Even Obama Is A Pirate: BMG Issues New Takedown On Original Obama Singing Al Green Clip

from the this-may-get-interesteing dept

Tue, Jul 17th 2012 2:05pm — Mike Masnick

Wow. So earlier today, we wrote about how BMG issued a takedown on the new web-based ad put out by the Romney campaign, which included a brief clip of President Obama singing Al Green's "Let's Stay Together." As we argued, this use seemed to be pretty clearly "fair use." And, of course, it was noteworthy that BMG only seemed to go after the Romney ad, making it pretty clear that this was politically motivated. The original clips of Obama singing Al Green were all over YouTube... and BMG only chose to go after the one used in a Romney commercial. It appears that someone pointed out to BMG's lawyers that this looks really bad, so rather than backing down, BMG has doubled down and issued takedowns to a bunch of the original videos of Obama singing that one line from Al Green. Here's one that shows BMG issued the takedown.

The original one that we linked to was actually from the Associated Press, who -- as a news organization -- has an even stronger fair use claim. But that video is missing as well, though it has a slightly different message on the site now:

That's... weird, because the video was absolutely available just this morning. Has the Associated Press really decided to block that video in the US? Seems... strange. Why would the AP allow itself to be bullied like that? Because I'm curious about these things, I hopped on my handy dandy VPN system and magically transported my connection to Canada... where the video came back. Magic. So, it's not entirely clear what's going on here, but if you're in the US (and not using a VPN) it appears that these clips of Obama singing Al Green are quickly disappearing from the web, despite clear fair use claims. The entire thing is 9 seconds and there's no way that anyone could make a reasonable claim that this use takes away from the original work or somehow acts as a substitute.

And, of course, in true Streisand Effect manner, all this is doing is calling a lot more attention to the video... and BMG's ridiculous censorious response to the situation.

Update: And... as Michael Weinberg points out, BMG appears to only be targeting President Obama singing Al Green. There are tons of other clips of Al Green singing the song himself or others singing the song. All left up. Hmm...

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: al green, barack obama, copyright, dmca, fair use, takedown
Companies: bmg

104 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Alana (profile), 17 Jul 2012 @ 2:05pm

Ohshit
Everyone is a pirate.

Everyone "needs" to be sued!
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 2:38pm
  
  Re: Ohshit
  Let's Kill all the Pirates
  [ link to this | view in chronology ]
  - SujaOfJauhnral (profile), 17 Jul 2012 @ 2:42pm
    
    Re: Re: Ohshit
    Starting with their captain, RIAA!
    [ link to this | view in chronology ]
    - Killion of HFBoards, 26 Oct 2012 @ 10:29pm
      
      Re: Re: Re: Ohshit
      Now your talking my language! Good job SujaOfJauhnral! Keep it up!
      [ link to this | view in chronology ]
  - Killion of HFBoards, 26 Oct 2012 @ 10:28pm
    
    Re: Re: Ohshit
    Are you talking about those greedy pieces of shet who run Hollywood and wallstreet? If so, then yes! If not, then you will have your brains splattered all over a sidewalk by a complete psycho for being a dipshet!
    [ link to this | view in chronology ]
- Killion of HFBoards, 26 Oct 2012 @ 10:24pm
  
  Re: Ohshit
  Either you are being sarcastic or you are the biggest f-cking retard ever!
  [ link to this | view in chronology ]
silverscarcat (profile), 17 Jul 2012 @ 2:08pm

Pirate song time!
Yar har! Fiddle Dee Dee!

Even Obama's a Pirate you see!

Do what you want! A pirate is free!

Even Obama is a pirate!
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 3:57pm
  
  Re: Pirate song time!
  See!
  [ link to this | view in chronology ]
- Anonymous Coward, 18 Jul 2012 @ 2:30am
  
  Re: Pirate song time!
  I thought he was a Kenyan Socialist Muslim with a bigoted Christian Pastor who wants to make everyone marry gay.
  [ link to this | view in chronology ]
Dark Helmet (profile), 17 Jul 2012 @ 2:12pm

Facepalm!
Attention idiotic music label: nothing could scream "you took down the Romney ad for political reasons" more than you pretending not to by then later going around multiplying takedowns.

