The NFL Issues Takedown For Chrysler Super Bowl Commercial
from the nicely-done dept
by Mike Masnick
Mon, Feb 6th 2012 1:21pm
Filed Under:
clint eastwood, commercials, super bowl, takedowns, videos
by Mike Masnick
Fri, Dec 16th 2011 8:58am
Filed Under:
contentid, dmca, takedown, videos, will.i.am
Companies:
google, megaupload, umg, universal music group, vevo, youtube
Our partners do not have broad take-down rights to remove anything they don’t like from our service. In limited cases, if they so choose, and based on exclusive agreements with their artists, partners can take down live performances.That confirms some of what I thought: that UMG does not have the right to take down any videos (as people keep implying), but that it may be able to take down some videos. The new bit of info is that it's just live performances. So, that would suggest UMG is even slimier. They tried to claim that those video clips of artists in the MegaUpload song were "live performances." That's clearly bogus.
the dissemination of photographs and videos in addition to the names and affiliations of those police officers therein were treated as privacy violations. The court cites Art. 2 of the law of January 6, 1978, which makes makes it illegal for private sector entities to process personal identifying information without first registering with a government commission (CNIL). Moreover, dissemination of that personal identifying information has to be done under conditions that respect the privacy of the persons in question. The court also treats certain statements made about the police on the website as defamatory.The "defamation" claim at the end may make some people think that this move is more justified, but a later comment clarifies the statements seen as "defamatory." None appeared to implicate any individual, but rather complain about the police in general and seem to be pretty obvious hyperbole -- i.e., things that wouldn't normally be seen as defamatory. The privacy claim is simply ridiculous. It seems to assume privacy rights where none exist.
by Mike Masnick
Tue, Jul 12th 2011 1:12am
Filed Under:
copyright, education, fair use, videos, youtube
Companies:
google
by Tim Cushing
Wed, Jun 8th 2011 2:42pm
Filed Under:
commercial use, copyright, creative commons, culture, videos
Companies:
youtube
Youtube (finally) introduced a Creative Commons licensing option for uploaders on June 2nd, allowing users to make their original works freely available to others to remix and build upon without worrying about infringement charges down the road. At this point it's only implemented a CC-BY option, but it expects to introduce others further down the road. The key to this license is that it allows others to use these licensed videos commercially, which has proven to be a sticking point for certain parties with a vested interest in keeping uploaded contributions licensed solely to the creator.
Two dissenting opinions appeared nearly immediately. The first argument against the CC-BY license appeared at the Viralfier blog, where Scott Burke has decided that CC licensing is the worst thing ever (or "evar"), running down 6 reasons why you shouldn't use this new option:
Take another example. MasterCard wants to use your sweet snowboarding video in a worldwide advertising campaign. Great! Except you already gave the rights away, when you tagged it with a Creative Commons license. You might get a brief attribution at the bottom of the ad — but wouldn’t you also want a licensing fee?
Well sure, Scott. Who wouldn't? But it's not as if the video was doing much on its own, all locked down and whatnot. And hindsight, while having perfect 20/20 vision, is hardly what one would call a "business model." There's also exposure and the fact that the original video still belongs to you.
His next point deals specifically with the "exposure" aspect, showing how that doesn't work either:
klaatu42‘s recent hit viral video, Ultimate Dog Tease (you know, “The maple kind?”), has received 35 million views to date, and his channel has 385,000 subscribers. The source video that it’s based off of, is by IcePrincessXXIV. klaatu42 gives her about as prominent a link as you can get in the video.
How many subscribers did that translate into for IcePrincessXXIV? 600. A full 0.15% of the action.
Those are admittedly terrible numbers, but is counting subscriptions really a viable measurement? I watch tons of videos (and see tons of overlaid ads) on Youtube and I think I'm subscribed to maybe two channels. (And that's just me. Add in my family and everything goes exponential.) Does this mean that someone's successful use of your video instantly translates to jacksquat on your end? I hardly think so.
Points 3 and 4 deal with two familiar "arguments," the first being that if you give something away for free, you obviously think your artwork is worth nothing. This fallacy is hardly worth arguing but can anyone out there think of anything valuable that's being given away for free as part of a hugely successful business model? (Try Googling it.) The other has to do with your limited legal recourse in cases where your video has been misused or infringed upon. Good point. Regular copyright holders never have these problems and their legal battles run very smoothly because of that fact!
The real reason for this post emerges in point 5, where Scott encourages readers to join Viralfier's closed beta. Because Viralfier is "a startup which is developing a 'game-changing toolkit for creating and marketing viral videos.'" Hmmm. Suddenly, this advice seems a tad off. (Point 6 seems to have something to do with making an 8-bit cat "cry." Double-hmmm.)
