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<title>Techdirt. Stories filed under &quot;prince&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;prince&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Wed, 8 May 2013 10:39:31 PDT</pubDate>
<title>EFF Gives Prince A 'Lifetime Aggrievement Award' For DMCA Takedown Abuse</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130507/15363322981/eff-gives-prince-lifetime-aggrievement-award-dmca-takedown-abuse.shtml</link>
<guid>http://www.techdirt.com/articles/20130507/15363322981/eff-gives-prince-lifetime-aggrievement-award-dmca-takedown-abuse.shtml</guid>
<description><![CDATA[ The EFF has <a href="https://www.eff.org/deeplinks/2013/05/prince-inducted-takedown-hall-shame-new-lifetime-aggrievement-award" target="_blank">inducted singer Prince into its "Takedown Hall of Shame"</a> by giving the purple one the <a href="https://www.eff.org/takedowns/prince-raspberry-beret-lifetime-aggrievement-award" target="_blank">"Raspberry Beret Lifetime Aggrievement Award"</a> for his consistent and neverending abuse of the DMCA process to take down content he has no right to takedown.  In giving him the award, they list out three examples we've spoken about before:
<ol>
<li>Prince's recent <a href="https://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml">DMCA takedown</a> on six second clips on Vine of a Prince concert at SXSW.  These clips were clearly fair use -- showing tiny snippets where the music isn't even recognizable.
</li><li>Prince's DMCA takedowns sent over fan-recorded concert videos of <a href="http://www.techdirt.com/articles/20080530/1507241271.shtml">his performance</a> of Radiohead's song "Creep."  As EFF points out, Prince has no real copyright claim here.  The copyright of the song is Radiohead's -- and Radiohead demanded that the videos be put back online -- and the copyright on the video is whoever took the videos.  But that didn't stop Prince.
</li><li>Of course, no surprise here, Prince's connection to the infamous YouTube takedown of <a href="http://www.techdirt.com/blog/?tag=stephanie+lenz">Stephanie Lenz's 29-second video</a> of her toddler dancing to a Prince song in her kitchen.  The lawsuit over that one is still going on.  That one might actually be more about Universal Music than Prince, but given his other takedown actions, it would be surprising if he didn't support Universal on that one (even if he's had other disagreements with the label).
</li></ol>
Of course, if the EFF wanted, it could make the list even longer.  Prince sent a cease &#038; desist to an artist who put together a <a href="https://www.techdirt.com/articles/20121119/18143921097/littlest-thug-prince-sends-cease-desist-to-fan-who-created-le-petit-prince-miniature-doll.shtml">puppet-based tribute</a> to the artist.  He similarly <a href="http://www.techdirt.com/articles/20071107/092153.shtml">threatened</a> a bunch of fan websites, claiming that any photos of him or his album covers was infringement.  Oh, and then there was the time he <a href="http://www.techdirt.com/articles/20080626/0044421521.shtml">sued 50 musicians</a> for having the temerity to record a tribute album to Prince for his birthday.  Such a nice guy.<br /><br /><a href="http://www.techdirt.com/articles/20130507/15363322981/eff-gives-prince-lifetime-aggrievement-award-dmca-takedown-abuse.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130507/15363322981/eff-gives-prince-lifetime-aggrievement-award-dmca-takedown-abuse.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130507/15363322981/eff-gives-prince-lifetime-aggrievement-award-dmca-takedown-abuse.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>raspberry-beret-awards</slash:department>
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<pubDate>Thu, 4 Apr 2013 10:01:54 PDT</pubDate>
<title>Here's The Vine Video Prince Abused The DMCA To Take Down</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130403/13353622562/heres-vine-video-prince-abused-dmca-to-takedown.shtml</link>
<guid>http://www.techdirt.com/articles/20130403/13353622562/heres-vine-video-prince-abused-dmca-to-takedown.shtml</guid>
<description><![CDATA[ We just posted about Prince's NPG Records issuing <a href="http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml">DMCA takedowns</a> on a set of Vine videos.  While noting that Prince regularly seeks to shut down internet support of his work far beyond what the law allows, we also pointed out that, given the 6 second limit on Vine videos, it seemed almost certain that the videos in question would be protected as fair use and/or de minimis use.  After posting that story, we heard from Zack Teibloom who, it turns out, is the person who <a href="https://twitter.com/ZackTeibloom/status/319470883678851074" target="_blank">shot and posted the Vine videos</a> in the first place.  They were taken at <a href="http://www.festivalcrashers.com/2013/03/18/prince-at-sxsw-review-dont-stop-til-you-get-enough/#more-8775" target="_blank">Prince's SXSW concert</a>.   He noted that he treated the takedowns as "cease and desist" letters and chose to take them all down.  Before he did so, we were able to snag one of the videos, which we've now <a href="http://www.youtube.com/watch?v=Sucn2kRoqn0&#038;feature=youtu.be" target="_blank">posted to YouTube</a> solely for the discussion over whether or not the original takedown was an abuse of the DMCA.  
<center>
<iframe width="420" height="315" src="http://www.youtube.com/embed/Sucn2kRoqn0" frameborder="0" allowfullscreen></iframe>
</center>
We believe, strongly, that NPG's takedown notice is faulty, and it's quite possible that it violated <a href="http://www.law.cornell.edu/uscode/text/17/512">512(f)</a> of the DMCA in that it appears NPG knowingly misrepresented that the works were infringing.  In the DMCA notice, NPG claims:
<blockquote><i>
These are unauthorized recordings and are unauthorized synchronizations
As such, I have a good faith belief that use of the copyrighted work
described above is not authorized by the copyright owner (or by a third
party who is legally entitled to do so on behalf of the copyright owner)
and is not otherwise permitted by law. I hereby confirm that I believe the
tracks identified in this email infringe my copyright.
</i></blockquote>
However, it is incorrect that the use was not permitted by law.  Under both fair use and de minimis use, such a use is clearly permitted by law.    Furthermore, as a court found in the <a href="https://www.eff.org/cases/lenz-v-universal" target="_blank">Lenz v. Universal Music Group</a> case, the filer of a DMCA takedown needs to take fair use into account before issuing the takedown.  Separately, as a bootleg video, this might not even be subject to the DMCA at all.
<br /><br />
As per Vine's own limitation, the clip is a mere six seconds long, showing five disjointed clips of a song.  If we were to do a four factors test for Teibloom's original use, it seems clear that it is fair use.
<br /><br />
<b>The purpose and character of the use</b>:
<br /><br />
The showing of brief six second, disjointed clips was clearly just to highlight that Teibloom had attended the SXSW show, and was linked from his review just to highlight the sense of what the show was like.  It's clearly not a full use of the song or anything attempting to be a replacement for the song or the concert itself.  It was a brief "view" of one attendee's perspective, which is clearly transformative from the original work.  As such, it clearly "added value" to the original, since it was showing something different and unique from the original, while providing some perspective on the experience of attending such a show.
<br /><br />
<b>The nature of the copyrighted work</b>
<br /><br />
This was a recording of a brief bit of a live event, not of the sound recording or anything like that.  Again, the point was to capture the live atmosphere and experience.  This prong of the fair use test is supposed to be to protect the dissemination of information, and that seems clear from the use.
<br /><br />
Also, even the brief bit of music that you hear is a pretty generic soul / funk music riff, rather than something highly unique and identifiable with Prince himself.  I'm not even sure that the song being played is a Prince song.  It sounds so generic and short it's difficult to identify.  As a test, I tried to use <a href="http://www.shazam.com/" target="_blank">Shazam</a> on it, and despite claiming to be able to identify a song with as little as one second of music, it said it could not find a match.  If you'd asked me I would have thought it was a just a generic James Brown-style riff rather than anything specific to Prince.  Given that, while the performance is potentially covered by a copyright, it's not clear that the <i>song</i> is covered by Prince's copyright.
<br /><br />
Hell, just the fact that it's unclear what the song is highlights why this is almost certainly fair use or de mininmis use.  One of the characteristics of de mininimis use is if you can distinguish the work.  When even the expert automated ears at Shazam can't do that...
<br /><br />
<b>The Amount and Substantiality of the Portion Taken</b>
<br /><br />
Six disjointed seconds.  'Nuff said.
<br /><br />
<b>The Effect of the Use Upon the Potential Market</b>
<br /><br />
There is clearly no negative use whatsoever.  It is not as if someone will not buy or license a Prince song because this clip was "good enough" as a substitute.  There is no rational way to support such a claim.
<br /><br />
That said, it is possible that <i>Prince's takedown actions might cause people to no longer want to support his works, but that's his own actions, not this particular video.
<br /><br />
That's for Teibloom.  As for </i><i>us</i> reposting the video and discussing it here, our use is even more transformative, as it is now about the discussion on whether or not the video itself is fair use.  Without showing the video it is difficult to have a reasonable or competent discussion on whether or not it was fair use.