Idiots....
[ link to this | view in chronology ]
- :Lobo Santo (profile), 17 Jul 2012 @ 2:23pm
  
  Re: Facepalm!
  It's like the execs went to the lawyers and said "How we look like more of an asshat to the whole world?"
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 3:07pm
    
    Re: Re: Facepalm!
    Hey, at least they went to the right people.
    [ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 5:48pm
  
  Re: Facepalm!
  I'm pretty sure Obama wants them all taken down anyway so win! Win!
  [ link to this | view in chronology ]
Rikuo (profile), 17 Jul 2012 @ 2:15pm

Did this actually happen? Someone talked to BMG's lawyers, said that only targeting the one video made BMG look bad, and the response...was to target everyone else? Did the lawyers seriously think that firing millions of DMCA notices would automagically make BMG look good to the world?
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 5:49pm
  
  Re:
  They bill by the hour so of course they thought more billable work was a good idea.
  [ link to this | view in chronology ]
E. Zachary Knight (profile), 17 Jul 2012 @ 2:23pm

What really makes this worse, is that the takedown of the Romney video was a DMCA takedown while these others are mere region blocks. Seriously. If you are going to dig yourself a nice hole, at least be willing to go all in and use a backhoe.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 2:27pm

It's the Carreon Effect! In action!
[ link to this | view in chronology ]
drew (profile), 17 Jul 2012 @ 2:34pm

Today's Fuckwith of the Day award...
...goes to BMG Rights Management!
Let's all give them a big round of applause now.
[ link to this | view in chronology ]
- drew (profile), 17 Jul 2012 @ 2:34pm
  
  Re: Today's Fuckwit of the Day award...
  Fuckwit! I meant Fuckwit!
  
  awww, fuck.
  [ link to this | view in chronology ]
  - Almost Anonymous (profile), 17 Jul 2012 @ 4:00pm
    
    Re: Re: Today's Fuckwit of the Day award...
    There there, it's actually pretty funny either way!
    [ link to this | view in chronology ]
- SujaOfJauhnral (profile), 17 Jul 2012 @ 2:37pm
  
  Re: Today's Fuckwith of the Day award...
  So BMG Rights Management wants to fuck with Obama?
  
  Hmm... Considering all they've done today, I say they do deserve an award.
  [ link to this | view in chronology ]
Dave (profile), 17 Jul 2012 @ 2:34pm

This is payback
If the Associated Press is allowed to issue takedown notices on blog posts that quote a couple lines from an AP article, why shouldn't BMG issue a takedown notice on an AP video that features 9 seconds of a song whose rights they own?

IT WAS GOOD FOR THE GOOSE, WASN'T IT, AP?

/sigh
[ link to this | view in chronology ]
- Dave (profile), 17 Jul 2012 @ 2:35pm
  
  [citation needed]
  http://en.wikinews.org/wiki/Associated_Press_goes_after_bloggers_for_copyright_violation
  [ link to this | view in chronology ]
- SujaOfJauhnral (profile), 17 Jul 2012 @ 2:40pm
  
  Re: This is payback
  Don't you know? http://mimiandeunice.com/wp-content/uploads/2011/07/ME_421_FairlyUseless.png
  [ link to this | view in chronology ]
ken (profile), 17 Jul 2012 @ 2:38pm

BMG Digs Deeper
Instead of admitting their mistake they are now covering their tracks to make this look like it was not politically motivated. It isn't working.

If I was Al Green I would be incensed. For older artists having your music on Youtube is essential to keep your songs from being forgotten since the labels tend to dump old artists to make way for new music where profits are higher.
[ link to this | view in chronology ]
- SujaOfJauhnral (profile), 17 Jul 2012 @ 2:44pm
  
  Re: BMG Digs Deeper
  For older artists having your music on Youtube is essential to keep your songs from being forgotten since the labels tend to dump old artists to make way for new music where profits are higher.
  
  This is true of Tangerine Dream, I have read from one of them that there are more of their songs available on YouTube than they actually have anymore. From what I understand some of the labels that owned them destroyed alot of their master copies.
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 6:58pm
    
    Re: Re: BMG Digs Deeper
    "From what I understand some of the labels that owned them destroyed alot of their master copies..."
    
