Viral Video Of 9-Year-Old Girl Football Star... Taken Down Because Of Music

from the now-back-with-awful-music dept

If you follow the "hot viral video of the week" you probably have seen or heard about Sam Gordon, the 9-year-old girl who is pretty damn good at football, (the American kind for all you foreigners), as shown in an impressive highlight reel her father put together:
As tends to happen with these sorts of things, Sam was everywhere this week, with all sorts of press coverage including appearances on morning TV shows and such.

Just one problem. The original video had all sorts of famous songs in it:
Without the music in that video — Jane’s Addiction covering The Doors’ “LA Woman” and The Germs’ “Lexicon Devil” (as part of a medley) and the Beastie Boys’ “Soul Fire” (also in a sense a cover) — this video wouldn’t be nearly as effective, and thus not as viral. Her father Brent Gordon, who originally uploaded the video, chose these songs because they are exactly what this video needs. As any Hollywood director knows, pairing the right music with any video makes it way more effective.

Normally, the Beastie Boys, Jane’s Addiction, The Germs, and The Doors could choose to get paid when a video with their music goes viral like this. But that does not appear to be the case here, at this point anyway.
Sure enough, soon after people started pointing that out -- and even though the video had something like 2 million views lined up already, it went down due to a copyright claim. It looks like ContentID showed up late, because the "takedown" mentions a bunch of possible copyright holders, without saying who made the final call:
After all that, Sam's father, Brent changed the music to something that wouldn't get pulled down -- though people are already complaining that the new music is "lame."
We’re pleased to see that the video is online, because that Sam Gordon is a sight to behold, with amazing moves and no small amount of moxie, which is the main reason people liked the video so much. But it’s a shame that the music is now so bad that we couldn’t even make it through one viewing without muting it. With the other soundtrack, I ended up watching it five times in a row.

And thus it was proven for the umpteenth time that A) The right music makes all the difference in a video, and B) Copyright, while necessary, tends to rain on parades, especially when multiple rights-holders get involved.
Of course, depending on your general position in this debate, you can make one of two arguments here. The copyright hardliners will say that this proves the importance of good music and that Gordon should have paid up in the first place. Those who find problems with today's copyright system will note that it's not like your average person is going to even be able to license, let alone want to pay for, songs to stick on a video like this (especially without knowing that it's about to go crazy viral). The music industry could make this easier with a simple database / store option ("want this song for your non-commercial video? $1 -- click here to buy the license") but they don't seem to want to do that. So, instead, we get this situation where no one wins. The video has crappy music. The good music providers don't get paid. How is that a good solution?
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Filed Under: contentid, copyright, sam gordon, viral videos


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  • icon
    Zakida Paul (profile), 9 Nov 2012 @ 8:38am

    One small correction

    American 'Football' ain't football, it is a softie, nancy boy version of rugby.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 9 Nov 2012 @ 8:48am

      Re: One small correction

      European 'Rugby' ain't rugby, it is a softie, nancy boy version of wrestling.

      link to this | view in chronology ]

      • identicon
        Michael, 9 Nov 2012 @ 8:56am

        Re: Re: One small correction

        wrestling ain't wrestling. It's a slightly less homo-erotic version of naked Greeks rolling around with each other to honor Zeus.

        link to this | view in chronology ]

      • icon
        Dark Helmet (profile), 9 Nov 2012 @ 8:57am

        Re: Re: One small correction

        Wrestling ain't wrestling, it's a softie, nancy boy version of Rochambeau....

        link to this | view in chronology ]

        • icon
          The Infamous Joe (profile), 9 Nov 2012 @ 9:02am

          Re: Re: Re: One small correction

          Rochambeau ain't a good punishment, it's a softie, nancy boy version of choosing to die.

          link to this | view in chronology ]

          • icon
            Rapnel (profile), 9 Nov 2012 @ 9:41am

            Re: Re: Re: Re: One small correction

            Finally! Somebody chose death.

            link to this | view in chronology ]

            • identicon
              Anonymous Coward, 9 Nov 2012 @ 9:57am

              Re: Re: Re: Re: Re: One small correction

              Well, they were all out of cake.

              link to this | view in chronology ]

              • icon
                egghead (profile), 9 Nov 2012 @ 10:29am

                Re: Re: Re: Re: Re: Re: One small correction

                Then, I'll have the chicken!

