You may have heard that there's some sort of big royal wedding going on in the UK in the near future. There's been a fair bit of press coverage about it all, apparently. And, of course, there will be even more coverage of the event itself. Down in Australia, comedy/satire troupe The Chaser boys had been planning to cover the wedding in their typically satirical manner, but the royal family has officially stated that video from the event may not be used for satire. Specifically, the rules are that the footage, which is being offered to a ton of TV stations, cannot be used "in any drama, comedy, satirical or similar entertainment program or content." And I thought the Brits liked satire...
Yesterday, we had the story of the incredibly popular viral wedding video, talking about how the music in that video, despite being over a year old and being sung by someone with massive reputation problems (Chris Brown, who assaulted his then girlfriend), was suddenly back in both the iTunes and Amazon top 5 downloads, almost entirely because of the video. Soon after the post went up, we saw that Google had just put up its own post highlighting it as a case study of a copyright holder monetizing an opportunity. Basically, Google allowed Sony Music to:
claim and monetize the song, as well as to start running Click-to-Buy links over the video, giving viewers the opportunity to purchase the music track on Amazon and iTunes. As a result, the rights holders were able to capitalize on the massive wave of popularity generated by "JK Wedding Entrance Dance" -- in the last week, searches for "Chris Brown Forever" on YouTube have skyrocketed, making it one of the most popular queries on the site.
But... as some in our comments began to wonder, shouldn't the folks in the video (or, perhaps the person who shot it) get some of that monetizing as well? After all, if we base our thinking on traditional RIAA-style thinking, the whole reason why there are suddenly so many new sales and renewed interest in Brown and this song is entirely due to this wedding party and whoever shot the video. Now, they might not want or care about the money, but just the fact that Google is hyping up the monetizing of the video... doesn't something seem wrong that the actual copyright holder of the video in question isn't getting any of that money? At the very least, shouldn't there be some sort of "referral bonus" or some such?
By now, you've probably seen the video of the wedding party entrance for the wedding of Jill Peterson and Kevin Heinz (if not, go check it out). It's been seen by many millions of people, and the number just keeps on growing. The wedding party entrance is choreographed as the entire wedding party dances enthusiastically to Chris Brown's song Forever. The video, of course is almost certainly copyright infringement. Even if we assume that the church in St. Paul where this took place paid its public performance license, that would only cover the venue, not the eventual rebroadcast on YouTube. Now there are some who will insist that every streamed version of this song should require that a fee be paid. But, of course, if that were the case, this video almost certainly would not have been put on YouTube and would not have been seen by so many millions of people.
And what would have happened then?
Well, JohnForDummies notes that the success of this video is having a major impact for Chris Brown (who's reputation is, reasonably, in tatters for assaulting his then girlfriend, the singer Rihanna). Not that we advocate supporting someone who assaulted his girlfriend, but the video is having an impact. The song Forever has jumped into the iTunes top 10, despite having been released over a year ago. Also, the video itself has greatly outpaced an attempt by Brown to create a viral video "apologizing" for his actions.
It's not clear how the record label (in this case, a subsidiary of Sony Music) feels about this (see update below) -- though, I will note that embedding has been disabled on the video (Update: Embedding enabled again, so I'm adding the video below) and there is a link to buy the song on the YouTube page. At the very least, this suggests that Sony (which has a good relationship with YouTube, unlike some others...) worked out a deal to take advantage of the publicity around the video. Though, the disabling of embedding seems rather pointless. Embedding the video would likely guarantee far more views, and with it, more purchases.
Update: Thanks to a bunch of folks sending in the news that Google is now promoting this as a case study of a rights holder taking control over content.
Update: Embedding has been re-enabled, so here you go:
Also... there's already been an amazing spoof video of the couple's "divorce" proceedings:
I don't think Sony's "taken control" of this one yet...
Christopher Best: He was a disturbed individual, and a disgruntled software developer. There's explicit tax law that treats software developers very unfairly if they try to work as independent contractors... yaga: that's very true CB Alana: AJ Seriously just compared arguments against copyright infringment to rape. ... Yeah, nobody should take him seriously at this point. err, against copyright* silverscarcat: seriously? Jay: Glenn Beck asking for a 9/12 movement isn't the least bit suspicious? Along with all of the other issues with the IRS right now? Ninja: I am honestly amused that the community is marking the comments of that "horse" guy as funny silverscarcat: Who takes Glenn Beck seriously? Jeff: did the 'new' comment color bars go away? dennis deems: ya I hadn't noticed until you said that. I don't recall seeing them the last couple days. Mike Masnick: new color bars ran into some big technical problems. :) we took them down while we fix them. fix is currently going through testing and should be back (and better than before) soon. dennis deems: yay! the color bars rule! Jeff: whew! Thought I was going... wait for it... "Color Blind" thanks! I'll be here all day... :-) Jay: @ssc I'm talking more in 2011 at the peak of TP hysteria TheResidentSkeptic: @mike - mod for your business model - CwF+RtB+DoP..too many miss the "Deliver On Promises" silverscarcat: Piracy will destroy software! https://www.youtube.com/watch?v=dlniehU08ks Back in 1985