    That is true crime. Where's the outrage over such as this?
    [ link to this | view in chronology ]
This comment has been flagged by the community. Click here to show it

Anonymous Coward, 17 Jul 2012 @ 2:42pm

Even President Obama is a pirate? LOL! Pirate Mike. You're too much. Did the President upload the clip to YouTube? Did the President even make the clip to begin with? How is the President a pirate? I know that would be your dream come true, and I'm not surprised you're so anxious to announce it in your headline ("Piracy getting legitimized, one headline at a time--Techdirt!" You can use that.), but give me a break. Exaggerate much?
[ link to this | view in chronology ]
- SujaOfJauhnral (profile), 17 Jul 2012 @ 2:47pm
  
  Re:
  Pirate Mike.
  
  Can I be Pirate Suja??
  [ link to this | view in chronology ]
  - SujaOfJauhnral (profile), 17 Jul 2012 @ 2:49pm
    
    Re: Re:
    It's gonna be like a monastery, 'cept instead of calling eachother 'brother' or 'sister' you just call them 'Pirate'. "Hey Pirate Mike how's it going?"
    [ link to this | view in chronology ]
    - Anonymous Coward, 17 Jul 2012 @ 3:10pm
      
      Re: Re: Re:
      "Hi pirate anonymous coward, did you see pirate anonymous coward? She has gotten SO fat!"
      [ link to this | view in chronology ]
      - silverscarcat (profile), 17 Jul 2012 @ 3:45pm
        
        Re: Re: Re: Re:
        "This is pirate SilverScarCat reporting in! I have the cannons all ready to go! We can begin the raid on the RIAA offices immediately!"
        [ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 3:46pm
  
  Re:
  It's not like the IP cartels care who uploaded what. They sue first and ask questions later.
  [ link to this | view in chronology ]
- Mike Masnick (profile), 17 Jul 2012 @ 3:51pm
  
  Re:
  Even President Obama is a pirate? LOL! Pirate Mike. You're too much. Did the President upload the clip to YouTube? Did the President even make the clip to begin with? How is the President a pirate? I know that would be your dream come true, and I'm not surprised you're so anxious to announce it in your headline ("Piracy getting legitimized, one headline at a time--Techdirt!" You can use that.), but give me a break. Exaggerate much?
  
  I always did wonder if there's a procedure to have your sense of humor surgically removed, and I'm glad that you've confirmed that it's possible, and it works. I'm only left with one question: how much did it cost?
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 5:14pm
    
    Re: Re:
    Awww, Mikey. One day your dream will come true. The President will be a pirate, he Supreme Court will declare all copyright law unconstitutional, and Congress will make it a crime for anyone to even claim any property rights in their creations. Yaaaarrrr! Keep up the good fight! You'll get there someday, kiddo.
    [ link to this | view in chronology ]
    - abc gum, 17 Jul 2012 @ 6:20pm
      
      Re: Re: Re:
      Did you not get the memo ?
      Everyone is a bloody pirate.
      [ link to this | view in chronology ]
    - Mike Masnick (profile), 17 Jul 2012 @ 6:25pm
      
      Re: Re: Re:
      I see that with your sense of humor, they appear to have taken out your logic sensors too. You might want to ask for a refund.
      
      Psst: Just once in your life, try to recognize that the strawman you've built up in your head that you think is me... isn't me. It'll make you look less like an idiot.
      [ link to this | view in chronology ]
      - Anonymous Coward, 17 Jul 2012 @ 6:27pm
        
        Re: Re: Re: Re:
        Just so you know, strawman is the lamest superhero name ever.
        
        Not that you're really him or anything.....
        [ link to this | view in chronology ]
        
        Chargone (profile), 17 Jul 2012 @ 8:11pm
        
        Re: Re: Re: Re: Re:
        what would his powers even Be?
        
        the ability to dry out grasses?
        [ link to this | view in chronology ]
        
        The eejit (profile), 18 Jul 2012 @ 1:26am
        
        Re: Re: Re: Re: Re: Re:
        Nope, he scares all the birds away.
        
        But in Strawman's world, all birds are also women. SHOCK! HORROR!
        [ link to this | view in chronology ]
        
        Anonymous Coward, 18 Jul 2012 @ 3:07am
        
        Re: Re: Re: Re: Re: Re: Re:
        Power the strawman could have:
        
        - The power to go up in smoke.
        - The power to burn to the ground.
        - The power to hypnotize people at the Burning Man Festival.
        - Produce intense heat.
        