The second opinion is more of the same, but much briefer: Won't work. Too crowded. Not interested. I ingested several grains of salt (80% of my RDA for sodium) when greeted with "ReelSEO: The Online Video Marketing Guide" upon opening this link.
Of course, anti-CC sloganeering and misinformation-spreading is old news at this point. Another conflicted and interested party, ASCAP, spent part of last year trying to build a warchest to fight Creative Commons. The Portuguese Socialist Party attempted to outlaw CC licensing, thus making it illegal for artists to give their work away for free. Several others have also stepped up to the plate to take a swing at Creative Commons, claiming that it is "anti-artist" and that Creative Commons licensing "has put a large number of creatives out of business."
Why do they care? Or, more realistically, why do they pretend to care?
Two reasons:
1. In their minds, art is always zero-sum. If someone takes your artwork and builds on it successfully, then it must logically follow that no one but this "someone" will ever be able to make money from that particular piece of art. Apparently, artwork can be "used up."
2. The gatekeepers and artists tied to these systems can't compete with free. This isn't necessarily the kept artists' fault. They often have no say in the matter. But because the industries aren't interested in competing with free, then the free option needs to be removed.
It gets uglier when you, as an artist, go head-to-head with this mindset. The accustations will fly. "You obviously feel your artwork is worth nothing." "Don't you care what happens to something you created?" "There's no legal recourse with Creative Commons." "You must be an idiot/untalented hack if you don't do things the way they've always been done."
I wonder why they just can't let artists distribute their art the way they want to, rather than using hyperbolic statements to FUD-up the debate or humiliate underinformed artists into doing things their way. Is creative work inherently "worthless" if you can't immediately apply a price tag to it? Why does it all boil down to "price" and "control"?
But the most irritating aspect of this so-called "debate" is the hypocrisy. All this effort on "behalf" of artists is nothing more than a completely condescending effort to save "ignorant" artists from themselves. And for what? A chance to play ball with a bunch of gatekeepers who care more for their profit margins and quarterly sales than they do about 99% of the artists they "represent?" It's one thing to run your own industry into the ground. It's quite another when you disparage other options solely to benefit your own system.
That goes for you, too, Viralifier and ReelSEO.
by Mike Masnick
Tue, Jun 7th 2011 9:31am
Filed Under:
copyright, dmca, fracking, gasland, josh fox, videos
"TheUglyDance.com was actually not a result of some great promotional master plan. It just happened.It started off as an idea to get visitors to my band Fulkultur's (meaning Ugly Culture/Crap Culture) Myspace page. I have had this idea about a dance application for about a decade. In January last year I started programming it in my spare time, and a couple of months later I wrote the song Fuldans (Ugly Dance) specifically for the application. It was not the other way around, as most people think.On May 17 we released fuldans.se and sent the link to some friends. When I checked the stats a couple of days later a few thousand people had made their own dancers. I could feel something was about to happen. Just the day after someone shared a link on a Swedish blog, and it generated a tsunami of visitors. 30 000 people rushed in in just a few hours. The week after we hade a few hundred thousand hits, and it was a continous struggle to keep the server alive. Two weeks after the release, and 700 000 visitors later, I thought everything was under control. Then the Americans came.Someone had written English instructions for the website, and had published it on some major American website. Our current server could not handle that amount of visitors. We decided to close the server for international visitors, to find a better solution.During June/July we created an English clone of fuldans.se. It was going to be called theuglydance.com. Even the music was translated, and our aim was to raise money for the band to write and record more music. The clone was released by the end of August.Now, to answer your question:TheUglyDance.com have had 7 milllion completely unique visitors. A few very kind people have donated, but they are very few. If we should have done anything differently, we should probably have sold T-shirts or something. Something real for the massive amount of visitors to buy. But we are still very happy for what we have accomplished. We will try to keep the website alive for as long as possible, although it is not a cash cow at all."
by Mike Masnick
Fri, Dec 3rd 2010 6:03pm
Filed Under:
copyright, dmca, hyperbole, safe harbors, value, videos
Companies:
google, viacom, youtube
If affirmed by this Court, that construction of Section 512(c) would radically transform the functioning of the copyright system and severely impair, if not completely destroy, the value of many copyrighted creations. It would immunize from copyright infringement liability even avowedly piratical Internet businesses.To put it mildly, this is hogwash. First of all, it's exactly how the system has functioned since the DMCA came into being in 1998. If you see infringing content on a site, you issue a takedown and the site takes it down in order to keep its safe harbors. The idea that it would "completely destroy" the value of content makes no sense at all. First, you have to understand why it makes no sense that YouTube should be liable: it has absolutely no way of knowing, for certain, whether or not specific content is infringing. As it showed in the case, even Viacom itself had trouble figuring out what was infringing, and had sued YouTube over a bunch of videos that it had put on YouTube itself. How do you make YouTube responsible for determining such things when even the copyright holder can't figure it out? It makes no sense.
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