Tame The Web – “Itâ€™s NOT fair use under current copyright law for the simple fact we used the entire song plus Smashmouthâ€™s â€œAll Starâ€, so Iâ€™m considering this as the best course of action: Iâ€™ll delete the audio or choose some innocuous track YouTube supplies and then instruct folks to queue up and play Madonnaâ€™s â€œRay of Lightâ€ and watch the video that way (although Greg Schwartz suggested â€œDark Side of the Moonâ€ – a fascinating choice as well). That way we can keep the video up for folks to see an maybe adapt the concept in some way for their libraries.”
A very interesting post by Michael Stephens (It’s been a long time since I linked to one of his blog posts – I’ve enjoyed his blog lately). My thoughts? Copyright doesn’t seem to have been breached here. According to the article that Michael links to:
“Under the revenue-sharing accord, YouTube.com will use special software to identify recordings used in videos posted by users and then offer the owner of the copyrighted music a percentage of the fee for advertising that would run alongside the clip. The deal also provides for the copyright owner to demand that YouTube remove the clip instead. Terms of the deal were not disclosed.”
So, did Madonna see the video and ask WBM to ask YouTube to take it down? It seems to me that, if she didn’t, the video should be rightfully re-uploaded and Madonna should get some money. Of course, I’m not a lawyer so I don’t know the fullest extent and details of what is going on here.
Keep on fighting the good fight Michael…
Update – Apparently, Google stopped the YouTube/WMG deal. I guess the video that Michael uploaded went from legal in 2006 to illegal in 2009…unless there is a grandfather clause. A very uncool move by Google.