        Now here is the challenge, it is finding a way to make something funny about those in a legal context.
        
        This reminds me of Smooky the Bear, for some reason.
        [ link to this | view in chronology ]
    - Anonymous Coward, 17 Jul 2012 @ 6:28pm
      
      Re: Re: Re:
      You just went full retard, you never go full retard.
      
      Well, obviously YOU do, but it's juist bad policy
      [ link to this | view in chronology ]
    - Ninja (profile), 18 Jul 2012 @ 4:12am
      
      Re: Re: Re:
      wow.. Mike is officially disdaining you and making fun in the process. It's about time you lived to your threats (to leave Techdirt and never get into the site again) ;))
      [ link to this | view in chronology ]
- Beech, 17 Jul 2012 @ 5:10pm
  
  Re:
  What the hell, I'll feed the troll. The President is a pirate because he did not honor the original artist's performance rights. Did Pirate Barrack pay the ASCAP fees for his venue? No? Then he is trying to make COMMERCIAL ADVANTAGE* of someone else's backbreakingly hard labor!
  
  *Not sure how it's commercial advantage, but anyone else caught by BMG singing in public would certainly be accused of it.
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 5:27pm
    
    Re: Re:
    Well, assuming the copyright claim is for the underlying work, then the venue probably paid the ASCAP fees and it wasn't infringement for Obama to perform the song.
    [ link to this | view in chronology ]
    - Beech, 17 Jul 2012 @ 5:48pm
      
      Re: Re: Re:
      Could be. Haven't watched the vid, due to it being blocked at all, but I would just assume that Obama wasn't giving his campaign speeches at your typical concert venues which would usually be the ones paying those fees. That being said, I guess there's no way to tell for sure where exactly Obama was when he sang the offending song, and whether that place was up to date on the ASCAP bill. So I guess we'll have to settle with saying Obama MAY be a filthy pirate.
      [ link to this | view in chronology ]
    - Anonymous Coward, 18 Jul 2012 @ 12:25am
      
      Re: Re: Re:
      Did it paid the sync rights too?
      Territorial rights?
      Performance rights for more than one public performance?
      [ link to this | view in chronology ]
  - Dave (profile), 17 Jul 2012 @ 6:50pm
    
    Obama isn't the pirate. Associated Press is.
    Actually, Obama sang Let's Stay Together at the Apollo Theater, which is fully licensed with ASCAP, and therefore, it was perfectly legal for Obama to sing that song in that venue.
    
    What BMG is claiming is NOT legal is for anyone to use a recording of that song in a YouTube video. And that appears to cover a recording of ANYONE singing that song, be it the President of the United States or that Anonymous Coward. (Or me, but I struggle to hit that high A, so I tend to sing "Love and Happiness" instead.)
    
    Therefore, President Obama is NOT the pirate. So who ARE the pirates? Associated Press , CBS News, ABC News, The Young Turks, and whatever SuperPAC made that Romney ad. Those first three are large media conglomerates, all of whom have demonstrated great eagerness to sue anyone who "illegally" distributes their "intellectual property". They've all been labeled pirates. And I guarantee you they won't do a damn thing to fight this, because they want to make sure they have the right to shut down and/or sue anyone re-enacting 9 seconds of their crap, too.
    
    This is the world we live in.
    [ link to this | view in chronology ]
    - Sad Mac, 17 Jul 2012 @ 7:11pm
      
      Re: Obama isn't the pirate. Associated Press is.
      Not sure you are quite getting it. It's not whether or not he's a pirate, it's the fact that this got censored when it should not have. It makes Obama look like a victim at first until you read his YouTube page is no longer viewable by US residents.
      [ link to this | view in chronology ]
  - Anonymous Coward, 18 Jul 2012 @ 7:00am
    
    Re: Re:
    Sometimes it becomes hard to tell big content from the middle east's islamonazis
    [ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 5:59pm
  
  Re:
  Didn't he perform the song in public? Or are you denying that Obama performed the song? Did he pay for the rights?
  
