Which Crazy Copyright Holder Took Down Katie Ledecky/Carlos Santana 'Smooth' Mashup First?

from the who-gets-the-gold? dept

By now you've probably seen or heard about the somewhat amazing world record and race victory by swimmer Katie Ledecky in the 800 meter freestyle, in which she came in first by a rather astounding 11.38 seconds. There are some photos floating around showing her basically all by herself in the pool:
Of course, since you can't actually show any video anywhere, the NY Times created a graphic representation of Ledecky's amazing race showing just how dominant it was:
It seems kinda pointless that you can't use the actual video for that, but welcome to a world where intellectual property locks down everything.

Either way, various people were creating other ways of showing all this, and a guy named Jimmy Donofrio created a video that I think showed the end of the race synced up to the opening of the famous song "Smooth" by Carlos Santana, featuring Matchbox 20's Rob Thomas. You've heard the song. It's basically impossible for anyone to not have heard this song (or at least that opening guitar riff) at some point since it was released in 1999. Apparently, if you start the song just as Ledecky finishes, it gets all the way through the opening and up to Thomas saying, "Man it's a hot one...." before the 2nd place finisher touches the wall. The mashup video started to go viral. MTV News reported on how awesome it was.

But, if you go to that tweet now this is what you see:
Someone -- either the Olympics or whoever holds the copyright to the song -- issued a takedown. This is ridiculous. The use here was almost certainly fair use. But when you have two of the most aggressive copyright aggressors around -- record labels and the Olympics -- I guess it's no surprise that they would ignore fair use and take down content like this, which is the kind of content that would likely only get more people interested in either the Olympics or the music. But, no, copyright is apparently more important than that.

Separately, it's disappointing and somewhat ridiculous that Twitter agreed to take this down. I get that it doesn't want to lose any DMCA safe harbors -- and perhaps it doesn't want to piss off the Olympics -- but seriously, get a backbone and stand up for fair use.

Filed Under: carlos santana, copyright, fair use, jimmy donofrio, katie ledecky, rob thomas, smooth, takedowns, the olympics
Companies: olympics, twitter


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  • identicon
    Anonymous Coward, 15 Aug 2016 @ 11:06am

    Ad hominem

    Mike, ur on twitter accusing others of "personal ad hominem attacks" on you but continue to use insults and name-calling as a routine part of your schtick here ("crazy copyright holder"). Just sayin'

    reply to this | link to this | view in chronology ]

    • identicon
      Rich, 15 Aug 2016 @ 11:12am

      Re: Ad hominem

      I don't think you understand the meaning of "ad hominem." For one thing, "insults and name-calling" are not, in and of themselves, ad hominems.

      reply to this | link to this | view in chronology ]

    • icon
      That One Guy (profile), 15 Aug 2016 @ 11:19am

      Re: Ad hominem

      Would you prefer 'short-sighted'? 'Too greedy for their own good'? How else would you refer to someone who demanded the removal of something that only stood to benefit them with additional interest in their music/event?

      reply to this | link to this | view in chronology ]

      • identicon
        Michael, 15 Aug 2016 @ 11:44am

        Re: Re: Ad hominem

        I am going to agree with the OP here.

        We need to stop insulting people with mental disorders by calling record executives "crazy". Crazy people do not deserve to be insulted like that.

        reply to this | link to this | view in chronology ]

    • identicon
      I.T. Guy, 15 Aug 2016 @ 11:48am

      Re: Ad hominem

      Would you not describe someone trying to jump off a bridge as crazy?

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Aug 2016 @ 12:14pm

      Re: Ad hominem

      You have no idea what ad hominem is. Just sayin'

      reply to this | link to this | view in chronology ]

    • icon
      Mike Masnick (profile), 15 Aug 2016 @ 12:43pm

      Re: Ad hominem

      Mike, ur on twitter accusing others of "personal ad hominem attacks" on you but continue to use insults and name-calling as a routine part of your schtick here ("crazy copyright holder"). Just sayin'

      That's not an ad hominem.

      You should learn what words mean.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Aug 2016 @ 11:11am

    I'd like to know what happens when there are many different copyright holders, such as a songwriter and record label on the audio portion, and another one or two on the video portion -- in a situation when most of them want to monetize a video but one demands a DMCA takedown, thereby taking money out of the pockets of the other copyright co-holders?

