Piano Instructor Claims Copyright On Writing Letters On Piano Keys
from the expression-of-a-bad-idea dept
With the general public not being heavily invested in the nuances of copyright, you expect mistakes to be made, but the idea/expression dichotomy is fairly central to the entire copyright endeavor. Given that, I have come to expect anyone who throws around legal threats and/or DMCA notices to at least know what the hell they're talking about. I don't think it's too much to ask someone, who can potentially erase the work of others, to use that power judiciously, yet problems persist. For example, there was the time when two major networks butted heads over the basic concepts of reality television. And it stands to reason that if two major broadcast entities with gobs of lawyers chomping at the proverbial bit can't get the basics right, then you can expect similar problems with individuals.Serving as an example, we have Shawn Cheek, YouTube piano teacher, who has claimed copyright on a teaching method consisting of writing out the letters for notes on their associated piano keys. Beyond just his laughably annoying claim, he's apparently been going on the offensive against other YouTube piano teachers.
He has apparently convinced Mark de Heide, the 23-year-old creator of PGN Piano lessons, to take down all of his videos that display the letters of notes above the keyboard (e.g. a visual display of "C, D, E, C," for frere jacques). Mark took the bait, and stated in a video he's removed all of his YouTube lesson videos that contain the fundamental piano practice technique. He also worried about YouTube taking action over the lessons he recording [sic] teaching pop hits.It's bad enough when legitimate copyrights are used to hinder broad instructional methods and information, but when the claim is blatantly one that cannot be copyrighted, it's down right infuriating. Cheek is reported to have a series of DVDs using this "innovative," write-stuff-on-the-keys method -- and those DVDs, i.e. the actual expression, certainly can be copyrighted, but the teaching method is an idea. It can't be copyrighted. Yet now, thanks to the aggressive ownership culture that has resulted from a reaching and complex copyright law, all of de Heide's videos have been removed. He isn't even challenging their removal. Why? Well, because he doesn't really know how copyright works either, but he does know that he's afraid of the legal repercussions that might result. Those videos, by the way, had millions of views and were quite popular. It's very likely that de Heide was making his living in part from those videos.
The only encouraging part of this story is the YouTube comments to de Heide, in which commenters actually displayed a decent knowledge of the idea/expression dichotomy. For instance, one user stated:
"What Shawn has protected is the recordings of his performance (in other words the recordings of Shawn instructing people how to play songs in his DVDS and etc.). You would infringe his copyright by making, copying, uploading, distributing, or many [sic] available copies of his recordings to the public without his permission. I recommend you discuss the following discussion points with your lawyer."If the ultimate result of aggressive and misused intellectual property laws is a better informed public that not only knows the law, but also can recognize its intrinsic abuses, then so much the better. Until that pivotal point is reached, however, we'll have to hear about piano teachers not being able to write letters on keys.
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: copyright, idea expression dichotomy, mark de heide, piano lessons, shawn cheek
Reader Comments
Subscribe: RSS
View by: Time | Thread
Yet apparently our marvelous DCMA system coupled with horendous YouTube policies that are quick to label accounts an infringing allows anyone to claim ownership of almost anything on YouTube
[ link to this | view in thread ]
[ link to this | view in thread ]
Beyond ridiculous.
1. Copyright does not cover "teaching methods" in any jurisdiction of which I am aware.
Look at http://en.wikipedia.org/wiki/Copyright#Scope if you don't beleive me.
2. Such things couold perhaps be covered by a patent - but that is entirely different. It would require an actual patent to have been issued. If this guy had one he would surely have quoted it by number.
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Removal
Because he removed them himself. Yotube was not involved.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
I can assure you I didn't vote for any of the clowns currently spending my tax dollars.
[ link to this | view in thread ]
Some prior art
http://www.ebay.co.uk/itm/Piano-Keyboard-Music-Note-Stickers-Full-Set-/121104694206?pt=UK_Mus icalInstr_Keyboard_RL&hash=item1c3266fbbe
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: Some prior art
http://www.easykeys88.co.uk/
[ link to this | view in thread ]
Re:
Perhaps they stole the idea from your teacher? Perhaps your teacher should be suing mine?
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Holy cow! Timmy actually has it right!
[Better than your usual writing in this, Timmy, BUT I'd at least change: "With the general public not being heavily invested in the nuances of copyright, you expect mistakes to be made, but" to "While the general public may not know every nuance of copyright," And remove "chomping at the proverbial bit", especially "proverbial", simply archaic verbiage, likely readers have no idea what it refers to. If you want to use a metaphor, invent something to do with computers, like "tapping the mouse key ready to click". -- But for purposes of edumacation here, I retain copyright to that phrase!]
[ link to this | view in thread ]
Re: Holy cow! Timmy actually has it right!