  PIRATE! He deprived the copyright owner of royalties.
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 7:01pm
    
    Re: Re:
    Proof please.
    [ link to this | view in chronology ]
mematematica (profile), 17 Jul 2012 @ 3:01pm

The Associated Press video is viewable from a German IP at the moment.
[ link to this | view in chronology ]
Makoto (profile), 17 Jul 2012 @ 3:05pm

I'm not sure why I was initially OK with Romney's video being taken down, but instantly angered over Obama's video being taken down. It may have to do with the fact that it's literally nine seconds of playback, or it's due to the fact that I don't watch Romney campaign videos...hmm.

I hope this becomes a major election issue. It's pretty obvious that copyright is being straight-up abused, and nothing really will change until it inconveniences people in power. Well, here's the inconvenience - let's see the change.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 3:09pm

Shamelessly stolen from a commenter on another site
( This one's for the older folks in the audience... )

�

Q: You know what was really on the mysterious 18-1/2 minute gap in Presient Nixon's tape?

A: The president was singing a copyrighted song!

�
[ link to this | view in chronology ]
- GMacGuffin (profile), 17 Jul 2012 @ 3:43pm
  
  Re: Shamelessly stolen from a commenter on another site
  Good steal.
  [ link to this | view in chronology ]
- silverscarcat (profile), 17 Jul 2012 @ 3:46pm
  
  Re: Shamelessly stolen from a commenter on another site
  But did he do it in the shower?
  [ link to this | view in chronology ]
- Atkray (profile), 17 Jul 2012 @ 3:55pm
  
  Re: Shamelessly stolen from a commenter on another site
  The live version of Free Bird?
  [ link to this | view in chronology ]
- Anonymous Coward, 18 Jul 2012 @ 12:26am
  
  Re: Shamelessly stolen from a commenter on another site
  How many songs have a duration of 18 minutes?
  [ link to this | view in chronology ]
  - Anonymous Coward, 18 Jul 2012 @ 2:34am
    
    Re: Re: Shamelessly stolen from a commenter on another site
    I've got a song that'll get on your nerves, get on your nerves ......
    [ link to this | view in chronology ]
- Anonymous Coward, 18 Jul 2012 @ 12:27am
  
  Re: Shamelessly stolen from a commenter on another site
  Oh I know it was a soap opera wasn't it?
  [ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 3:17pm

100% boycott damnit!
Starve these evil lowlifes to death. Stop watching idiot-vision, turn off the background noise box and take your fat lazy offspring for a walk instead of zoning out in front of a screen, you lazy sob's!

You're your own worst enemies!

Al fucking who? I don't give a shit if it's his label that's evil. They're lowlife assholes and he signed with them - not me.

Fuck them both.
[ link to this | view in chronology ]
- Makoto (profile), 17 Jul 2012 @ 3:23pm
  
  Re: 100% boycott damnit!
  Strictly speaking, you'd want to head out for the walk too right about now. No sense in spending time complaining about takedowns; there's beautiful, beautiful sunshine to soak in!
  
  As for Al Green signing with the label: That's kind of how it was back then. There wasn't really another way to get your music out there. I can't fault the guy for signing with the group...but I can fault the group for their abuse of the DMCA and copyright law.
  [ link to this | view in chronology ]
- benjamin roberts, 17 Jul 2012 @ 4:25pm
  
  Re: 100% boycott damnit!
  Really?
  [ link to this | view in chronology ]
ken (profile), 17 Jul 2012 @ 3:19pm

SonyBMG United States Phone Number.
Call SonyBMG and ask them to put the videos back on for both Mitt Romney And Barack Obama 212 833 8000 9a - 7p EDT.
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 5:55pm
  
  Re: SonyBMG United States Phone Number.
  It isn't Sony BMG issuing the take-down. The record company doesn't own the copyright to the song, the publisher does.
  
  The owner of the song copyright can request any unlicensed sync be taken down for any reason.
  
  It could be that that AL GREEN saw the Romney ad, and asked his publisher to issue the takedown. And it's his prerogative to do so.
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 7:04pm
    
    Re: Re: SonyBMG United States Phone Number.
    A few words:
    
    Proof
    
    and
    
    Fair Usage.
    
