I know that I said that this post would be my last word on the subject, but (largely due to the persistence/badgering of some YouTube subscribers) I've now decided to file a counter notice with YouTube disputing Sony's copyright complaint in relation to my Barack Roll videos (at least for the purposes of Australian jurisdiction/law).
It might not have been the smartest thing to do, but I worked damn hard on those videos, I'm proud of them and Google even used one of them to promote one of their gadgets.
Thanks again to everyone who has sent messages in support. Hopefully I'll get my audio back, but, if not, at least I'll have given it a try.
While I used to get a bit frustrated that people were uploading my videos to Funny or Die and College Humor without asking me, at least it keeps the videos alive for the moment.
Just a way of showing the disjunct between Astley's comments about "Barack Roll" and YouTube/Sony's response.
I'm not too fussed really. The McCain getting Barackroll'd video is the stronger of the two and is still up. In any case, rickrollin' has more or less had its day.
I've got an idea for a new video in the same style. Might try to put it together to mark the first 100 days of the administration.
Heard back from YouTube. Doesn't seem as though the muting of the Barack Roll videos is going to be lifted. Seems pretty funny given that Rick Astley himself has commented on the video and that Google itself has used the video in promoting its Elections Video Search gadget. Pretty sure YouTube used it as a featured video last year as well.
A few people have asked me to reupload the video. I don't think it's really appropriate to aggravate the matter in that way. The video isn't hard to find online for those who really want to do so.
Anyhow, the follow up video of John McCain being Barackroll'd is still nice and noisy. I brought to the attention of YouTube that the video used substantially the same audio, but they don't seem to have taken any action so far.
YouTube has, at least for the moment, muted the audio on my Barack Roll video.
[EDIT] Someone pointed out that the audio is not muted when the video is embedded in another site, but only when it is played throught the YouTube site. That strikes me as bizarre.
I've received a number of copyright notifications in the past in relation to different videos. Most (if not all) of these have seemed to be spurious and have been removed by YouTube. The present notification and muting, on the other hand, is on the basis that the videos may use audio content owned or licensed by Sony ATV Publishing, which (assuming Sony has the rights to Never Gonna Give You Up) they definitely do.
I've always considered that the use constitutes a fair use for the purposes of copyright law. I'm not a specialist in intellectual property law, and certainly not the law outside of Australia.
I figure that the video was probably picked up by some audio scanning software, rather than the notification being made specifically. I've made contact with YouTube, and am pretty happy at this stage to live by whatever their determination is, rather than getting involved in formal counter-notification procedures. I've got a fair amount of sympathy for Google in this regard - I understand the complex issues copyright claims give rise to and the practical difficulties in dealing with notifications on a case by case basis.
Would be interested to know what people think.
ps. Further apologies for continued lack of videos. Work in the court has been excellent fun, but also very time consuming.
I'm in love with Wikipedia and use it for resarching the backstories of the Planeteers, trying to teach myself particle physics and the occasional piece of dubious legal research.
I was surprised and bemused a few months ago when a mate pointed out that someone had set up a wikipedia page about me. I've avoided the temptation to edit some of the inaccuracies (no longer a student, and no longer at Mallesons), because I assume that infringes a wikipedia policy as to neutrality.
Anyhow, it now appears that the page may not be long for this world as someone has realised that "His accomplishment is only somewhat notable, and he himself is not." I'm not sure I'm in a position to disagree with that, so I thought I'd take the opportunity, while it lasts, to say thanks to whoever started the page and studiously updated Barack Roll's number of views.
By the by, it seems that the Chaser Annual is being released at the moment. This year it's "The Little Rudd Book" and I got to do the cover art. When I got to hang around with The Chaser guys last year during the election, they were incredibly generous with their time, so I was glad to be able to do something in return. Let me know what you think!
I too would like Nate Silver advising on all of my life decisions.
I first heard Obama's speech at the 2004 convention some time in 2005. I was moved by it, forced it upon a dozen or so friends, and subscribed to his endearingly mundane and frustratingly irregular podcast.
I have read President-Elect Obama's books, I have been cheering for him for the last two years, and now I can't really believe that he's actually won.
I'm sorry about the lack of videos since John McCain got Barackroll'd. I had intended to put out more, and in particular had contemplated a John McCain / Souljah Boy video in line with the apparently effective formula: US Politics + Internet meme = lotsa views (h/t to someone - can't remember where I read that, but it's true). Sadly, working at the court is taking up a good deal more time than I'd really anticipated.
Anyhow, I hope that everyone has an awesome election day! I'll be frantically checking coverage online between breaks from court.
Thank you to everyone for your comments on the latest John McCain BarackRoll’d video. It certainly made a weekend of trying to teach myself how to blue screen worthwhile.
I’m not sure when my next video will be. I’ve got a few ideas I’ve been sitting on, but I may have to wait and see what sort of footage the first debate provides. Also, I’m finishing up at Mallesons today to spend a year working as a tipstaff, and learning the ins and outs of NSW Supreme Court procedure may disrupt video production somewhat.
Turning back to Australian politics for a moment, I was a month off in my prediction of Nelson’s demise, but it seemed like as good an excuse as any to repost my Corey video:
This seemed to get cut from the coverage of John McCain's acceptance speech:
This is a bit of a return to the well, but after McCain delivered his acceptance speech in front of an alternately green and blue screen, it was too good an opportunity to pass up.
Sadly, being an Australian, I don't seem to be eligible for Colbert's green screen challenge, but this would certainly be my entry.
Big thanks to my house mate for coming up with the idea to BarackRoll the GOP Convention. It would be kinda awesome if John McCain does get BarackRoll'd at some point before the end of the campaign...
