All right who blabbed? You Tube Scare

[rabid1st]

So...I open my email this morning and am greeted by this...

Dear YouTube Member:

UMG has claimed some or all audio content in your video Let's Get It On. This claim was made as part of the YouTube Content Identification program.

Your video is still live because UMG has authorized the use of this content on YouTube. As long as UMG has a claim on your video, they will receive public statistics about your video, such as number of views. Viewers may also see advertising on your video's page.

Isn't that special? I feel the noose of authority closing in around my neck. Of course, I don't think anyone blabbed. And I even feel that UMG has done the proper thing in monitoring and advertising via me. I think that vidders do an enormous advertising service for shows and obscure artists. I have purchased records and started watching shows from a good vid, I found.

And I can't tell you how many people have told me they started watch Doctor Who off of one of my vids. Lots! And I'm not even a great vidder. Imagine what someone really good could do for them. Actually, the more savvy networks are already holding legal vidding contests. The only problem I have with them is their internal need to control all content. All the contracts they are under. In a way...I think a bit of piracy does them good...frees them up from constraint. They should do just what good old UMG does here...figure they will keep an eye on me and mine.

Put this up so you can know though...if you've linked your vids to mine. Something like this could have a domino effect. They are onto me, now, I suppose.

Comments

[irishlullaby.livejournal.com]

Who the hell is this UMG anyway?? They yanked one of my vids a few weeks back because of the song I had in it.

[roxyk630.livejournal.com]

Universal Music Group
http://new.umusic.com/overview.aspx

Pretty big name... but its probably for music piracy that your stuff got removed more than the vids (on both accounts)

Sorry guys!

[rabid1st.livejournal.com]

They didn't actually yank mine. They let me keep it up. That's what I'm saying...it is either good advertising for them...or they hope to hook more fish. Can't say which.

Rae

[roxyk630.livejournal.com]

Wow... they kept them up?!

... interesting. Maybe its becasue you didn't "claim" it as yours. So you aren't doing anything illegal... They just want everyone to "know" its theirs...

Throwing weight around?

[doctordiehard.livejournal.com]

Is there anything we can do to help you?

[rabid1st.livejournal.com]

Thank you so much for the offer. But I don't think they are really doing anything but clipping a leash on me. They are saying, "We know what you are up to and we are watching you."

Let 'em, I say.

Rae

[xlostangelx.livejournal.com]

I find that letter interesting because it really says nothing and claims nothing and changes nothing, but in the end I wonder how many people it scares off from making videos, which seems to be the only purpose of the letter.

[rabid1st.livejournal.com]

And my almost lawyer chimes in...thanks! This was my impression to...nothing is charged or claimed against me. It's like a warning shot across my bow. "We know who you are! We are watching you and yours!"

I thought it might well serve to scare people off without doing anything. Though someone else said that their video was pulled. Mine is allowed to stay. I do give credit to everyone...but I don't think that makes my trademark infringement (ala the video image of characters) fair usage.

I do feel that vidders should be licensed to use products for fandom purposes. Certainly monitored to make sure they aren't interfering with money making ventures, not stopping DVD sales or record sales. But I feel the service I provide struggling shows like Doctor Who and BSG is a valid service. I give them exposure they might not ordinarily have. As I said, people ask me all the time who did the songs...Sister Hazel and Dead or Alive have both picked up fans from my vids...and what show I'm pimping.

Rae

[xlostangelx.livejournal.com]

There are a number of potential legal issues involved with videos, but I don't think I have heard of studios going after videos, because as you said it is very good publicity. However, it is not the same for the songs used in the videos. TV shows make money selling ads, while music makes money by selling copies, which is why the music industry really doesn't like copies of their songs used without their permission and payment because they see it as a lost revenue. TV shows don't lose money through the videos. Which could explain why someone else's video is pulled and yours wasn't - the song you used was licensed to be used on Youtube and the other song may not have been. I know nothing about Youtube's licensing agreements, but that's my guess based on the letter you got.

A few months ago I went to a talk by the leading copyright expert in the country and his opinion was that fan fiction was fair use and his reasoning would apply equally to fan videos (the clip part of the video anyway). However, you are still going to run into problems with the music. The music industry doesn't see it as publicity.

This is what I thought

[rabid1st.livejournal.com]

Based on what I know of copyright law from the library. I attended a similar lecture on copyright and fanfiction about four years ago...and the idea of images and video came up as violation of trademark rather than copyright. And the song issue was also fronted as the direct loss of revenue to the songwriter and performer came into play. As you say, they are not paid for our use.

I have always had an issue with the music industry and hit songs though...because for a long time they were forcing us to buy an album. Now that you can download individual songs...I can see pay and play making more sense. I still hold that there should be fairuse fan licensing though. Something nobody has tried, yet. The problem with the studios seems to be they don't want to (or contractually can't) work together.

Rae

[auntiesuze.livejournal.com]

Huh. That's interesting. I'm surprised they let you keep it up, but I hope that this will be the trend. I agree with you - it's fabulous advertising. I, too, have bought loads of music because I heard something I liked in a video (Brooke Fraser is a recent example).

[rabid1st.livejournal.com]

The thing here is...I think...the songs I use are so out of date that it isn't a big deal. I don't like to use modern music or very popular music. And I think the music industry is the problem in vidding. As long as we are not putting too much of an episode into the vids then the studios are only getting free advertising...but most people don't go buy albums I suppose from the songs...and the rights are different in any case.

Rae

[fidesangelus.livejournal.com]

Well that'd be slightly panic inducing but I'm glad to see that the corporate big wigs are getting a clue and understanding how much free advertising comes from quality fanvids. :)

[keswindhover.livejournal.com]

Does this mean you are UMG's bitch?

[rabid1st.livejournal.com]

Yes! It looks like you are going to be sharing me on alternate Tuesdays!

Rae