    I know such as yourself hate both, but the land of reality beckons.
    [ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 3:20pm

considering the backing he gives to the entertainment industries, this couldn't happen to a more deserving person, at a better time, with a better example. i know it wont make any difference. he is too thick skinned to admit to those industries having too much influence over 'copyright' and the backing being wrong, but we live in hope (and pipe dreams)
[ link to this | view in chronology ]
letherial (profile), 17 Jul 2012 @ 3:32pm

a president that a slave to the media company or a president that is a slave to the financial institutions....What a horrible decision, still, you cant get much worse then banks anymore, even the RIAA didnt destroy the world economy.
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 6:29pm
  
  Re:
  only because they are not in a position to
  [ link to this | view in chronology ]
fjpoblam, 17 Jul 2012 @ 3:37pm

Does the BMG need to censor itself?
Is use of that takedown text considered "Fair Use"? Seems to me it was copied from the Romney URL and downloaded to the Obama URL. Not very original.
[ link to this | view in chronology ]
Anonymous Coward of Esteemed Trolling (profile), 17 Jul 2012 @ 3:41pm

I----, I'm so in love with you
Coolest politician that eva' existed... existed while Obama sang that.

RomneyBot-2000 will have to process pie to the googleplex digit, to be half as cool.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 3:44pm

"Not available in your region". Hey, welcome to the club! This has lately been a recurring theme on the Internet.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 3:54pm

See, copyright can not be used to censor speech. What are you feetards always complaining about?
[ link to this | view in chronology ]
jakerome (profile), 17 Jul 2012 @ 3:55pm

The real question...
Why are we allowing a multinational conglomerate with ties to Nazi propaganda censor American political videos?
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 4:12pm

I have a copyright on the specific wording used in the takedown notice. I am issuing a takedown of the takedown.
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 4:19pm
  
  Re:
  And I own the copyright on the notice you sent so I issued a takedown of your takedown of their takedown
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 7:32pm
    
    Re: Re:
    Yo dawg, I herd you like takedowns so I issued a takedown on your takedown so you can takedown while you takedown.
    [ link to this | view in chronology ]
matthias, 17 Jul 2012 @ 4:29pm

Still not available in the US? At the moment, both videos are available in Germany - even the one that has been blocked due to BMG's copyright claim... Strange.
But it's nice to know that there are videos available here that are blocked in other countries, never thought this could happen.
Oh, and your president really is a good singer ;-)
[ link to this | view in chronology ]
- Anonymous Coward, 18 Jul 2012 @ 2:36am
  
  Re:
  "Oh, and your president really is a good singer"
  
  I have to agree, of the most recent murderous US presidents, this one is definitely the most presentable.
  [ link to this | view in chronology ]
jakerome (profile), 17 Jul 2012 @ 4:32pm

Ars Technica & other sites still don't get the DMCA
Left this on the Ars article. Mostly it's a good article, but nearly every tech apart from Techdirt continues to make this same error. It's a fine distinction, but a distinction nonetheless.
-----------------
"The notice-and-takedown procedure requires YouTube to leave an allegedly infringing work offline for at least 10 days."

That, quite simply, is false. On a few levels. First of all, YouTube has special deals with the RIAA & MPAA that don't even require them to go through the DMCA process. Second, the DMCA requires YouTube to take down the video OR expose themselves to liability. An idiot in a hurry could've taken one look at the video and made the determination that there was no infringement, therefore no copyright claim, therefore no liability, therefore no reason to take it down.

But in this instance, YouTube is acting as a spineless. Yes, the DMCA allows & even encourages the censoring of speech (political or otherwise) for vindictive purposes under the guise of copyright law and the DMCA needs to be updated to reflect all that we've learned in the past 1.5 decades. But no, the DMCA does NOT require YouTube to take down every video that has had a copyright notice filed against it. That's a misconception most people have, and great tech sites like Ars that repeat it so glibly have only reinforced this incorrect assessment of the law. I hope you can correct the article & avoid making this mistake in the future.

http://arstechnica.com/tech-policy/2012/07/yes-video-of-obama-belting-out-im-so-in-love-with-you -is-fair-use
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 4:42pm
  
  Re: Ars Technica & other sites still don't get the DMCA
  
  "The notice-and-takedown procedure requires YouTube to leave an allegedly infringing work offline for at least 10 days."
  
  That, quite simply, is false.
  
  Does it really matter anymore whether it's exactly true�or precisely false?
  