<br /><br />
Either way, we believe that Prince and NPG Records are abusing the DMCA, potentially in violation of 512(f), and using the DMCA to take down perfectly legitimate videos that are allowed under US copyright law.<br /><br /><a href="http://www.techdirt.com/articles/20130403/13353622562/heres-vine-video-prince-abused-dmca-to-takedown.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130403/13353622562/heres-vine-video-prince-abused-dmca-to-takedown.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130403/13353622562/heres-vine-video-prince-abused-dmca-to-takedown.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hello-fair-use</slash:department>
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<pubDate>Wed, 3 Apr 2013 07:53:21 PDT</pubDate>
<title>Prince Sends A Takedown Over Six Second Vine Clips</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml</link>
<guid>http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml</guid>
<description><![CDATA[ Ah, Prince.  The purple-loving musician has built up an irrational <a href="http://www.techdirt.com/blog/?tag=prince">hatred</a> for all things internet over the years, mostly focused on his belief that he should have 100% control over everything he has ever done.  He's gone after companies and fans for posting pretty much anything.  His music is also at the heart of the (still ongoing) <a href="http://www.techdirt.com/articles/20121016/01151320714/dancing-baby-video-fight-heads-back-to-court-will-bogus-takedown-finally-get-punished.shtml">Stephanie Lenz</a> case, in which Universal Music Group issued a copyright takedown on a <i>29-second</i> video with some Prince music in the background.  In that case, the court said that UMG needed to take fair use into account before sending the takedown.
<br /><br />
Given that, it seems rather surprising to find out that Prince is targeting even shorter clips -- including <a href="http://thenextweb.com/twitter/2013/04/02/twitter-gets-its-first-vine-related-copyright-complaint-from-princes-record-label/" target="_blank">six second clips on Vine</a>, the Twitter offshoot/acquisition, that allows people to post short video clips no longer than 6 seconds.  Vine has built up a decent following pretty quickly, and it's difficult to see how <i>anyone</i> could argue that music appearing in such a Vine video wouldn't be either fair use or de minimis use (or both).  But don't tell Prince that.
<br /><br />
The <a href="http://chillingeffects.org/dmca512c/notice.cgi?NoticeID=882061" target="_blank">DMCA takedown</a> comes from NPG Records, which is Prince's personal record label, and names eight Vine clips, which apparently have all been removed.  The notice was just sent on March 26, meaning we're still within the time frame in which someone could have filed a counternotice.  One hopes that counternotices are being filed, and (perhaps) that someone is willing to challenge Prince on claiming that such videos are not fair use.  Would he honestly claim that such a video harms the market for his music?<br /><br /><a href="http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>fair-use?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130402/18194922552</wfw:commentRss>
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<pubDate>Wed, 21 Nov 2012 05:45:52 PST</pubDate>
<title>The Littlest Thug: Prince Sends Cease And Desist To Fan Who Created 'Le Petit Prince' Miniature Doll</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121119/18143921097/littlest-thug-prince-sends-cease-desist-to-fan-who-created-le-petit-prince-miniature-doll.shtml</link>
<guid>http://www.techdirt.com/articles/20121119/18143921097/littlest-thug-prince-sends-cease-desist-to-fan-who-created-le-petit-prince-miniature-doll.shtml</guid>
<description><![CDATA[ For an artist who has worked tirelessly to maintain his artistic integrity (even going so far as to change his name/wear a mask), Prince has done more than most to ensure that <i>his</i> vision remains intact all the way up to the fans' ears. Unfortunately, he seems to view this "connection" with his fans as one-way.<br />
<br />
Between starting one of the first <a href="http://www.techdirt.com/articles/20091119/1634117011/future-music-business-models-those-who-are-already-there.shtml">CwF</a> websites and swiftly abandoning it <a href="http://www.techdirt.com/articles/20100402/1230318851.shtml" target="_blank">after collecting $79/head</a>, suing YouTube, eBay and the Pirate Bay for "<a href="http://www.techdirt.com/articles/20070913/162815.shtml" target="_blank">making his work available</a>," declaring the internet <a href="http://www.techdirt.com/articles/20100706/01361810078.shtml" target="_blank">to be "over"</a> (and thus, unworthy of hosting his music) and claiming that cover versions physically <a href="http://www.techdirt.com/articles/20110420/13280113977/prince-claims-when-someone-covers-your-song-original-no-longer-exists.shtml" target="_blank">destroy the original tunes</a> (???), Prince has done everything he can to <i>prevent</i> fans from connecting with <i>him</i>.<br />
<br />
To that end, Prince has yet again flexed his tiny, presumably purple, muscles to order a fan to cease and desist doing fan-type stuff. Troy Gua, a "serious Prince obsessive" and conceptual artist, <a href="http://blogs.citypages.com/gimmenoise/2012/11/prince_artist_troy_gua_cease_desist_le_petit_prince.php" target="_blank">just received a cease and desist letter from "Prince's people", ordering him to knock off his puppet-based adoration of the Artist</a>.
<blockquote>
<i>Somewhere deep down, we're sure Troy Gua expected he'd someday have to face saying goodbye to the much-lauded miniature doll that was at the center of his art series, Le Petit Prince. This was no small project -- Gua literally recreated many famous Prince moments with the little guy and even included detailed props like the Purple Rain motorcycle. Ironically, we were recently emailing with Gua to do a piece about the new calendar he was putting out featuring some of these photographs, but this week Gua sadly informed us the dream is over. He received a cease and desist letter from the real Prince's people on Monday.</i></blockquote>
Not only did Troy Gua receive an angry email, but also a very official hard copy via FedEx. The order states that Gua is not allowed to "exhibit the photo work or the sculptural doll," which covers pretty much the entire Le Petite Prince project. Gua has decided not to fight back and has <a href="http://troygua.com/work/lite-in-precept/" target="_blank">left instructions on his website</a> asking fans to only leave positive comments.<br />
<br />
Gua's taking the high road, but Prince seems unwilling to allow any sort of expression based on him or his works to see the light of day <i>anywhere</i>. CityPages points out that <a href="http://soundcloud.com/lenkaparis" target="_blank">another artist was hit with a C&#038;D</a> for posting Prince remixes <i>for streaming only</i> at her SoundCloud page. Presumably, the upcoming calendar would be considered commercial use of Prince's image (I suppose) and that may have urged on the Purple Hammer, but DJ Lenka Paris' mixes weren't being sold or made available for download, so it's not entirely a crackdown on commercial use.<br />
<br />
It may be that Prince wants all things "Prince" to originate from Prince <i>only</i>. If so, Prince should learn to let go. <i>No one</i> has that much control and attempting to maintain "artistic integrity" by stomping out anything not officially blessed by the man himself is an awful way to treat fans. Here's <i>exactly</i> how to do CwF WRONG:
<blockquote>
<i>If it wasn't clear before, his Purpleness has some very stringent ideas around what his fans can and cannot do in their appreciation of him. In a nutshell: Yes, please do pay $250 for that concert ticket, but 'Hova help you if you seek to publicly admire him through music or art.</i></blockquote>
Prince has a large fan base and it appears that his fans won't fight a legal battle with a.) someone with much more money or b.) someone they respect greatly, even if that respect is <i>completely</i> one way. One of those is logical and the other is understandable, but either way, it's tough for non-Prince-acolytes to respect an artist whose response to fan efforts that stray into "his" territory is unvarying legal thuggery.<br /><br /><a href="http://www.techdirt.com/articles/20121119/18143921097/littlest-thug-prince-sends-cease-desist-to-fan-who-created-le-petit-prince-miniature-doll.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121119/18143921097/littlest-thug-prince-sends-cease-desist-to-fan-who-created-le-petit-prince-miniature-doll.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121119/18143921097/littlest-thug-prince-sends-cease-desist-to-fan-who-created-le-petit-prince-miniature-doll.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dawwwww...-he's-so-CUTE-when-he's-angry!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121119/18143921097</wfw:commentRss>
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<pubDate>Tue, 16 Oct 2012 10:56:00 PDT</pubDate>
<title>Dancing Baby Video Fight Heads Back To Court: Will A Bogus Takedown Finally Get Punished?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121016/01151320714/dancing-baby-video-fight-heads-back-to-court-will-bogus-takedown-finally-get-punished.shtml</link>
<guid>http://www.techdirt.com/articles/20121016/01151320714/dancing-baby-video-fight-heads-back-to-court-will-bogus-takedown-finally-get-punished.shtml</guid>
<description><![CDATA[ Yesterday, our most popular post involved a story of a questionable DMCA takedown notice leading to the <a href="http://www.techdirt.com/articles/20121013/18332220701/textbook-publisher-pearson-takes-down-15-million-teacher-student-blogs-with-single-dmca-notice.shtml">shutdown</a> of 1.5 million sites.  This was not a first.  We've written numerous times about bogus DMCA notices and the damage they can cause by censoring works without an adversarial hearing first.  And one thing that always comes up is the question of whether or not there's punishment for bogus DMCA takedowns.  In general, the answer has been no.  There may be a few very specific circumstances under which whoever signed off on a bogus DMCA notice could be charged with perjury, but the specifics there are quite limited.
<br /><br />
Now, one of the more famous cases concerning bogus DMCA takedowns -- which started all the way back in 2007 -- is heading back to court today, to see if Universal Music can be punished for issuing a bogus takedown on a woman, Stephanie Lenz, for posting a 30-second video of her toddler son dancing to Prince's "Let's Go Crazy."  If you haven't seen <a href="http://www.youtube.com/watch?v=N1KfJHFWlhQ&#038;feature=player_embedded">the video</a>, the song is barely audible, and the whole thing is a 29-second clip.  There is a strong fair use argument.