                link to this | view in chronology ]

                • identicon
                  YoMomma, 9 Nov 2012 @ 11:52am

                  Re: Re: Re: Re: Re: Re: Re: One small correction

                  Chicken, Cake, Death, Ruby, Football is nothing compared to the girlie game of cricket. Get a life people and go on a date!

                  link to this | view in chronology ]

    • icon
      PaulT (profile), 10 Nov 2012 @ 9:03am

      Re: One small correction

      Call me crazy, but I always thought that the sport that should be called football would be the one where you, you know, use your feet? A game where half of the game involves picking it up and carrying it doesn't count in my book. Especially one where you stand and wait around after every attempt to move up the field!

      Luckily, I don't give a crap about either game :)

      link to this | view in chronology ]

    • icon
      Bergman (profile), 12 Nov 2017 @ 7:29am

      Re: One small correction

      If you hit people while playing rugby as hard as American football players routinely hit each other, there would be fatalities.

      Even attempting to do so can get you ejected from a rugby match for being too rough. A yellow card in rugby is a normal football play. A rugby red card will result in football play being halted to check for injuries, but then play resumes.

      So no, American football isn't nancy boy rugby, rugby is nancy boy American football where people are too afraid of hurting each other to get properly into the game.

      link to this | view in chronology ]

  • icon
    Devils_Advocate (profile), 9 Nov 2012 @ 8:54am

    Would a license have prevented the takedown?

    With all the automated takedown crap in play, I believe that even if the songs were licensed, the video still wouldn't have been left up.

    link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    out_of_the_blue, 9 Nov 2012 @ 8:54am

    "How is that a good solution?"

    First, you probably mean "system" or "situation", because you definitely don't regard it as "solved". -- Or at least I've no hopes that you'll cease your tilting at windmills.

    Now, it IS a good situation for society because more or less prevents talentless hacks (or uselessly talented sports players) from too much leveraging off the work of others. It's not difficult to make a video of your own dull or stupid actions and yet have it be "hit" primarily because of someone else's work.

    And "someone else's work" is the basis of copyright: to more or less suppress unearned grifting, to try and make it so that the rewards properly go to those who put in the time and money.

    link to this | view in chronology ]

    • icon
      The Infamous Joe (profile), 9 Nov 2012 @ 8:57am

      Re: "How is that a good solution?"

      Are you referring to the 9 year old girl as a talentless sports player? Do you even know what we're talking about?

      link to this | view in chronology ]

      • icon
        Dark Helmet (profile), 9 Nov 2012 @ 8:59am

        Re: Re: "How is that a good solution?"

        The levels to which OTB can demean another person for what they choose to do in life are astounding. I've yet to meet someone so filled with disdain for a vast majority of people. It's actually quite sad....

        link to this | view in chronology ]

    • This comment has been flagged by the community. Click here to show it
      identicon
      out_of_the_blue, 9 Nov 2012 @ 9:02am

      Re: "How is that a good solution?"

      PS: Mike is using the "sad plight" of a 9-year old girl for emotional ploy here, but don't forget, you pirates, that "Kim Dotcom" of Megaupload has gotten millions of dollars for essentially the same leveraging of someone else's work! So while the essential principle makes saps sigh "awww, what a shame" here, Mike is simply building a case for commercial grifters.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 9 Nov 2012 @ 9:06am

        Re: Re: "How is that a good solution?"

        Pretty sure Kim got his money for providing an amazing service....
        Either as an awesome file locker or a fantastic video platform.

        If he can make millions from that why can't the **AA make money by using a similar format? Oh yeah because they'd make more money if the internet never existed so they'll pretend it doesn't.

        link to this | view in chronology ]

        • identicon
          TroutFishingUSA, 9 Nov 2012 @ 10:30am

          Re: Re: Re: "How is that a good solution?"

          If he can make millions from that why can't the **AA make money by using a similar format?


          Come on, man, you can't be this dense. I highly doubt the total profits from Megaupload would come anywhere close to the amount of money spent to create the content it distributed illegally.

          In case that isn't clear enough: there's only "millions" in the content-give-away game if you're not also footing the bill to create the content being given away.

          link to this | view in chronology ]

          • identicon
            Anonymous Coward, 9 Nov 2012 @ 11:31am

            Re: Re: Re: Re: "How is that a good solution?"