  It's an idea that seems to have become embedded into people's beliefs. Once that happens, the meme spreads to lawyers. And from lawyers the meme spreads to judges. The judges write their opinions with that belief. And it becomes the law.
  
  In a short time, the original words of the statute don't really matter anymore: The culture accepts the necessity of 10 days of censorship�even for core political speech.
  [ link to this | view in chronology ]
  - jakerome (profile), 17 Jul 2012 @ 4:59pm
    
    Re: Re: Ars Technica & other sites still don't get the DMCA
    I'm looking for the "sad but true" button.
    [ link to this | view in chronology ]
    - Anonymous Coward, 17 Jul 2012 @ 5:13pm
      
      Re: Re: Re: Ars Technica & other sites still don't get the DMCA
      I'm looking for the "sad but true" button.
      
      Then I'll hit you with an even sadder truth.
      
      The vast majority of the American public will never even become conscious of the argument here or over at Ars.
      
      That is, most people won't hear about any fair use controversy. Instead, if they hear about the takedown at all �read about in mainstream news� �catch a five second comment on TV� they'll hear that not even presidential candidates can get away with violating copyright. And that's it. The entire message that will spread to the larger population is that Obama's use was an infringement. Romney's use was an infringement. That's the only message they'll ever get from this story. If they hear about it at all.
      
      You can't even copy nine seconds of a copyrighted song. Not even one line.
      
      Not for news. Not for political speech. Not for nothing. Not even nine seconds. Not even one line. It's owned, you see.
      
      And the public will accept that. They don't really have any choice.
      [ link to this | view in chronology ]
      - Anonymous Coward, 18 Jul 2012 @ 12:28am
        
        Re: Re: Re: Re: Ars Technica &amp; other sites still don't get the DMCA
        That is ok because then people start looking for open free legal alternatives.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 18 Jul 2012 @ 2:37am
        
        Re: Re: Re: Re: Re: Ars Technica &amp; other sites still don't get the DMCA
        OOOh yeah, an open source president.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 18 Jul 2012 @ 3:11am
        
        Re: Re: Re: Re: Re: Re: Ars Technica &amp;amp; other sites still don't get the DMCA
        No need for an open source president we just need an open source government, the instant some agency starts going south people just fork that and create a new one with a new direction LoL
        [ link to this | view in chronology ]
        
        Anonymous Coward, 18 Jul 2012 @ 4:48am
        
        Re: Re: Re: Re: Re: Re: Ars Technica &amp; other sites still don't get the DMCA
        Gits or GTFO
        [ link to this | view in chronology ]
gorehound (profile), 17 Jul 2012 @ 5:41pm

We are all Pirates !
We are Many.
We are Legion.
And We also Run For Elections.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 6:09pm

The use of a song in a video is a sync right. There is no statutory sync. A copyright owner (the publisher of the song, not a record company, who would own the original recording) can request a takedown for whatever reason they want.

Songwriters ask politicians not to use their work all the time.

It doesn't appear that the Romney campaign has a fair use argument to stand on here, since they DIDN'T EVEN CREATE THE COVER VERSION.

Perhaps the doubling down was just to be thorough. I doubt Al Green or the song's publisher cares about the original, they probably just don't want Romney to use it in an attach ad.

And good for them.
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jul 2012 @ 6:29pm
  
  Re:
  "It doesn't appear that the Romney campaign has a fair use argument to stand on here, since they DIDN'T EVEN CREATE THE COVER VERSION."
  
  And?
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jul 2012 @ 7:02pm
    
    Re: Re:
    
    "It doesn't appear that the Romney campaign has a fair use argument to stand on here, since they DIDN'T EVEN CREATE THE COVER VERSION."
    
    And?
    
    And, in Eldred, remember when Justice Ginsburg wrote:
    
    In addition to spurring the creation and publication of new expression, copyright law contains built-in First Amendment accommodations.
    
    Well, Justice Ginsburg wrote that, but she was lying.
    
    And she went on to write:
    [T]he �fair use� defense allows the public to use not only facts and ideas contained in a copyrighted work, but also expression itself in certain circumstances.
    As we see with these takedowns, it just ain't so. It doesn't really work that way.
    