<center>
<iframe width="420" height="315" src="http://www.youtube.com/embed/N1KfJHFWlhQ" frameborder="0" allowfullscreen></iframe>
</center>
The case has been taking the slow route through the court system, with Lenz (and the EFF) suing Universal Music for taking down the video without considering the possibility of fair use.  Universal claimed that fair use is merely a defense, and thus there is no obligation to consider fair use first.  The court, thankfully, disagreed, and said that damages were available, but quite limited. 
<br /><br />
And now... the arguments are kicking off <a href="https://www.eff.org/press/releases/dancing-baby-video-battle-back-court-tuesday" target="_blank">over whether or not Universal Music should get in trouble</a> for its actions.  UMG, for its part, argues that it shouldn't have to run everything through a fair use filter first, and that even if it was required to do so, it probably couldn't.  EFF points out the ridiculousness of saying there are no consequences to bogus tweets.
<blockquote><i>
"Parents are allowed to document and share moments of their children's lives on a forum like YouTube, and they shouldn't have to worry if those moments happen to include some background music," said [EFF IP Director Corynne] McSherry. "Content companies need to be held accountable when their heavy-handed tactics squash fair use rights. We hope the judge gives Ms. Lenz the closure she deserves, and shows content owners they can't trample over users' rights."
</i></blockquote>
My guess is that the court won't punish UMG, arguing that it did all it needed to do.  But it would be nice to actually put some teeth into rules that prevent abusing the DMCA to silence others' speech illegally.<br /><br /><a href="http://www.techdirt.com/articles/20121016/01151320714/dancing-baby-video-fight-heads-back-to-court-will-bogus-takedown-finally-get-punished.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121016/01151320714/dancing-baby-video-fight-heads-back-to-court-will-bogus-takedown-finally-get-punished.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121016/01151320714/dancing-baby-video-fight-heads-back-to-court-will-bogus-takedown-finally-get-punished.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-would-be-quite-a-thing</slash:department>
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<pubDate>Mon, 27 Jun 2011 07:47:33 PDT</pubDate>
<title>Prince: Digital Music Has A Different Impact On Your Brain</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110624/12140014847/prince-digital-music-has-different-impact-your-brain.shtml</link>
<guid>http://www.techdirt.com/articles/20110624/12140014847/prince-digital-music-has-different-impact-your-brain.shtml</guid>
<description><![CDATA[ Prince is apparently continuing his war with the modern world.  The rockstar who once seemed to be on the cusp of <a href="http://www.techdirt.com/articles/20070722/223557.shtml">leading the music world</a> into the digital era, seems to have gone so far to the other extreme that he's become a joke.  He went on the <a href="http://www.techdirt.com/articles/20070913/162815.shtml">legal warpath</a> against some internet sites, completely <a href="http://www.techdirt.com/articles/20100402/1230318851.shtml">ignored</a> his own website, which he charged people to access, and declared that <a href="http://www.techdirt.com/articles/20100706/01361810078.shtml">the internet was over</a> and he'd no longer allow his music online.  Oh, and then there was his claim that if someone covers your song, <a href="http://www.techdirt.com/articles/20110420/13280113977/prince-claims-when-someone-covers-your-song-original-no-longer-exists.shtml">the original no longer exists</a>, despite the fact he's done a bunch of covers.
<br /><br />
He's now done another interview, and despite his "people" telling the interviewer that he wasn't allowed to ask about Prince's views on the internet, <a href="http://www.guardian.co.uk/music/2011/jun/23/prince-interview-adele-internet?CMP=twt_gu" target="_blank">Prince dove in anyway</a> and explained why digital music impacts your brain in a different way:
<blockquote><i>
His management's pre-interview list of guidelines insisted, "Please do not discuss his views on the internet," but perhaps Prince hasn't read them. "I personally can't stand digital music," he says. "You're getting sound in bits. It affects a different place in your brain. When you play it back, you can't feel anything. We're analogue people, not digital." He's warming to his theme. "Ringtones!" he exclaims. "Have you ever been in a room where there's 17 ringtones going off at once?"
<br /><br />
Does he have a ringtone?
<br /><br />
"No," he says, looking as offended as if I'd asked him if he drove a clown car. "I don't have a phone."
</i></blockquote>
He also appears to have picked up some misguided notions from some in the recording industry that it's really all the tech world's fault that people aren't buying music any more.  Also, he claims that the White House has asked him to come talk about "piracy."  Though it's not uncommon for the White House to hear from foreign dignitaries, this may mark the first time they have invited a representative from another planet.
<blockquote><i>
"We made money [online] before piracy was real crazy. Nobody's making money now except phone companies, Apple and Google. I'm supposed to go to the White House to talk about copyright protection. It's like the gold rush out there. Or a carjacking. There's no boundaries. I've been in meetings and they'll tell you, Prince, you don't understand, it's dog-eat-dog out there. So I'll just hold off on recording."
</i></blockquote>
That's barely comprehensible in general (what does the second to last sentence have to do with anything?), and even if you accept the basic statements about "piracy," the rest doesn't make much sense.  Prince has <i>already</i> figured out how to deal with that, doing his deals with newspapers to pre-sell his CDs, and recognizing that the real money is in live shows (for which the music acts as an excellent promotional tool).  So why is he complaining?<br /><br /><a href="http://www.techdirt.com/articles/20110624/12140014847/prince-digital-music-has-different-impact-your-brain.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110624/12140014847/prince-digital-music-has-different-impact-your-brain.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110624/12140014847/prince-digital-music-has-different-impact-your-brain.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>prince's-brain,-perhaps</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110624/12140014847</wfw:commentRss>
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<pubDate>Thu, 21 Apr 2011 09:46:07 PDT</pubDate>
<title>Prince Claims When Someone Covers Your Song, The Original No Longer Exists</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110420/13280113977/prince-claims-when-someone-covers-your-song-original-no-longer-exists.shtml</link>
<guid>http://www.techdirt.com/articles/20110420/13280113977/prince-claims-when-someone-covers-your-song-original-no-longer-exists.shtml</guid>
<description><![CDATA[ Ah, Prince.  The artist, who is notoriously <i>controlling</i> concerning his own music, has apparently decided that the latest evil in the world is <a href="http://www.hypebot.com/hypebot/2011/04/prince-wants-to-stop-all-cover-versions-of-songs-not-just-his-songs-everyones.html" target="_blank">cover songs and the compulsory licenses that make them possible</a>.  As you may or may not know, it's legal to do cover songs, because of compulsory licensing laws that say as long as you pay a set fee, you can cover any song (why such laws don't apply to samples is weird, and leads to the bizarre situation in which it's legal to cover an entire song, but do just a second of the song and you may be in legal trouble).  Either way, Prince is <i>not a fan</i>.  In an appearance on the George Lopez show (embedded below), Prince comes out against the entire idea of cover songs because, apparently, it destroys the original:
<blockquote><i>
Prince: I don't mind fans singing the songs... My problem is when the industry "covers" the music.  See covering the music means that <b>your version doesn't exist anymore</b>.  A lot of times, people think that I'm doing Sinead O'Connor's song and Chaka Khan's song when in fact I wrote those songs.  And it's okay when my friends ask to do them, but there's this thing called the compulsory license law, which allows artists, through the record companies, to take your music, at will, without your permission.  And that doesn't exist in any other artform, be it books, movies -- there's only one version of "Law and Order' (crowd laughs).  There are several versions of "Kiss" and "Purple Rain."
<br /><br />
George Lopez: There should be only one version of music.
<br /><br />
Prince (sarcastically): You would think...  (crowd laughs)
</i></blockquote>  
Hmm.  Well.  So, apparently Prince's version of "Purple Rain" no longer exists.  I had no idea.  As for Prince's final point, why would you think that?  Why is there a problem of anyone doing a cover?  Rather than the original no longer existing, it actually exists <i>more</i>, in that more people are aware of and interested in the original.
