Wednesday, April 8, 2009

A Muted Response

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.

15 comments:

Salsa said...

Please post the video somewhere else, don't use YouTube cause they'll never let you upload copyrighted songs like that. I got a few videos removed for the same reason and I didn't have backup for those.

Dodger Of Zion said...

I favorited your Barack Roll and was extremely disappointed to find today that the busybodies at Sony disabled the audio. IT'S A PARODY FER CHRISSAKE!

At least your John McCain Barack Roll is safe...for now.

My suggestion to you is to upload the video in an MPG or similar format somewhere other than YouTube.

Thank you for your amazing political smash-ups, they bring a smile to my face.

Anonymous said...

Video is silenced now
Embedded videos got silent as well

Funny is, someone uploaded the video (giving you the credits) and it has the sound (for now)
i think people will keep uploading it just to screw with sony , lol


good luck!
great work by the way!

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