    And Justice Ginsburg concluded:
    We recognize that the D. C. Circuit spoke too broadly when it declared copyrights �categorically immune from challenges under the First Amendment.�
    
    But the D.C. Circuit had it right, and Justice Ginsburg knew it.
    
    In actual practice, the �fair use� defense is shit.
    
    Middle of a political campaign in a presidential season, and we see the censorship. News about the President is news. Yet it gets censored. Political commentary criticising the president is core political speech. Yet Mr Romney's video gets taken down. Censored.
    
    Justice Ginsburg is a liar: � Copyright runs roughshod over the first amendment.
    
    That's the �And�.
    [ link to this | view in chronology ]
A Guy (profile), 17 Jul 2012 @ 6:55pm

Streisand Effect
Maybe we did this to ourselves by calling attention to it.
[ link to this | view in chronology ]
Wally (profile), 17 Jul 2012 @ 7:07pm

Revenge
Maybe this is the "revenge" that was vowed upon Congress and the Obama Administration.

It could also be Obama was involved with the takedown and given the first takedown notices indicate the video was infact taken down by the very man who "stood against" SOPA. This makes Obama even worse for sensoring out his human side.

An idea I am getting is that Obama really posted the videos and VP Joe Biden, with his connections to the MPAA and RIAA, decided that it would look bad for for his future in the Whitehouse. Biden has also been known to take bribes.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 8:06pm

Politically-motivated takedown
An anti-Obama ad taken down by the very industry the Obama administration has staunchly supported in the past? Does nobody see corruption here?
[ link to this | view in chronology ]
Anonymous Coward, 17 Jul 2012 @ 8:29pm

It is very clear that BMG needs to bring a copyright Infringement lawsuit against Obahma immediately.
[ link to this | view in chronology ]
Tom Anderson, 17 Jul 2012 @ 8:34pm

The videos are both available to me...
[ link to this | view in chronology ]
Steve, 18 Jul 2012 @ 4:59am

Gonna be looking dumb here but.........
Who is it politically motivated for/against, not from usa so not really sure here?
Thanks.
[ link to this | view in chronology ]
- Anonymous Coward, 18 Jul 2012 @ 5:16am
  
  Re: Gonna be looking dumb here but.........
  If it was politically motivated (which remains in question.... it might have just been commerically/copyright motivated), it was BMG playing politics against Romney, the challenger. They used the DMCA to remove a political ad his team ran.
  
  It quickly became obvious to them that they looked like total partisan hacks by doing this, so they tried to fix it by going asshat on both parties and DMCA-ing the original clip (featuring Obama) that the Romney camp used to make the political ad.
  [ link to this | view in chronology ]
lhblotto (profile), 18 Jul 2012 @ 8:04am

ringtone
The obama campaign had the audio available as a free ringtone download for awhile...BMG needs to bust 'em and everybody who downloaded! Call David Lowery! It's stealing!
[ link to this | view in chronology ]
- Gwiz (profile), 18 Jul 2012 @ 8:29am
  
  Re: ringtone
  Call David Lowery!
  
  Shhhhh. The guy is like Beetlejuice. The next thing you know he'll be all over the comments here spamming links to that silly Trichordist site.
  
  Oh and check out the Trichordist Quantcast stats. It looks like Lowery's 15 minutes of Internet fame has come and gone.
  [ link to this | view in chronology ]
MsFjordstone, 18 Jul 2012 @ 8:24am

Your title is an incorrect assumption
President Obama sang the snippet live at the Apollo Theater, which absolutely has an ASCAP license covering live performance. The news orgs who broadcast the event also have licenses covering their ephemeral use of copyrighted works. Probably even the White House has an ASCAP license. The "pirates" (I would simply call them infringers) are the non-news organizations who posted the clip on YouTube, not the President.
[ link to this | view in chronology ]
FUCK, 18 Jul 2012 @ 10:12am

Fuck BMG
Fuck BMG
[ link to this | view in chronology ]
FUCK, 18 Jul 2012 @ 10:19am

This makes no good business sense
If its illegal to sing someone else's song and post it or have it posted where it would be seen and heard by thousands of people although for no commercial take and the host of that sight or page makes advertising income from it and benefits financially the more that page is viewed, then it makes more sense for entities such as bmg to go after that money, rather that issue these fucking take down notices.. DUH
[ link to this | view in chronology ]