    How are such issues settled?

    reply to this | link to this | view in chronology ]

  • icon
    Mason Wheeler (profile), 15 Aug 2016 @ 11:16am

    Wow, I remember that song. back when it came out, all the radio stations played it zillions of times. Not quite as ridiculously over-played as that horrible thing from Titanic, but... yeah.

    Despite that, between the singer's tendency to mumble and the intelligible parts being a big jumble of word salad, no matter how many times I heard it I never did attain the slightest idea of what the song is actually about, beyond "gimme your heart, make it real, or else forget about it."

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Aug 2016 @ 12:04pm

      Re:

      oh, you mean lyrics might have some message, some content or import beyond mere sound ?
      huh, who knew, since you cant understand 75-80% of the lyrics, and most of what you can understand is fluff, or pointless, or me-Me-ME!!!!!
      now, get off my song !!!

      reply to this | link to this | view in chronology ]

      • icon
        Mason Wheeler (profile), 15 Aug 2016 @ 12:36pm

        Re: Re:

        Yes, most songs have some sort of message or meaning. A good number of them even tell some sort of story.

        And then you've got meaningless jumbles of word salad like this one and American Pie.

        reply to this | link to this | view in chronology ]

  • identicon
    Adam, 15 Aug 2016 @ 11:22am

    Are we?

    Are we still talking Olympics? The organization that's made itself irrelevant...

    reply to this | link to this | view in chronology ]

  • icon
    Ninja (profile), 15 Aug 2016 @ 12:03pm

    I think the video meant to show how much faster than the IOC/labels Katie is. She got over 10 second ahead of the DMCA takedown! Shame on you, copyright holders, shame o you.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Aug 2016 @ 12:56pm

    By now you've probably seen or heard about the somewhat amazing world record and race victory by swimmer Katie Ledecky in the 800 meter freestyle,

    Well I have now.

    reply to this | link to this | view in chronology ]

  • icon
    That One Guy (profile), 15 Aug 2016 @ 1:10pm

    All a matter of incentives

    Separately, it's disappointing and somewhat ridiculous that Twitter agreed to take this down. I get that it doesn't want to lose any DMCA safe harbors -- and perhaps it doesn't want to piss off the Olympics -- but seriously, get a backbone and stand up for fair use.

    Growing a backbone with regards to the DMCA opens you up the possibility of insanely expensive legal fees and fines, whereas caving has no penalty whatsoever. The incentives provided by the law are entirely on the side of content removal, while the penalties are entirely on the side of keeping content up, so it's not surprising that most companies and individuals would weight the two options and go with the first more often than not, as taking the route of content removal is the much safer option.

    It may be disappointing and disgusting that so many companies simply fold any time a DMCA claim is made, but with the law written to be entirely one-sided it should never be surprising, as it's working entirely as designed.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Aug 2016 @ 3:15pm

    Repost it...

    Let's have someone repost the video with the music changed to Happy Birthday. Then the IOC can get on with issuing the takedown.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 16 Aug 2016 @ 6:18am

    Well, they've succeed, I no longer care.

    Olympics? What Olympics, all I see are barriers, obviously they they don't want anyone to know about it. Guess I'll just read a book or something

    reply to this | link to this | view in chronology ]

  • identicon
    First of All, 16 Aug 2016 @ 9:56am

    Get rid of all the lawyers

    I guarantee it was a lawyer who took this video down. Carlos would not have minded.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 16 Aug 2016 @ 10:00am

      Re: Get rid of all the lawyers

      Yeah, they do hang on every truly creative artist's ass like the bloodsuckers they are.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 16 Aug 2016 @ 10:06am

        Re: Re: Get rid of all the lawyers

        Maybe we could make it a crime to be a lawyer!

        reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 16 Aug 2016 @ 10:19am

        Re: Re: Get rid of all the lawyers

        Its not as if the video poster was using the song to make money off of it. That money from commercial use of Carlos's songs goes straight into the pockets of lawyers. THAT MAKES ME SSSICK!

        reply to this | link to this | view in chronology ]

        • identicon
          Lastly, 16 Aug 2016 @ 10:38am

          Re: Re: Re: Get rid of all the lawyers

          Carlos get what? $.03 for each play with which to divy out to his entire band and crew? HA that is a travisty.

          reply to this | link to this | view in chronology ]


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