<br /><br />
Of course, all this made me curious.  Surely, Prince has covered others songs before.  And, in fact, he has.  <a href="http://prince.org/msg/7/181063" target="_blank">Many, many, many times</a>.  Some folks on the Prince fan boards have made a nice list of all the many songs that Prince has apparently "destroyed" of other artists by covering them either for albums or live shows.  Of course, perhaps he did this out of spite for those other artists.  In fact, Prince has been accused of <a href="http://www.mtv.com/news/articles/1551990/foo-fighters-perplexed-by-prince.jhtml" target="_blank">covering the Foo Fighters during his Superbowl performance</a> to "get revenge" on the Foo Fighters for covering one of his songs.  Some revenge.  "Destroying" their original song like that in front of the largest TV audience around.  Must suck.<br /><br /><a href="http://www.techdirt.com/articles/20110420/13280113977/prince-claims-when-someone-covers-your-song-original-no-longer-exists.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110420/13280113977/prince-claims-when-someone-covers-your-song-original-no-longer-exists.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110420/13280113977/prince-claims-when-someone-covers-your-song-original-no-longer-exists.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>prince-world</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110420/13280113977</wfw:commentRss>
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<pubDate>Tue, 13 Jul 2010 21:18:06 PDT</pubDate>
<title>UK Newspapers Point Out That Prince's Anti-Internet Crusade Makes No Sense</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100712/16365810183.shtml</link>
<guid>http://www.techdirt.com/articles/20100712/16365810183.shtml</guid>
<description><![CDATA[ We've already discussed Prince's <a href="http://www.techdirt.com/articles/20100706/01361810078.shtml">bizarre anti-internet stance</a>, and it seems that it's left an awful lot of people scratching their heads.  As his latest album was released only via the UK newspaper, <i>The Mirror</i>, this past Saturday, the UK press is pointing out how this plan will backfire.  Now, some will immediately dismiss these articles as complaints from competing newspapers who <i>were not</i> the go to offering for the latest Prince album.  But their arguments do make sense.  The <i>Telegraph</i> points out that, this anti-internet crusade seems like <a href="http://www.telegraph.co.uk/technology/internet/7885429/Prince-really-doesnt-understand-the-internet.html?utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">a huge commercial blunder</a>, as most people will end up getting the album in ways that don't benefit Prince directly, even though he easily could have set things up to gain some of the benefit.  The <i>Guardian</i> is running a similar article, pointing out that it seems odd that Prince -- who comes off as very much "anti-" the traditional music business seems to be going even deeper into traditional views of the recording industry: <a href="http://www.guardian.co.uk/music/musicblog/2010/jul/12/prince-itunes" target="_blank">such as signing with Universal music and then shunning his fans online</a>.  Even if you don't believe that there are reasonable internet-based business models online, it's hard to see how pretending the internet doesn't exist at all is going to help you.<br /><br /><a href="http://www.techdirt.com/articles/20100712/16365810183.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100712/16365810183.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100712/16365810183.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>logic-is-not-allowed-in-prince-world</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100712/16365810183</wfw:commentRss>
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<pubDate>Wed, 7 Jul 2010 08:23:33 PDT</pubDate>
<title>The Lack Of A 'Golden Ticket' Business Model Doesn't Mean You Give Up And Go Home</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100707/01261310096.shtml</link>
<guid>http://www.techdirt.com/articles/20100707/01261310096.shtml</guid>
<description><![CDATA[ This one is a bit surprising.  Following the recent <a href="http://techdirt.com/articles/20100706/01361810078.shtml">nutty statements from Prince</a>, Kara Swisher has decided to take the contrarian position to explain <a href="http://kara.allthingsd.com/20100707/making-fun-of-prince-is-easy-figuring-out-how-talent-thrives-in-a-digital-age-not-so-much/" target="_blank">why Prince might not be so crazy after all</a>.  Her reasoning is that she's spent several days down in LA talking to entertainment industry execs (her first mistake), and they seem to agree with Prince that the internet is a darned problem.  Of course, to some extent, that's like asking the leading buggy whip makers their feelings on automobiles.  Just because they haven't figured out a way to thrive doesn't mean that the automobile revolution is "over."
<blockquote><i>
After spending several days here in Los Angeles this week, talking to execs, talent and others who toil in the entertainment industry--I can't say what I am hearing is that much different in terms of the continuing frustration with the lack of decent business models to replace the ones that have worked for so long and been so lucrative for the entertainment and media industry.
</i></blockquote>
This is how disruptive business models work.  The disrupted whine and complain about how the disruptors haven't shown them how to continue making the same monopoly rents they made in the past.  But that, of course, ignores the nature of disruption.  Disruption doesn't work by having someone come along and show the legacy players how to exactly replicate their old profits.  It's the exact opposite of that.  Disruption is when others figure out how to break down the barriers to do something more efficiently, and undercut the old business model.  But that doesn't mean that there's anything wrong for the <i>underlying benefit</i> that people get.
<br /><br />
More entertainment content -- movies, music, books -- are being made today than ever before.  Anyone bitching and complaining about how the internet is "destroying" the industry isn't paying attention.  What they should be focused on are all of the massive new opportunities created by this sudden <i>glut</i> of content, combined with massively more efficient (and often free) methods for content creation, distribution and promotion.
<blockquote><i>
From music to movies to television, the biggest minds here still sound perplexed as to what will finally be the golden ticket to carry them through to the inevitable next era of digital distribution.
</i></blockquote>
That single sentence basically describes the problem.  These guys are sitting back and waiting for someone to hand them a golden ticket that replicates the old ways of doing things.  That's not how it works.  No one gave the buggy whip makers a golden ticket that let them keep their old lines of business going.
<br /><br />
But the lack of a golden ticket most certainly does not mean there are no business models.  Those who are <a href="http://techdirt.com/articles/20091119/1634117011.shtml">embracing new business models</a> are finding plenty of opportunity to do amazingly well (in fact, better than they did before).  But, for the most part, it involves hard work and multiple streams of revenue.  It's not the old "sit back and let the cash roll in" model that the industry is used to.  But, some of us think that's a good thing.
<blockquote><i>
"Why is the consumer always right?" said one exec to me this week in a typical statement. "You can't have a business if there is no business model."
</i></blockquote>
It's a good thing the exec who said that did so anonymously, because otherwise his or her board of directors should be calling for him to be fired.  The consumer is always right in a competitive marketplace because if you don't serve them, your competitors will.  That there are still entertainment industry execs who don't get this is scary.  And, saying there are "no business models" is so wrong that it again seems troubling that this exec still has a job in the industry.  We spend a lot of time pointing to all sorts of working business models every day.  They may not be the "golden ticket" that this exec wants where he gets to sit back and relax and see the cash flow in, but they can actually bring in a lot more money by leveraging a more efficient system, connecting better with fans, and giving them a real (scarce) reason to buy, rather than trying to bully them into paying through artificial scarcities.
<br /><br />
From there, Swisher reverts back to Prince's statements:
<blockquote><i>
If you remove the sillier parts of his quote that preceded it, such a statement is not unreasonable from an artist who wants to be paid for his creative efforts.
<br /><br />
Thus, instead of mocking that sentiment, perhaps it is time for tech leaders to figure out a way to keep talent from being dragged into the future without so much kicking and screaming.
</i></blockquote>
The role of the disruptor is not to make life easy for the disrupted.  Swisher and these execs seem to be confusing the role of certain folks in the legacy industry with the overall entertainment industry itself.  As noted, the entertainment industry is thriving.  More movies, music and books are being created.  More money is being spent.  It's just that it's going to different players.  There's no reason to "figure out a way to keep talent from being dragged into the future."  The opportunities and wide open path are there.  The problem isn't that tech leaders haven't made it easy for them.  They have.  It's that these guys are so myopically focused on the way they used to make money they don't realize that the new opportunities are already there and have been embraced widely by others.<br /><br /><a href="http://www.techdirt.com/articles/20100707/01261310096.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100707/01261310096.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100707/01261310096.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-do-these-people-keep-their-jobs?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100707/01261310096</wfw:commentRss>
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<pubDate>Tue, 6 Jul 2010 07:30:46 PDT</pubDate>
<title>Prince: No Music On The Internet; The Internet Is Over</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100706/01361810078.shtml</link>
<guid>http://www.techdirt.com/articles/20100706/01361810078.shtml</guid>
<description><![CDATA[ Remember back in the day when it seemed like Prince was the musician who really had <a href="http://www.techdirt.com/articles/20070722/223557.shtml"><i>figured out</i></a> these new digital-era business models?  He had done all these interesting experiments, many of which focused on selling new and unique scarcities, and not worrying so much about the infinite goods in the music.  Honestly, it seemed like he was the first real "rock star" to be willing not to just experiment, but to embrace the digital era.  But all that came crashing down really, really quickly when a few things became apparent.  First, while he loved to experiment with new business models, he didn't seem to actually pay attention to the results.  In fact, it became evident that he had little follow through ability at all.  He would just throw stuff out there, with promises to his fans, and then <a href="http://www.techdirt.com/articles/20100402/1230318851.shtml">not follow through</a> at all.
<br /><br />
Second, when it came to Prince and his music, he is <i>all</i> about control.  Control is everything to him.  And one thing that <i>does not work</i> in this new digital era is being ridiculously anal about controlling how others access or listen to your music.  So, he went somewhat ballistic, <a href="http://www.techdirt.com/articles/20070913/162815.shtml">suing</a> various internet sites for copyright infringement, including YouTube and eBay, which were both odd choices.  Since then, he's walled himself off further and further from the internet.  Rather than embrace it, he seems to want to deny it exists all together.
<br /><br />
And, it appears, he's now taking that to a new extreme.
<br /><br />
<a href="http://www.techdirt.com/profile.php?u=jeremy2020">Jeremy2020</a> points us to a <a href="http://www.mirror.co.uk/celebs/news/2010/07/05/prince-world-exclusive-interview-peter-willis-goes-inside-the-star-s-secret-world-115875-22382552/#ixzz0sperNkQy" target="_blank">recent interview with Prince by the Mirror</a> out of the UK.  Most of the interview just highlights the bizzaro "Prince World" that Prince lives in.  On that subject, if you have never seen <a href="http://www.youtube.com/watch?v=Gy_cLJ19HMg" target="_blank">Kevin Smith's brilliant and hilarious half-hour discussion</a> of his brief time in "Prince World," it's totally worth your time.  Having seen that, the interview itself doesn't seem quite so bizarre, but does seem like "Prince-as-usual."