[ link to this | view in thread ]
Re: Holy cow! Timmy actually has it right!
[ link to this | view in thread ]
Re: Re: Some prior art
(i.e. labelling things what they are)
This is like patenting crap "on the internet" except this "on the piano" and its copyright which is... odd...
[ link to this | view in thread ]
Re: Holy cow! Timmy actually has it right!
Gee, now I can finally die happy....
[ link to this | view in thread ]
Mozart's father did this
[ link to this | view in thread ]
Re: Mozart's father did this
[ link to this | view in thread ]
Re: Re:
Don't blame me! I voted for Kodos!
[ link to this | view in thread ]
Re: Holy cow! Timmy actually has it right!
As for the copyright claim... yeah, it's ridiculous. You cannot copyright anything which is primarily functional, such as accurate labels on piano keys (this is the reason why most clothing is not eligible for copyright.) And I'd be willing to bet that labels have only been done before, but they've been done so long ago that any copyrights, if they ever existed, have long since expired. Perhaps he could have copyrighted a particular STYLE of labeling, but it would have to be awfully creative to qualify, and also would pretty much have to be copied exactly to have been infringed.
"Above a certain level, steeply progressive income taxes should remove money as a literally insanity-producing incentive, and we'll all be better off."
I don't think that would help in this particular case. I doubt that either piano teacher is making obscene amounts of money.
[ link to this | view in thread ]
Re: Re:
I suspect piano teaches having been doing this since the piano was invented and probably borrowed the idea from other keyboard instruments.
[ link to this | view in thread ]
This is the kind of legal threat that is best addressed by responding with a form letter bearing the following legalese:
[ link to this | view in thread ]
Re: Re: Mozart's father did this
[ link to this | view in thread ]
Re: Removal
[ link to this | view in thread ]
If/when this comes back to bite him...
[ link to this | view in thread ]
[ link to this | view in thread ]
Er...it's been +30 years so I can't remember the bass clef.
[ link to this | view in thread ]
Copyright
[ link to this | view in thread ]
Re: Re:
Because when private industry operates without legal oversight (or minimal oversight) we end up with problems like a Recession and the phrase "caveat emptor" (Let the Buyer BEWARE!)?
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
what is even more infuriating is the fact that those that can correct this abuse know all about it and still refuse to do anything, mainly because they would lose the backhand payments they are getting from the entertainment industries. how pathetic is that? having a government made up of bribed politicians! must be somewhere east of the EU, surely! best try somewhere a damn sight closer than that!!
[ link to this | view in thread ]
Re: Holy cow! Timmy actually has it right!
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
> coupled with horendous YouTube policies
> that are quick to label accounts an infringing
> allows anyone to claim ownership of almost
> anything on YouTube
If anything, I'm surprised it's not abused more often.
Judging by the comments on just about every single video that allows them, you literally can't put up anything on YouTube without pissing someone off somehow.
[ link to this | view in thread ]
Re: Re: Re:
Excellent...
[ link to this | view in thread ]
Re: Holy cow! Timmy actually has it right!
> those at truly obscene levels from minor efforts,
In other words, you're for more and greater legalized theft.
Understood, comrade.
[ link to this | view in thread ]
Re:
http://en.wikipedia.org/wiki/Reply_of_the_Zaporozhian_Cossacks
[ link to this | view in thread ]
Re: Mozart's father did this
[ link to this | view in thread ]
Re: Holy cow! Timmy actually has it right!
No, the laws are still bad. First, they enable bad actors who engage in abuse. Second, they chill otherwise unobjectionable uses, such as in the case of orphan works. Paring down the laws to a reasonable level would be good all around.
But feel free to raise income taxes at high brackets, impose wealth taxes, etc.
[ link to this | view in thread ]
[ link to this | view in thread ]
Infringement Everywhere!
[ link to this | view in thread ]
Re: Re:
The famous reply in Arkell v. Pressdram (1971) [unreported] which is quoted by all solicitors in the UK and other commonwealth countries - in the USA it can even be used as well though Ken White's from Popehat "snort my taint" phrase is sometimes better ;)
Therefore: Is the best legal response to anything like this
:)
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re: Re: Mozart's father did this
[ link to this | view in thread ]
Re: Copyright
[ link to this | view in thread ]
The Lie About Me
[ link to this | view in thread ]
Piano Instructor Claims Copyright On Writing Letters On Piano Keys
[ link to this | view in thread ]
Piano Instructor Claims Copyright On Writing Letters On Piano Keys
[ link to this | view in thread ]
Re:
I guess Cheek can go dig my dad up from his grave to serve him with the DMCA papers.
[ link to this | view in thread ]
Business
[ link to this | view in thread ]
butthead
Not good to treat potential customers the way he did.
I will NEVER give him my business.
Jerk
[ link to this | view in thread ]