            Other than being taken offline by the US Government, Megaupload has yet to be convicted of any illegal activity.

            People like you are why there is now a guilty until proven innocent system in place

            link to this | view in chronology ]

          • identicon
            Anonymous Coward, 9 Nov 2012 @ 12:12pm

            Re: Re: Re: Re: "How is that a good solution?"

            "In case that isn't clear enough: there's only "millions" in the content-give-away game if you're not also using Hollywood math.

            Fixed that for you.

            link to this | view in chronology ]

          • icon
            techflaws (profile), 9 Nov 2012 @ 10:18pm

            Re: Re: Re: Re: "How is that a good solution?"

            Come on, man, you can't be this dense. I highly doubt any of the charges presented by the US government, those inepts just can't be trusted.

            link to this | view in chronology ]

        • icon
          egghead (profile), 9 Nov 2012 @ 10:32am

          Re: Re: Re: "How is that a good solution?"

          They only think they'd make more money if the internet never existed.

          link to this | view in chronology ]

      • identicon
        Michael, 9 Nov 2012 @ 9:08am

        Re: Re: "How is that a good solution?"

        Sad plight?

        Did you watch the video - no sad plight here. She's friggin' awesome!

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 9 Nov 2012 @ 9:11am

        Re: Re: "How is that a good solution?"

        anasswipesayswhat?

        link to this | view in chronology ]

      • icon
        Chosen Reject (profile), 9 Nov 2012 @ 9:14am

        Re: Re: "How is that a good solution?"

        Did Mike also use the "sad plight" of a 33-year old man for emotional ploy yesterday? Did we all go "awww, what a shame" for that takedown? No, and you knew that.

        link to this | view in chronology ]

      • identicon
        Ruben, 9 Nov 2012 @ 9:36am

        Re: Re: "How is that a good solution?"

        I'm really having trouble understanding why content creators spend all of their time yelling and screaming and stamping their feet when they could expend half the effort making a service people want to use. You know, working with people to figure out what's good and then doing it?

        It's like they're creating their own destiny or something.

        link to this | view in chronology ]

        • icon
          Vincent Clement (profile), 9 Nov 2012 @ 11:46am

          Re: Re: Re: "How is that a good solution?"

          Because they equate the loss of control with the loss of revenue - or least the loss of revenue under the old business model that they had total control over.

          link to this | view in chronology ]

      • icon
        Shadow Dragon (profile), 9 Nov 2012 @ 3:52pm

        Re: Re: "How is that a good solution?"

        Oh finally you brave enough to response,I thought you're some kind of pussy.

        link to this | view in chronology ]

    • icon
      Chosen Reject (profile), 9 Nov 2012 @ 9:02am

      Re: "How is that a good solution?"

      You know what else is "someone else's work"? Everything. Society is. The language you use. That word you like to use so much (grifter) was first used in 1915 according to Merriam-Webster. Just a few years later and maybe you'd have to pay someone to use it. It was someone else's work.

      This website that you are posting on? Someone else's work.
      Your whole stupid shtick? Someone else's work.
      The phrase you use for your moniker? Someone else's work.

      You, sir, are the talentless hack.

      link to this | view in chronology ]

      • icon
        Baldaur Regis (profile), 9 Nov 2012 @ 9:16am

        Re: Re: "How is that a good solution?"

        On behalf of talentless hacks everywhere, I resent your...um...you know...what you said there.

        link to this | view in chronology ]

    • identicon
      Anonymous Coward, 9 Nov 2012 @ 9:17am

      Re: "How is that a good solution?"

      "suppress unearned griftin"
      That would get rid of the collection agencies.

      link to this | view in chronology ]

    • icon
      :Lobo Santo (profile), 9 Nov 2012 @ 9:27am

      Re: "How is that a good solution?"

      Relevant

      Carry on, Sancho, carry on.

      link to this | view in chronology ]

    • identicon
      Milton Freewater, 9 Nov 2012 @ 9:31am

      Re: "How is that a good solution?"

      "First, you probably mean "system" or "situation", because you definitely don't regard it as "solved"."

      so·lu·tion/səˈlo͞oSHən/
      Noun:

      1. A means of solving a problem or dealing with a difficult situation: "there are no easy solutions to financial and marital problems".