<br /><br />
But, within the interview, Prince notes that his new album will <i>only</i> be released on CD, and not online.  In fact, it looks like he's doing <a href="http://www.techdirt.com/articles/20070629/163147.shtml">the exact same CD release strategy</a> he's done before: release the album <i>with a newspaper</i>.  If you subscribe to the newspaper, you get a free copy of the CD.  The newspaper pays Prince a huge upfront, so he gets tons of guaranteed cash, and it helps the newspaper keep subscriptions.  I actually think that part's pretty creative, even though he's done it before.  But you would think that fits <i>well</i> with an internet strategy.  Not according to Prince:
<blockquote><i>
He explains that he decided the album will be released in CD format only in the Mirror. There'll be no downloads anywhere in the world because of his ongoing battles against internet abuses.
<br /><br />
Unlike most other rock stars, he has banned YouTube and iTunes from using any of his music and has even closed down his own official website.
<br /><br />
He says: "The internet's completely over. I don't see why I should give my new music to iTunes or anyone else. They won't pay me an advance for it and then they get angry when they can't get it.
<br /><br />
"The internet's like MTV. At one time MTV was hip and suddenly it became outdated. Anyway, all these computers and digital gadgets are no good.
<br /><br />
"They just fill your head with numbers and that can't be good for you."
</i></blockquote>
Of course, this won't keep Prince's music offline.  The music will be online in no time at all, and it'll be everywhere, except that Prince won't have <i>any</i> control or say in it whatsoever.  But, of course, if he thinks it's over and outdated and no good at all, he won't notice that because he won't be online.<br /><br /><a href="http://www.techdirt.com/articles/20100706/01361810078.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100706/01361810078.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100706/01361810078.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>maybe-if-we-made-the-internet-purple</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100706/01361810078</wfw:commentRss>
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<pubDate>Fri, 2 Apr 2010 17:29:00 PDT</pubDate>
<title>Prince Discovers That If You Charge People To Connect With You, You Actually Have To Connect</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100402/1230318851.shtml</link>
<guid>http://www.techdirt.com/articles/20100402/1230318851.shtml</guid>
<description><![CDATA[ If you've never seen Kevin Smith's long, but quite funny, explanation of his <a href="http://www.youtube.com/watch?v=Gy_cLJ19HMg" target="_blank">week of making a documentary for Prince</a>, it's quite worth watching -- just to get a sense of "Prince World" and the way Prince will have big ideas that he starts, but never does much to follow through on.  With that as background, it's really not surprising to read about the <a href="http://blogs.wsj.com/speakeasy/2010/04/02/my-year-with-prince/" target="_blank">absolute disaster that his recent "fan club" business model experiment became</a>:
<blockquote><i>
 The result, LotusFlow3r.com, resembled a galactic aquarium, featuring doodads like a rotating orb that played videos. The promise: fans who ponied up $77 for a year-long membership would receive the three new albums, plus an ensuing flow of exclusive content, like unreleased tracks and archival videos.
<br /><br />
A year later, LotusFlow3r has gone dark, thousands of Prince's fans are very annoyed and Clay has been dismissed from Prince's kingdom almost as abruptly as he was invited in.
</i></blockquote>
The mess got a lot more attention lately when a supposed "glitch" (uh, ok...) started <a href="http://www.thedailyswarm.com/headlines/purple-rage-prince-fans-automatically-charged-another-year-dormant-fanclub/" target="_blank">automatically charging fans credit cards</a> for membership renewals, despite the fact that the site had gone dormant and people had specifically asked not to have their membership renewed.
<br /><br />
There was a point, a few years back, where it looked like Prince would be the first rockstar to <a href="http://www.techdirt.com/articles/20070722/223557.shtml">really embrace</a> these sorts of new business models.  He definitely was doing all kinds of experiments that involved getting people to pay for scarcities, often while giving the music away for free.  And many of the experiments looked like they were done in a way to better connect with fans.  But it quickly became apparent that Prince was missing a big element in all of this, in that while he wanted to connect with fans and give them a reason to buy, he also wanted to be <a href="http://www.techdirt.com/articles/20070913/162815.shtml">massively controlling about it</a>.
<br /><br />
The one thing that artists who are successfully embracing these models are discovering is that, in part, you have to go with the flow, and see where your fans take you.  Part of the connecting is listening to the fans, rather than just telling them how they must enjoy your works.  Prince has never been particularly good at that aspect of the fan relationship.  We've talked about the value of <a href="http://www.techdirt.com/articles/20100321/2133288647.shtml">improvisational business modeling</a>, where you do regular experiments -- and Prince certainly does that, but at no point does he seem to pay attention to how the fans react to the improvisations.
<br /><br />
In the end, he seems entirely focused on his own whims, and while that may be entertaining for himself, it appears to be pissing off an awful lot of fans.  If you're Prince, and you've got fans to spare, perhaps that's fine.  But it's hardly a model worth emulating.
<br /><br />
But there's a bigger point here as well.  If you're trying to use a <a href="http://www.techdirt.com/articles/20091119/1634117011.shtml">CwF+RtB-style business model</a>, you have to <i>actually connect</i> with fans in some manner.  You can't just leave them high and dry.  Is that difficult?  Sure.  Does it take work?  Absolutely.  But isn't that part of the point?  The value that's built up from genuine connections is what makes these business models work.  Taking people's money and then leaving them feeling empty handed may be the way the recording industry used to work, but it's not the path forward.<br /><br /><a href="http://www.techdirt.com/articles/20100402/1230318851.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100402/1230318851.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100402/1230318851.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that-didn't-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100402/1230318851</wfw:commentRss>
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<item>
<pubDate>Wed, 27 Jan 2010 13:36:00 PST</pubDate>
<title>Should Copyright Holders Pay For Bogus DMCA Takedowns?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100127/0535127927.shtml</link>
<guid>http://www.techdirt.com/articles/20100127/0535127927.shtml</guid>
<description><![CDATA[ A few years ago, you may recall that Universal Music issued a takedown for a 29-second video involving a little kid dancing to a Prince song playing on the radio in the background.  While the woman issued a counternotice and had the video put back online, the EFF <a href="http://www.techdirt.com/articles/20070725/224422.shtml">sued Universal Music</a>, claiming that it had filed a false DMCA takedown, since it did not take fair use into account.  Universal Music tried to claim that it <a href="http://www.techdirt.com/articles/20080720/2033251741.shtml">it shouldn't have to</a> consider fair use, since fair use is just a defense, not a right.  While the court eventually did (much to many people's surprise) say that copyright holders <a href="http://www.techdirt.com/articles/20080821/0251282050.shtml">do</a> need to take fair use into account, it's not really clear what sort of punishment there is for those who do not.  In fact, we've seen that it's <a href="http://www.techdirt.com/articles/20091231/1224117567.shtml">quite difficult</a> to get any actual punishment for those who file bogus DMCA takedowns.
<br /><br />
With that in mind, it's interesting to see that the EFF is now <a href="http://slashdot.org/story/10/01/25/1518217/Universal-Pay-Those-EFFing-Lawyers" target="_blank">trying to recover its legal fees in the case</a>, claiming that Universal's actions violated section (f) of the DMCA, and thus it should be liable for attorneys fees.  Universal claims that there is already a "remedy," which is the counternotice process.  But if that were the only remedy, then why does the law allow for legal fee recovery.  Furthermore, if the only remedy is a counternotice process, there is nothing to really stop the filing of bogus DMCA notices, since there is no punishment for such activity.
<br /><br />
In the linked article, Bennett Haselton argues that paying legal fees like this might not actually make sense, and worries about the legitimate content holder who accidentally files an incorrect DMCA getting hit with a big legal bill.  But, again, I'm not sure how that applies.  Shouldn't we be just as worried about the completely innocent individual hit with a DMCA takedown and the process they need to go through to get their legal content back online?  Given how massive the damage awards can be for simple (even incidental or accidental) copyright infringement, the fact that there is barely any <i>real</i> punishment for bogus copyright claims seems incredibly one-sided and unfair.<br /><br /><a href="http://www.techdirt.com/articles/20100127/0535127927.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100127/0535127927.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100127/0535127927.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-reasonable,-doesn't-it?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100127/0535127927</wfw:commentRss>
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<item>
<pubDate>Wed, 29 Oct 2008 11:33:00 PDT</pubDate>
<title>Prince: So Close, Yet So Far</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081023/1928292632.shtml</link>
<guid>http://www.techdirt.com/articles/20081023/1928292632.shtml</guid>
<description><![CDATA[ The musician Prince has been quite fascinating to follow over the years from a business model perspective.  He has aggressively experimented, and for a while seemed to be the <a href="http://www.techdirt.com/articles/20070722/223557.shtml">perfect example</a> of a musician who understood how to embrace new business models allowed by the internet.  He was creating tons of new music, some of which he was giving away <a href="http://www.techdirt.com/articles/20070629/163147.shtml">free</a> in order to promote scarce aspects of his business model, such as concerts (he sold out 21 straight concerts in London after giving away his latest CD totally free), while also embracing the idea of getting people to pay him upfront to create music.  He also experimented with things like having companies sponsor him, setting up a subscription fan club and even owning a dance club in Vegas where he would perform regularly. All were perfect examples of the sorts of business models that we <a href="http://www.techdirt.com/articles/20070503/012939.shtml">talk about</a> all the time.  And the model was clearly quite successful for Prince, helping him to earn quite a bit of money off of those scarcities.
