EFF Gives Prince A 'Lifetime Aggrievement Award' For DMCA Takedown Abuse

from the raspberry-beret-awards dept

The EFF has inducted singer Prince into its "Takedown Hall of Shame" by giving the purple one the "Raspberry Beret Lifetime Aggrievement Award" 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:
  1. Prince's recent DMCA takedown 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.
  2. Prince's DMCA takedowns sent over fan-recorded concert videos of his performance 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.
  3. Of course, no surprise here, Prince's connection to the infamous YouTube takedown of Stephanie Lenz's 29-second video 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).
Of course, if the EFF wanted, it could make the list even longer. Prince sent a cease & desist to an artist who put together a puppet-based tribute to the artist. He similarly threatened 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 sued 50 musicians for having the temerity to record a tribute album to Prince for his birthday. Such a nice guy.
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Filed Under: dmca, dmca abuse, prince, raspberry beret, takedowns

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  1. identicon
    horse with no name, 9 May 2013 @ 3:27am

    Re: Re: Re: Re: Incorrect

    I hear a lot of "you are wrong" but nothing to cite why you think you are right.

    A private venue performance has plenty of restrictions on it. Are you not aware of them?

    The protection of performers is perhaps the strongest and most unified of the related rights. A performer (musician, actor, etc.) has an intellectual input in their performance over and above that of the author of the work. As such, many countries grant moral rights to performers as well as the economic rights covered by the Rome Convention (Arts. 7–9), and the rights of paternity and integrity are required by the WPPT (Art. 5).
    Performers' rights should not be confused with performing rights, which are the royalties due to the composer for a piece of music under copyright in return for the licence (permission) to perform the piece in public. In other words, performers must pay performing rights to composers. Under the Rome Convention (Art. 7), performers have the right to prevent:
    the broadcast or communication to the public of their performance, unless this is made from a legally published recording of the performance;
    the fixation (recording) of their performance;
    the reproduction of a recording of their performance.
    The WPPT extends these rights to include the right to licence:
    the distribution of recordings of their performance, for sale or other transfer of ownership (Art. 8);
    the rental of recordings of their performances, unless there is a compulsory licence scheme in operation (Art. 9);
    the "making available to the public" of their performances (Art. 10), in effect their publication on the internet.
    Article 14 of the Rome Convention set a minimum term for the protection of performers' rights of twenty years from the end of the year in which the performance was made: the TRIPS Agreement (Art. 14.5) has extended this to fifty years. In the European Union, performers' rights last for fifty years from the end of the year of the performance, unless a recording of the performance was published in which case they last for fifty years from the end of the year of publication (Art. 3(1), Directive 93/98/EEC).[10]

    From Wikipedia


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