      Only you would go out of your way to nitpick about someone else's use of a word and then get the definition wrong.

      "It's not difficult to make a video of your own dull or stupid actions and yet have it be "hit" primarily because of someone else's work."

      The musicians are talentless hacks? That's a little cold, bra. I like the Germs.

      "so that the rewards properly go to those who put in the time and money."

      Offer an example of how, thanks to this takedown, that is happening.

      Not gonna lie - I was hoping to see some kind of substantive argument from the pro-copyright side on this one. Maybe there isn't one. I honestly agreed with the takedown until I read your post.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 9:04am

    [i]...But it’s a shame that the music is now so bad that we couldn’t even make it through one viewing without muting it. With the other soundtrack, I ended up watching it five times in a row.[/i]

    Not just an obnoxious snot-monster, but also a dirty, freeloading pirate hypocrite.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 9:17am

    blocked in canada due to copyright

    cant see what your talking about.....

    link to this | view in chronology ]

    • identicon
      Michael, 9 Nov 2012 @ 9:20am

      Re: blocked in canada due to copyright

      It's actually blocked because it isn't hockey.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 9:27am

    why should anyone have to pay for a license to use music in any non-commercial video anyway? this whole copyright debacle is way out of hand and the various governments are doing nothing to sort the problems out. in fact, they are doing the exact opposite, making things easier for the industries to force take downs, then sue if they want, more difficult for the public to use the stuff (which stops an extra free play for the industries) and really piss people off!!

    link to this | view in chronology ]

    • icon
      orbitalinsertion (profile), 9 Nov 2012 @ 10:16am

      Re:

      It is potentially commercial use because people can potentially make money off the ads displayed when the videos are viewed, plus, Youtube makes money off ads in this manner.

      That's how they play the commercial use angle.

      link to this | view in chronology ]

    • icon
      techflaws (profile), 9 Nov 2012 @ 10:23pm

      Re:

      why should anyone have to pay for a license to use music in any non-commercial video anyway?

      Cue AC jackass now playing "Jane's Addiction - Been Caught Stealing".

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 9:34am

    Aren't there alternative video servers besides these big brother assholes?

    link to this | view in chronology ]

  • icon
    Josef Anvil (profile), 9 Nov 2012 @ 9:43am

    Valid Point

    This may make copyright maximalists quite happy. I actually agree that musicians should get licenses for music on YouTube and similar services.

    With that said, I'm not sure how it should be set other than an arbitrary $.99 (seems like a decent number). The problem with the industry is that it seems to believe that the internet is like TV or Movies and that it's entitled to some insane license for music put on non-commercial video.

    I should add that this music license should not be imposed on videos posted that just happen to have music playing in the background.

    I'm guessing that the reason these licensing deals have always been fees, rather than a percentage of net revenue, is that all the players in the field have similar accounting practices that always show zero profits.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 9 Nov 2012 @ 10:30am

      Re: Valid Point

      "I actually agree that musicians should get licenses for music on YouTube and similar services."

      Non-commercial uses like this video are a perfect example of something that I feel should probably be limited to attribution. People that like the song will probably go look for it, and everyone benefits.

      Licenses should be limited to commercial aspects, such as advertising campaigns, trailers, etc... The lines can get blurry, but I think it should be easy for the courts to create a dividing line.

      link to this | view in chronology ]

  • icon
    gorehound (profile), 9 Nov 2012 @ 10:12am

    I AM SO HATING MAFIAA !
    Fuck their shit up.I am just so sick of reading these Stories of Copyright Assholes picking on little people for no reason at all.
    I have absolutely no sympathy at all for MAFIAA and would love to see some really really bad things happen to them.

    Hope someone makes me a happy person some day.

    link to this | view in chronology ]

    • identicon
      anon, 10 Nov 2012 @ 4:29am

      Re:

      A simple way to get back at them...
      Show everyone you know how to use torrents, encourage them to use it and if they buy a cd or dvd download it immediately and start playing it, that should shock them into torrenting very quickly.
      If you see people you know buying cd's or dvd's just gently laugh and encourage them to change and not spend there money on outdated plastic disc's

      All anyone has to do is get three people to stop buying and very soon there will be no MPAA to attack the average joe for sharing good videos because there is music in the background.