<br /><br />
Yet, about a year ago, we all began to realize that, as successful as Prince had been in embracing these new business models, he had yet to realize <i>why</i> they worked, and started to attack the very tools that made them so successful.  For example, he <a href="http://www.techdirt.com/articles/20070913/162815.shtml">sued YouTube, eBay and The Pirate Bay</a>.  Then he went after <a href="http://www.techdirt.com/articles/20071107/092153.shtml">fan sites</a> and even a bunch of musicians who made a <a href="http://www.techdirt.com/articles/20080626/0044421521.shtml">tribute album</a> for his birthday.  And, of course, he famously was involved in a few cases of demanding people <a href="http://www.techdirt.com/articles/20080111/013944.shtml">take down</a> YouTube videos that just happen to have Prince music playing in the background.
<br /><br />
The problem is that he while he's benefited from these tools that made various scarcities (the creation of new music, concerts, etc.) more valuable, he seems to <a href="http://www.techdirt.com/articles/20080414/015112835.shtml">overvalue the content</a> and undervalue (extremely) those tools.  Thus, he seems totally against the idea of anyone else being able to profit from the music, even if it means he profits more from it.  It's a common mistake, but Prince seems to have taken it to extremes.  He's benefited so much from these models -- and in misunderstanding them, he risks destroying his legacy.  He could have been a pioneer adored by fans, like Trent Reznor -- but, instead, he's been taking a very anti-fan approach.  While there are still plenty of diehards, his views have turned off many former fans.
<br /><br />
It's tragic, too, because you read interviews like one he just did where he <a href="http://news.yahoo.com/s/ap/20081023/ap_en_ce/books_prince_1" target="_new">expresses his disdain for the internet these days</a>, and you just wish he would make the connection.  He's right about music, by itself, not being a good product to sell online, but then misses the point that this isn't a bad thing if you use it (as <i>he himself has done repeatedly</i>) to drive more business to other parts of your business model:
<blockquote><i>
"Today, it's not realistic to expect to put out new music and profit from it. There's no point in trying to put new music out there and keep it from being (exploited)."
</i></blockquote>
And that's why you build business models (again, as he himself has done) where the musician <i>benefits</i> from that "exploitation."
<br /><br />
It's really too bad that such a pioneer doesn't even realize how he was a pioneer, and is now trashing part of what made him so successful.<br /><br /><a href="http://www.techdirt.com/articles/20081023/1928292632.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081023/1928292632.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081023/1928292632.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-right,-but-so-wrong</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081023/1928292632</wfw:commentRss>
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<pubDate>Thu, 21 Aug 2008 09:05:08 PDT</pubDate>
<title>Judge Says Copyright Holders Must Consider Fair Use Before Sending DMCA Takedowns</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080821/0251282050.shtml</link>
<guid>http://www.techdirt.com/articles/20080821/0251282050.shtml</guid>
<description><![CDATA[ Strong copyright system supporters have always tried to push aside fair use.  Sometimes they pretend it <a href="http://www.techdirt.com/articles/20030205/138252.shtml">doesn't actually exist</a>.  Sometimes, they claim that it <a href="http://www.techdirt.com/articles/20051006/0617241.shtml">stifles creativity</a>.  However, in the last few years, they've pretty much aligned their talking points on fair use.  You'll hear it repeated again and again: <a href="http://www.techdirt.com/articles/20070906/212508.shtml">fair use is "just a defense, not a right."</a>  This is a bit of semantics that basically tries to minimize what fair use represents and what it's designed to allow.  The argument, effectively, is that there's no "right" to fair use, and there's no clear cut meaning for fair use.  Instead, it can and should <i>only</i> be brought up as a defense in court.  In other words, fair use does not exist until a court says it exists.
<br><br>
This is misleading and not entirely correct.  The <i>reason</i> fair use is allowed as a defense is because there is a <i>right</i> to make use of certain types of content in certain types of ways that constitute "fair use" without first needing to receive permission from the copyright holder.  But, it was still this argument that Universal Music recently used to defend itself against a <a href="http://www.techdirt.com/articles/20070725/224422.shtml">lawsuit</a> from the EFF, concerning the now infamous 29-second video of a little kid dancing, with some music from Prince playing in the background.  Everyone now agrees that this video was fair use.  Universal Music let the video go back online and did not sue.  The DMCA has a clause that allows damages to be sought against a falsely filed takedown notice -- which was basically designed to punish those who send a DMCA takedown claiming copyright over something for which they do not actually hold the copyright.  In this case, the EFF claims that since this is obvious fair use, then the DMCA notice was falsely filed.  Universal, on the other hand, asked the court to dismiss the case, saying it <a href="http://www.techdirt.com/articles/20080720/2033251741.shtml">need not consider fair use</a> when filing a DMCA takedown notice -- mainly because fair use is just a defense, not a right.
<br><br>
The judge handed the EFF something of a victory, though, allowing the case to move forward and noting that <a href="http://blog.wired.com/27bstroke6/2008/08/judge-copyright.html" target="_new">copyright owners <i>should</i> consider fair use before sending out takedown notices</a>.  To be honest, I'm a bit surprised by the decision.  While I agree that it makes <i>sense</i>, it wasn't at all clear that the law actually meant for fair use to be taken into account.  In fact, I rather doubt that this sort of scenario was even considered by those who wrote and debated the DMCA.  Universal will likely appeal on this point, and so we're pretty far from establishing definitively if fair use needs to be taken into account.  However, if this ruling stands, the claim that "fair use is a defense, not a right" loses a lot of its bite.  The court effectively said the opposite:
<blockquote><i>
Even if Universal is correct that fair use only excuses infringement, the fact remains that fair use is a lawful use of a copyright.  Accordingly, in order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright.
</i></blockquote>
The judge also noted that it wasn't any sort of onerous burden to expect the copyright holder to make a fair use determination, since it has to review the content to make sure it's infringing in the first place:
<blockquote><i>
Undoubtedly, some evaluations of fair use will be more complicated than others. But in the majority of cases, a consideration of fair use prior to issuing a takedown notice will not be so complicated as to jeopardize a copyright owner's ability to respond rapidly to potential infringements. The DMCA already requires copyright owners to make an initial review of the potentially infringing material prior to sending a takedown notice; indeed, it would be impossible to meet any of the requirements of Section 512(c) without doing so. A consideration of the applicability of the fair use doctrine simply is part of that initial review.
</i></blockquote>
All in all, this is a definite win for supporters of fair use -- and a definite loss for those who trot out the "defense, not a right" line.  As for the rest of this particular case, though, the judge indicated that the EFF may have a difficult time winning, noting that even if the copyright holder takes fair use into account, the specifics would have to be pretty extreme to then decide that it used "bad faith" in sending the takedown.  In other words, the judge is saying that Universal <i>should</i> take fair use into account, but that doesn't mean that sending the takedown was done in bad faith.<br /><br /><a href="http://www.techdirt.com/articles/20080821/0251282050.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080821/0251282050.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080821/0251282050.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-isn't-over-just-yet...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080821/0251282050</wfw:commentRss>
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<item>
<pubDate>Mon, 21 Jul 2008 06:21:00 PDT</pubDate>
<title>Universal Says It Can Ignore Fair Use In DMCA Takedowns</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080720/2033251741.shtml</link>
<guid>http://www.techdirt.com/articles/20080720/2033251741.shtml</guid>
<description><![CDATA[ Last year, we wrote about the <a href="http://www.techdirt.com/articles/20070725/224422.shtml">case</a> where Universal Music sent a takedown notice to YouTube
when a woman posted a short (29-second) video of her toddler running around with a Prince
song (barely audible) in the background.  Universal backed down when challenged on the
takedown notice, but the woman (with the help of the EFF) hit back and have sued Universal
Music for a false takedown.
<br /><br />
The DMCA has provisions for a copyright holder to assert ownership, at which point the
service provider needs to takedown the content.  Whoever posted the content can protest
that the content was legally posted -- which is exactly what happened in this case.
However, the DMCA also says that filing a false DMCA notice opens one up to damages from
those whose content was taken down.  This was in an effort to discourage false DMCA
notices.  This provision was used last year against Viacom for its <a href="http://www.techdirt.com/articles/20070322/200545.shtml">false takedowns</a> on
satirical clips of the Colbert Report.
<br /><br />
The question then, is whether or not filing a takedown notice on content that is used in a
way consistent with "fair use" is a misuse or not.  Universal Music's claim is that <a href="http://blog.wired.com/27bstroke6/2008/07/universal-says.html">it is not reasonable
for the copyright holder to take fair use into consideration</a> before sending a takedown
notice.  At a first pass, it sounds like the <a href="http://www.sfgate.com/cgi-
bin/article.cgi?f=/c/a/2008/07/19/BUDH11RKQ9.DTL">judge agrees</a>.
<br /><br />
As ridiculous as this whole situation is, the judge and Universal Music may be correct
under the existing law.  There isn't anything in the law that says the copyright holder
needs to take into account the user's defenses.  It just says they need to be the
legitimate copyright holder (which Universal Music is).
