beadon (profile) says:

Re: Re:

I am suspecting the video was taken down by name

Probably – and that’s a violation of the DMCA takedown requirements. You can’t make a sworn legal statement in “good faith” that a YouTube video is infringing without actually watching the video.

The takedown may turn out to be valid, but issuing it based on the title of a video is not.

Mike Masnick (profile) says:

Re: Re:

I am suspecting the video was taken down by name (it’s a pretty exceptional name) without serious review, and when the yelling started, they actually reviewed it.

The takedown is valid (not nice, but valid), but leaving it up is the right choice here.

You appear not to be familiar with the DMCA. If the takedown was, as you say, by name, then it is not “valid.” A valid takedown requires the party issuing the takedown to check out the content and swear — upon penalty of perjury — that the content itself is infringing.

I would suggest familiarizing yourself with the DMCA before making statements about how “valid” this is.

GMacGuffin says:

Since when does DMCA have a "Disrespectful" Element?

From the linked article:

?It seems like a mistake has been made,? said Dylan Jones, a spokesman with EMI in New York.

He said the company often requests videos be pulled from the site if they are ?disrespectful,? but it did not in this case.

Er, huh? What? Let’s hope that was just the writer’s error, ’cause otherwise …

Leigh Beadon (profile) says:

Re: Since when does DMCA have a "Disrespectful" Element?

Unfortunately it probably wasn’t an error at all. A lot of people seem to think copyright is a moral right – and they turn it into one by selectively exercising their copyrights based on their moral preferences. Add that to the list of problems caused by lopsided copyright law.

Andrew (profile) says:

Re: Re:

Absolutely. In fact I’m sure he isn’t the first person to sing in a police car like this. Arguably these performances take place in a “place open to the public” (car parks or the streets) and often, as here, at sufficient volume for those outside the car to enjoy the rendition too, so there’s a reasonable case to be made that all police vehicles should have to purchase appropriate public performance licences.

Dark Helmet (profile) says:

Hmmmm

“You may have heard the story in the last few days about the really drunk guy, Robert Wilkinson, who was arrested and put in a police car up in Canada, and responded by breaking into song with a complete rendition of Bohemian Rhapsody.”

I think it’s a little unfair to change the person’s name to Robert Wilkinson when we all know this was Marcus Carab after a night of too many appletinis and Twizzlers….

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