Tag Archives: copyright holders

Postcards to Defend Copyright

We at UniqueTracks want to pass along this link to a very smart messaging program from copylike.org (Defend Copyright). These are online postcards displaying easy to understand statements about the damage to artists caused by piracy and file-sharing. The postcards can be sent directly from the copylike.org site.

See some examples below…

copylike.org_postcard_rightsandtheft

copylike.org_postcard_money

copylike.org_postcard_musicisfree

 

Spread the word at
http://copylike.org

More copyright lawsuits for YouTube

Add England’s Football Association Premier League as the latest group to sue YouTube for violating copyright law.

Responding to the suit, Google’s general counsel, Kent Walker, said via email that “these suits simply misunderstand the (DMCA), which balances the rights of copyright holders against the need to protect Internet communications. As a result, they threaten the way people legitimately exchange information.”

It appears that defining YouTube as a “service provider” under DMCA regulations will be Google/YouTube’s main defense in these copyright infringement cases. But will a judge and jury accept that YouTube can be defined as a mere service provider under DMCA parameters? The DMCA (Digital Millennium Copyright Act), which was passed in 1998 under President Clinton, relieves ISPs or web hosts of liability if one of their hosted sites violates copyright law. Under DMCA, as long as the ISP immediately removes the illegal content and in some cases terminates the offending sites account, then the ISP is not liable for the actions of the hosted site.

When YouTube’s CEO Chad Hurley was asked about YouTube’s copyright violations by New Jersey Republican, Rep. Mike Ferguson at a May 10th hearing on Capitol Hill, Hurley defended the site’s practices as in compliance with the Digital Millennium Copyright Act.

I believe, as others do, that YouTube is misapplying the DMCA. Under their interpretation the burden is the copyright holders alone. The copyright holder has to maintain constant vigilance against infringement. While this may be true to some degree, YouTube is also basically saying here that they believe no law is broken as long as they receive no notice that a specific video is violating copyright. What if the copyright holder is unaware of the infringement and does not ask for removal, is there then no liability?

The truth is, copyright law is broken as soon as one party uses the copyrighted work of another without permission. Further, the law is broken, not at the moment the copyright holder becomes aware of the infringement, the law is broken the moment the work was used. Trying to wrap this simple statement of copyright law into a provision of the DMCA, complicating it with so called “take-down notices” and filtering software, though beneficial to YouTube, is, in my opinion, not going to fly at a copyright infringement trial.

Google’s Kent Walker interprets the DMCA to say that the exchange of information over the Internet and the need to “protect Internet communications” (not quite sure what that means?) is equally as important as upholding the rights of copyright holders. I don’t believe the DMCA was made law for this reason. It sought to relieve ISPs of liability if, say, one of their sites uploaded a hacked version of Microsoft Word. I don’t think the legislators in 1998 ever envisioned the DMCA being used to offer coverage for a company that freely broadcasts videos that they have no permission to offer.

Best Drum and Bass break – Say Amen Brother

When I first heard Drum and Bass music (and Jungle) around 1995, I thought I had heard the next great musical movement. The concepts were fresh and startling. It was a new way to think about rhythm and, to me, most major musical innovations, whether in jazz or hip hop, center around new musical thinking regarding rhythm. Back then it seemed like I could not hear a bad or inferior drum and bass track. They all seemed to point in new directions.

As time passed, the breakbeat revolution I thought would happen never really did (at least not in America) and eventually, D’n’B music became watered down as more and more people started making it. It’s probably true for any musical movement that catches fire and finds a greater audience. The pioneers that create the form produce the strongest music and set the benchmarks. This is not to say drum and bass as a form of music is dead, far from it, but the early years were truly remarkable.

This video by Nate Harrison is an exceptional discussion about a drum break that almost single-handedly launched the D&B form. It is called the “Amen” break because it is a 6-second sample or break from a song recorded in 1969 by a group named the Winstons. The song is called “Amen Brother”.

The video is long at 18 minutes and, though it is not overly interesting visually, it’s very well written with plenty of musical examples as well as many insightful cultural comments. If you have an interest in drum and bass or are making electronic music, you owe it to yourself to watch this video.

Towards the end of the video, the author also talks about how the drum and bass music which was powered by the Amen break has never been challenged by the copyright owners of the song Amen Brother. He goes on to point out how this act, essentially putting the sample in the public domain, led to the creation of a new art form.