<br /><br />
The real problem, then, in this story isn't Universal Music's actions (though Universal
was acting in a rather heavy handed manner in getting the video taken down), but with the
DMCA itself that forces a takedown before the user gets to respond with a defense.  It's
this "notice and takedown" provision that's a problem.  If, instead, we had a "notice and
notice" provision that allowed the user to respond before the takedown occurred, it would
be a lot more reasonable and would avoid ridiculous situations such as this one.<br /><br /><a href="http://www.techdirt.com/articles/20080720/2033251741.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080720/2033251741.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080720/2033251741.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-it-might-be-right</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080720/2033251741</wfw:commentRss>
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<pubDate>Thu, 26 Jun 2008 06:30:00 PDT</pubDate>
<title>Prince Sues Musicians For Making A Tribute Album For His Birthday</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080626/0044421521.shtml</link>
<guid>http://www.techdirt.com/articles/20080626/0044421521.shtml</guid>
<description><![CDATA[ It's been really disappointing watching how Prince has squandered what had been seen as a <a href="http://www.techdirt.com/articles/20070722/223557.shtml">enlightened</a> view of how music works in this day and age.  Instead of continuing to embrace that, and use it to his advantage, Prince has become fantastically anti-fan, and day-by-day seems to be destroying his reputation.  It started with <a href="http://www.techdirt.com/articles/20071107/092153.shtml">threatening fan sites</a>, quickly followed up by <a href="http://www.techdirt.com/articles/20070913/162815.shtml">lawsuits</a> against YouTube, eBay and the Pirate Bay, and more recently has involved a bizarre and ill-advised strategy of <a href="http://www.techdirt.com/articles/20080111/013944.shtml">taking down</a> YouTube videos that he probably had <a href="http://www.techdirt.com/articles/20080530/1507241271.shtml">no right</a> to take down.
<br /><br />
The latest case involves fifty Norwegian musicians, who teamed up with a Norwegian record label to create what they thought was a nice 50th birthday present for Prince: a "tribute" album with 81 covers of Prince songs.  They figured that it would be a nice gesture to send Prince a copy, and contacted his representatives to figure out where to send a copy.  What they didn't expect was for Prince, instead, to turn around and <a href="http://blog.wired.com/music/2008/06/prince-sues-to.html" target="_new">sue the label and all fifty musicians</a>.  He's also demanding that all copies of the album be destroyed.
<br /><br />
There is a question of compulsory licenses here -- as Norway requires about $0.10/song, and with 81 songs, that's about $8 per album.  The label (potentially incorrectly) believed that since it wasn't making any money on the album, it didn't need to pay.  Even if the album ran afoul of copyright laws, this response from Prince is just dumb.  Here are a group of musicians who are paying tribute to him, and he sues them.  What better way to piss off a group of truly devoted fans?<br /><br /><a href="http://www.techdirt.com/articles/20080626/0044421521.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080626/0044421521.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080626/0044421521.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>happy-birthday!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080626/0044421521</wfw:commentRss>
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<pubDate>Thu, 12 Jun 2008 22:22:00 PDT</pubDate>
<title>Even Lawyers Are Confused About What's Legal Or Not In The Prince/Radiohead Spat</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080610/1651401368.shtml</link>
<guid>http://www.techdirt.com/articles/20080610/1651401368.shtml</guid>
<description><![CDATA[ We were just discussing how copyright has been <a href="http://www.techdirt.com/articles/20080609/1950311357.shtml">stretched and twisted</a> so many times that it really just isn't designed properly to handle internet communications -- and a good case in point may be the funny little <a href="http://www.techdirt.com/articles/20080530/1507241271.shtml">spat</a> we covered a few weeks back between Prince and Radiohead.  If you don't recall, Prince performed a cover of a Radiohead song at a concert.  Someone in the audience videotaped it and put the video on YouTube.  Prince's representatives demanded that the content be taken down under a DMCA request -- raising all sorts of questions.  After all, Prince didn't own the copyright on the song.  That's owned by Radiohead, whose lead singer wanted the video back online.  Prince didn't own the copyright to the video either, since he didn't take it.  So how could he use the DMCA to take down the video?
<br /><br />
But, it's not that simple, apparently.  As Ethan Ackerman details, as lawyers began to think about the situation, <a href="http://blog.ericgoldman.org/archives/2008/06/rights_in_copie.htm" target="_new">the more confused they got</a>, noting that maybe there was a right under anti-bootlegging laws.  Only, then things got more confusing, because it turns out that anti-bootlegging laws aren't actually a part of the copyright act (though it does fall under the same "title" just to add to the confusion), and the DMCA (under which the takedown occurred) only applies to copyright law.
<br /><br />
However, again, we're left in a situation where the "law" is hardly clear at all, and even those who follow the space were somewhat confused over whether or not Prince had any sort of legal standing here.  A law is not useful if the boundaries of that law are not clear, and if someone has no clue if their actions go against the law.  In the internet era, copyright certainly falls under that category of laws in which it is no longer clear what is and is not legal -- and that should be seen as a problem.<br /><br /><a href="http://www.techdirt.com/articles/20080610/1651401368.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080610/1651401368.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080610/1651401368.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wait-a-second...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080610/1651401368</wfw:commentRss>
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<pubDate>Fri, 30 May 2008 16:47:50 PDT</pubDate>
<title>Prince And Radiohead Fight Over YouTube Song</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080530/1507241271.shtml</link>
<guid>http://www.techdirt.com/articles/20080530/1507241271.shtml</guid>
<description><![CDATA[ For years, Prince was the <a href="http://www.techdirt.com/articles/20070722/223557.shtml">poster child</a> for "getting" the internet and new media distribution opportunities.  He experimented with a variety of different <a href="http://www.techdirt.com/articles/20070629/163147.shtml">creative</a> business models that suggested he got how the economics of music worked these days.  It was working too -- with his efforts to give away his music helping him sell out concert after concert around the world.  But then something changed, and Prince went ballistic, <a href="http://www.techdirt.com/articles/20070913/162815.shtml">suing YouTube, The Pirate Bay and eBay</a> and even threatening <a href="http://www.techdirt.com/articles/20071107/092153.shtml">fan sites</a> while demanding that even videos with tiny snippets of Prince music in the background get <a href="http://www.techdirt.com/articles/20080111/013944.shtml">taken offline</a>.  The whole thing is quite surprising, and if he keeps this up, he's risking taking all that goodwill he built up for years, and turning himself into <a href="http://www.techdirt.com/articles/20080529/1914021263.shtml">another Metallica</a>.  Becoming anti-fan is never a good idea.
<br /><br />
The latest story, though, has a twist.  Prince apparently did a cover of a Radiohead song at a recent concert.  Someone filmed it and put the video on YouTube.  Given his newfound hatred for YouTube, Prince demanded that the song be taken down.  And here's where it gets interesting: <a href="http://latimesblogs.latimes.com/extendedplay/2008/05/random-cuts-pri.html" target="_new">Radiohead's Thom Yorke is demanding that it be put back online</a>, noting that he owns the copyright on the song:   "Really? He's blocked it?... Well, tell him to unblock it. It's our ... song."  Of course, as that LA Times report notes, in true <a href="http://www.techdirt.com/articles/20080229/143915387.shtml">Streisand Effect</a> fashion, the effort to take down the song has only driven much more interest in people trying to find the song.  If Prince weren't suing so many people, you might even think he was canny enough to have done this on purpose as a marketing campaign.<br /><br /><a href="http://www.techdirt.com/articles/20080530/1507241271.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080530/1507241271.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080530/1507241271.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-what-it's-come-to?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080530/1507241271</wfw:commentRss>
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<item>
<pubDate>Mon, 28 Apr 2008 15:59:00 PDT</pubDate>
<title>Judge Dismisses DMCA-Abuse Lawsuit Over Video Of Baby Dancing To Prince</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080428/105749968.shtml</link>
<guid>http://www.techdirt.com/articles/20080428/105749968.shtml</guid>
<description><![CDATA[ Last summer, we wrote about the EFF <a href="http://www.techdirt.com/articles/20070725/224422.shtml">suing Universal Music</a> for sending a DMCA takedown notice to YouTube over a 30-second home video of a baby dancing to some barely audible music by Prince.  The EFF claimed that this was an abuse of the DMCA, as the use of the music was clearly fair use.  Unfortunately, though, a judge has <a href="http://www.news.com/8301-10784_3-9929922-7.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_new">dismissed the case</a> (<b>update</b>: to be more specific, he dismissed portions with leave to amend), arguing that the EFF did not make a case as to why this was self-evident fair use, and noting differences compared to other abuses of the DMCA.  The EFF had also asked for a clear ruling stating that the video did not infringe on Universal's copyright, but the judge declined to do so, noting that Universal Music hasn't indicated any plans to actually sue (it just sent the takedown notice).  The EFF has already refiled a new complaint to make the claims clearer, but so far, this case hasn't gone all that well.  However, the video itself is back online:
<center>
<object width="425" height="355"><param name="movie" value="http://www.youtube.com/v/N1KfJHFWlhQ"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/N1KfJHFWlhQ" type="application/x-shockwave-flash" wmode="transparent" width="425" height="355"></embed></object>
</center><br /><br /><a href="http://www.techdirt.com/articles/20080428/105749968.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080428/105749968.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080428/105749968.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>too-bad</slash:department>
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<pubDate>Fri, 11 Jan 2008 12:14:00 PST</pubDate>
<title>Prince Takes Down Another Video With His Music Playing In The Background</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080111/013944.shtml</link>
