YouTube’s DMCA decision and the campaign to morph victims into villains | Vox Indie

YouTube will pay copyright court costs for a few users–not because it’s right–but to protect Google’s bottom line

According to a story in today’s NY Times, the folks at YouTube are ready to pony up cash to support some of its users “fair use” claims in court.

“YouTube said on Thursday that it would pick up the legal costs of a handful of video creators that the company thinks are the targets of unfair takedown demands. It said the creators it chose legally use third-party content under “fair use” provisions carved out for commentary, criticism, news and parody.”

You’ve probably read a lot about “fair use” lately.  It’s the Electronic Frontier Foundation’s mantra and if the folks there had their way, pretty much everything and anything would be considered “fair use.”  Fair use an important legal doctrine and when applied properly (criticism, comment, news reporting, teaching, scholarship, or research) is not an infringement of copyright.  However, these days, too often is used as a disingenuous defense for copyright theft.

READ THE FULL STORY AT VOX INDIE:
http://voxindie.org/youtube-covers-legal-costs-for-some-users/

Proposal for Compulsory Remix License Has Foes in Steven Tyler and Attorney Dina LaPolt | Billboard

Aerosmith lead singer Steven Tyler and music attorney Dina LaPolt have sent a letter to the U.S. Patent and Trademark office opposing the creation of a compulsory license that would allow anyone to legally create remixes and derivative works, without getting songwriter permission.

For example, in 1986 Run-D.M.C recorded a version of Aersmith’s “Walk This Way.” As a cover it could have requested a compulsory mechanical license to create their version. But instead Run DMC involved Tyler and Aerosmith guitarist Joe Perry, who authored the song, in the process to create “one of the most famous derivative works of our modern times.”

“A compulsory license for remixes, mash-ups and sampling is a step too far,” they argued in their letter, which was provided to Billboard. “Approval is the most important right that a recording artist or songwriter has and they need to retain the ability to approve how their works are used… The current system does not need reform.”

READ THE FULL STORY AT BILLBOARD:
http://www.billboard.com/biz/articles/news/legal-and-management/5901155/proposal-for-compulsory-remix-license-has-foes-in

Beastie Boys Respond to GoldieBlox in Fight Over ‘Girls’ | The New York Times

Keep your eyes on this story kids. This is an all out assault on artist and creators rights from Silicon Valley interests.

The Beast Boys Respond:

Like many of the millions of people who have seen your toy commercial “GoldieBlox, Rube Goldberg & the Beastie Boys,” we were very impressed by the creativity and the message behind your ad.

We strongly support empowering young girls, breaking down gender stereotypes and igniting a passion for technology and engineering.

As creative as it is, make no mistake, your video is an advertisement that is designed to sell a product, and long ago, we made a conscious decision not to permit our music and/or name to be used in product ads.

When we tried to simply ask how and why our song “Girls” had been used in your ad without our permission, YOU sued US.

READ THE FULL STORY AT AD AGE:
http://artsbeat.blogs.nytimes.com/2013/11/25/the-beastie-boys-fight-online-video-parody-of-girls/?_r=2

Why Copyright is a Right and Fair Use is a Privilege | Law Theories

In this post, I’ll explain why copyright opponents have it exactly backwards when they claim that copyright is a privilege and fair use is a right. At the outset, I note that these terms can have various, nontechnical meanings that possibly overlap. For example, Black’s Law Dictionary defines “right” to mean, inter alia, a “privilege,” and it defines “privilege” to mean, inter alia, a “right.”2 But copyright opponents are not using these terms interchangeably; they are using them in contradistinction to each other. In other words, they are saying that right and privilege are mutually exclusive terms. It’s this technical usage of these terms that I’ll address.

READ THE FULL STORY AT LAW THEORIES:
Why Copyright is a Right and Fair Use is a Privilege