      Every time I read a story like this I do my bit to make sharing more available to everyone I know. Seriously I alone have probably cost the industry at least 40 people that used to buy dvd's and cd's and that is the direct encouragement I am sure they have told friend's who have told friends who have told friends(it feels good getting back at the monopolists). I look at it as my way of boycotting and doing my part to force them to come into the future, which they are fighting with everything they have got.

      link to this | view in chronology ]

  • icon
    Kelly (profile), 9 Nov 2012 @ 10:15am

    It really is sad when a popular video that provides lots of free advertising for artists gets yanked because the studios aren't getting any money for it.

    Seriously, why do non-commercial videos get treated as if they were major commercial endeavors backed by deep pockets? Whatever happened to fair use?

    link to this | view in chronology ]

    • icon
      orbitalinsertion (profile), 9 Nov 2012 @ 10:18am

      Re:

      Fair Use is an argument you make after the fact, in court.

      link to this | view in chronology ]

      • identicon
        Edward Teach, 9 Nov 2012 @ 12:31pm

        Re: Re:

        Aye, mate, more's the pity. You have to admit to infringement before fair use comes into play. This illustrates why fair use should be presumptive rather than a defense.

        link to this | view in chronology ]

    • identicon
      TroutFishingUSA, 9 Nov 2012 @ 10:20am

      Re:

      Define "non-commercial."

      Youtube is most definitely a major commercial endeavor backed by deep pockets.

      I suspect that if the father had just spread the video via email and p2p, it wouldn't have been yanked.

      link to this | view in chronology ]

      • icon
        John Fenderson (profile), 9 Nov 2012 @ 11:32am

        Re: Re:

        Hmmm, last I checked my ISP was a commercial operation and my email handler was a commercial operation. None of that makes what I do with them commercial activities.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 9 Nov 2012 @ 11:41am

        Re: Re:

        Did you know that the email service the father would likely be using is a major commercial endeavor backed by deep pockets?

        link to this | view in chronology ]

  • identicon
    Ed Semeniuk, 9 Nov 2012 @ 10:32am

    Given how fast she runs in the video, Yakkety Sax would be far more appropriate.

    link to this | view in chronology ]

  • icon
    Grover (profile), 9 Nov 2012 @ 10:33am

    Music licensing

    It was back in 2009 that I put together a photo montage of my brother's Boss Hoss that I'd done a lot of metalwork/fabrication on. The two songs I chose to incorporate into that video were perfect for the feel and tempo of it. Unfortunately, as soon as I uploaded it to Youtube, I was met with the message that the music would be muted because of copyright issues. Well, crap. So, I DID NOT UPLOAD IT to Youtube because of that - I just couldn't find any other music that was close to the original two from Youtube's free collection.

    Anyway, almost two years later, while perusing Youtube for Boss Hoss videos, I CAME ACROSS MY OWN VIDEO, WITH THE ORIGINAL TWO SONGS ON IT!!! The information on the video said there was a standard Youtube license applied. While I am happier-n-chit over seeing the video out there, what interests me is how did that happen, and who put it out there? I never uploaded the video!

    Non-commercial use of a song for home-made videos, regardless of whether they're put out there on the web or used for home viewing (as in weddings, funerals,or immortalizing a child's accomplishments), shouldn't be subject to greedy monetizing. Greedy monetizing efforts should be contained within the context of commercialization, period. My two cents.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 11:06am

    Video has now been "pulled by the user".

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 11:36am

    Why can't youtube just mute the video rather than taking the whole thing down?

    Don't the takedown notices have to specify the infringing portion? They can't possibly be claiming infringement on the entire video because of the soundtrack can they?

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 9 Nov 2012 @ 1:20pm

      Re:

      We're dealing with individuals who take down music based on birds singing, of all things.

      There's no reasoning with such people.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 1:52pm

    meh

    So hard to care even a little tiny bit about this.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Nov 2012 @ 2:31pm

    Aren't the bands mentioned all groups that no longer exist anyway?

    link to this | view in chronology ]

  • icon
    KJ (profile), 11 Nov 2012 @ 5:27am

    This isn't football

    That isn't football. It's handegg

    link to this | view in chronology ]


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