<guid>http://www.techdirt.com/articles/20080111/013944.shtml</guid>
<description><![CDATA[ Over the summer, there was a flurry of press coverage over the fact that, with the help of the EFF, a mother was <a href="http://www.techdirt.com/articles/20070725/224422.shtml">suing Universal Music</a> for forcing a short video she had made offline.  The 29-second video was of her kid dancing to some Prince music that was playing in the background.  We were a bit surprised by this, due to plenty of stories around that time about how Prince really "got" the internet.  We had thought that maybe this was just a move by Universal Music, rather than having anything to do with Prince himself.  Since then, of course, Prince has been <a href="http://www.techdirt.com/articles/20071107/092153.shtml">much more aggressive</a> in forcing fan sites to take down content -- though, it still seems pretty clear that the original video was fair use.  You would think that all of the negative publicity surrounding that case would have made it over to the UK, but apparently not.  <a href="http://www.theagitator.com/2008/01/10/evening-links-3/">The Agitator</a> points us to a story that Prince's representatives have <a href="http://www.lep.co.uk/weird/Taxi-driver-clashes-online-with.3658429.jp">forced a UK taxi driver to take some videos off of YouTube</a>.  The taxi driver had filmed a few short videos while he was driving his cab and uploaded them to YouTube.  During at least one of the videos, there was some Prince music playing in the background on the cab's radio.  And, that, apparently, is enough for Prince's representatives to claim copyright infringement and get the video taken offline.  Can anyone explain how a short clip like this, with the music playing on the radio in the background on an amateur film with no commercial connection at all, is not fair use?  But, more importantly, can anyone explain how (even if it is Prince's right), this makes sense for Prince?  He's clearly not losing any money from this video being online.  The <i>only</i> thing that might happen is more people hear that song and perhaps get them interested in Prince's music.<br /><br /><a href="http://www.techdirt.com/articles/20080111/013944.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080111/013944.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080111/013944.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hasn't-quite-learned-his-lesson</slash:department>
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<pubDate>Wed, 7 Nov 2007 11:54:09 PST</pubDate>
<title>Prince Threatens Fan Sites; Apparently He Didn't Get The Web As Much As We Thought</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071107/092153.shtml</link>
<guid>http://www.techdirt.com/articles/20071107/092153.shtml</guid>
<description><![CDATA[ Over the last few years, there had been all sorts of indications that pop star Prince had actually figured out the economics that drive music.  He'd run many different experiments on new business models, many of which involved embracing the basic <a href="http://www.techdirt.com/articles/20070503/012939.shtml">economics</a> we've discussed around here.  He focused on performances and came up with ways to fund his creativity through new means.  He recognized that his older catalog was promotional for all sorts of other things, and focused on constantly creating new music.  Even the NY Times this summer had a <a href="http://www.nytimes.com/2007/07/22/arts/music/22pare.html?ei=5090&#038;en=c0039dca7d82289d&#038;ex=1342756800&#038;partner=rssuserland&#038;emc=rss&#038;pagewanted=all">detailed explanation</a> for how Prince was embracing the economics of music to go beyond what others were doing.  And then it all came crashing down.  Prince <a href="http://www.techdirt.com/articles/20070913/162815.shtml">sued</a> sites like YouTube, eBay and the Pirate Bay for copyright infringement, focusing on the service provider rather than those who were actually infringing on the copyrights.  While we hoped it was just a simple misunderstanding, it appears not.  Prince has taken this campaign well beyond that, and is now <a href="http://news.bbc.co.uk/2/hi/entertainment/7082684.stm">threatening a bunch of fan sites</a> for copyright infringement because they have photos of him and his album covers on their site.  This is the type of thing we had thought went out of style in the late 90s when bands realized that fan sites are clearly only about helping you get more fans.  It's quite disappointing that someone who seemed so close to figuring it all out has gone 180 degrees and passed the mantle of understanding music economics on to folks like Trent Reznor and Radiohead.<br /><br /><a href="http://www.techdirt.com/articles/20071107/092153.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071107/092153.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071107/092153.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that's-disappointing</slash:department>
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<pubDate>Thu, 13 Sep 2007 19:22:00 PDT</pubDate>
<title>Prince Misses The Point: Sues YouTube, eBay, Pirate Bay For Copyright Infringement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20070913/162815.shtml</link>
<guid>http://www.techdirt.com/articles/20070913/162815.shtml</guid>
<description><![CDATA[ For many years it had seemed like Prince was one of the major music industry stars who actually understood the new business models made possible by the internet, and how those could be leveraged without wasting time on worrying about those who were making unauthorized copies.  Unfortunately, for all his innovation in the space, it looks like he, too, has fallen victim to trying to sue those who are out there promoting his works.  Prince had <a href="http://www.techdirt.com/articles/20070722/223557.shtml">experimented widely</a> with a variety of innovations in making, distributing and promoting music -- including his recent offer giving away his latest CD <a href="http://www.techdirt.com/articles/20070629/163147.shtml">for free</a> with newspapers.  He'd also done a number of other promotions, all designed to push more people to his concerts and events where he could make even more money.  That's why it's both surprising and disappointing to find out that Prince is now going to the other extreme and is <a href="http://www.news.com/8301-10784_3-9778087-7.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20">suing YouTube, eBay and the Pirate Bay</a> for making his works available.
<br /><br />
There are quite a few things that are problematic about this lawsuit -- with the first one still being that he's suing the wrong parties.  The sites he's suing are all the platforms which others are using for distribution.  They're not involved in the content at all, and if he wants to sue, he should be suing those who are uploading his content.  However, the much more important issue is how backwards this is and how it goes against nearly every other part of his strategy.  Nearly every other part of Prince's strategy had seemed to be focused on the simple idea that the more his music got out there, the more ways there were for him to make money -- whether it be from more people wanting to see him in concert or getting others (sponsors, partners, even fans) to pay him upfront to create his next group of songs so that he doesn't need to worry about monetizing the music after it's been produced.  These are strategies that make sense, and actually become even more valuable when his music is being heavily promoted online for free by his biggest fans.  This kind of strategy backfires when you try to also maintain strict copyright control.  For someone who had been so creative in figuring out new business models that don't require limiting fans via copyright, it's disappointing to see Prince go in the opposite direction -- potentially harming much of the good will he's built up.
<br /><br />
In the meantime, it's looking like Trent Reznor may quickly be taking away the baton as a well-known musician who is experimenting with cool <a href="http://www.techdirt.com/articles/20070402/141847.shtml">new models</a> designed to get more music out there and then providing <a href="http://www.techdirt.com/articles/20070418/031040.shtml">incentives to make money</a> elsewhere.  Reznor is now being quoted as telling fans that they should be <a href="http://www.boingboing.net/2007/09/13/trent-reznor-to-chin.html">downloading his music</a> for free from his own site, rather than wasting money on buying counterfeit CDs.<br /><br /><a href="http://www.techdirt.com/articles/20070913/162815.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070913/162815.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070913/162815.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-it-looked-like-he-was-getting-somewhere</slash:department>
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<pubDate>Mon, 23 Jul 2007 06:50:31 PDT</pubDate>
<title>A Detailed Look At How Prince Embraces New Music Distribution Strategies</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20070722/223557.shtml</link>
<guid>http://www.techdirt.com/articles/20070722/223557.shtml</guid>
<description><![CDATA[ Last month, we wrote about how the musician Prince had been <a href="http://www.techdirt.com/articles/20070629/163147.shtml">pissing off a bunch of music retailers</a> in the UK by having a newspaper give away a free copy of his latest album with every issue.  The New York Times has a great article looking at this, and giving a more detailed <a href="http://www.nytimes.com/2007/07/22/arts/music/22pare.html?ei=5090&#038;en=c0039dca7d82289d&#038;ex=1342756800&#038;partner=rssuserland&#038;emc=rss&#038;pagewanted=all">explanation of Prince's strategy</a> for music distribution that supports a lot of what we talk about here.  Basically, Prince produces a ton of new music and is constantly in the studio coming up with more music, but he then uses that music in a variety of ways to generate revenue from all different areas -- often recognizing that <a href="http://www.techdirt.com/articles/20070503/012939.shtml">the music helps make a ton of other aspects of his business more valuable</a>.  He also seems to realize a key point in understanding the difference between music that hasn't yet been created (which is scarce) and music that has been created (which is abundant).  As such, he has done a number of deals that getting someone to pay him upfront to create music (you can get people to pay for something that's scarce) but then giving that content away for free.  In the latest case, the newspaper is paying for the album, because it's going to help get them a lot more attention for their newspaper.  This is the same thing that's actually <a href="http://www.techdirt.com/articles/20050504/1041227.shtml">happening in China</a> as well, where piracy is rampant, but there's plenty of new music -- because sponsors are willing to pay to have it created.  Either way, Prince continues to provide evidence that nearly everything the recording industry insists must be true isn't actually true -- and he's doing quite well from the sound of things.  The continued publicity is helping him sell out a ton of really expensive concert venues according to the article.<br /><br /><a href="http://www.techdirt.com/articles/20070722/223557.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070722/223557.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070722/223557.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>keep-it-up</slash:department>
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