U.S. District Judge Ronnie Abrams has denied Vimeo’s request to be exempt from prosecution under the safe harbor provisions of the Digital Millennium Copyright Act and will now be subject to litigation by the major record companies.
This user generated content web site features lip dub videos, on which recordings can be heard playing whilst individuals lip sync to the lyrics found in these recordings. But the judge also claimed that 144 of the 199 videos should not be included in the legal action.
Of the 199 videos only 55 were confirmed that have been known about by Vimeo staff, who commented, liked or uploaded these videos. And Vimeo argues that this staff may not have realized that the content infringed copyright, also arguing that they should not be held responsible for the actions of their employees.
I’m also assuming that “fair use” will come into play if the videos are satirical or comical. But I guess we’ll be hearing more about this case as those 55 videos are slowly reviewed.
Say, did you know that you can’t sing “Happy Birthday To You” on Youtube ?
That’s right. The age old tune is still copyrighted and to use it you need to pay up.
It doesn’t matter whether it’s an adult or group of children that sings it. And when a film production company called Good Morning To You Productions Inc made a documentary about the songs history, they were required to pay a $1,500 synchronization license fee to use it on their film.
Had this company not paid they would have been liable up to $150,000 in damaged for copyright infringement so they paid up. But of course they also decided to launch a class action lawsuit in the United States District Court representing the Southern District of New York, on behalf of all who were forced to pay to use this song.
The composition was originally entitled “Good Morning To All” and composed in 1893 by Patty Smith Hill and her sister Mildred Hill. And the copyright to that song of course expired in 1921 in the States. But a change in lyrics in 1924 and a different arrangement in 1935 caused the copyright to linger.
Fast forward to 2013.
The plaintiffs claim that they have evidence dating the traditional lyrics to 1911. This would date both the composition and traditional lyrics to over 75 years, rendering both public domain.
They also dispute whether copyright was actually established in 1924 because Robert H. Coleman was only credited for compiling, editing and publishing “Harvest Hymns”, a songbook which featured the melody and lyrics to “Happy Birthday To You”.
The class action lawsuit also alleges that copyright for “Happy Birthday To You” had not been established in several subsequent publications and copyright registrations.
What’s annoying about this is that in Canada there’s no dispute whether this song is public domain with lyrics or not. But everything that is uploaded to Youtube is subject to American law so hold off uploading your birthday videos guys and gals until this is settled.
Debate has recently heated up in regards to the effects of peer to peer due to a report published by The American Assembly at Columbia University.
Since its publication in October, arguments on whether the technology is detrimental to the industry have been going back and forth, some claiming that the users of this technology buy more music whilst others claim they do not.
This study found that peer to peer users purchased 30% more music whilst RIAA proponents claim they spend pretty much that same amount as non peer to peer users on music.
This is only one of the numerous reports that found that peer to peer users buy more music, concert tickets and artist associated merchandise. And numerous members of the industry have responded to this information by consolidating their operations into media companies like Live Nation. But one should notice quite a few issues with the industry’s response.
One has to wonder why peer to peer is being targeted when it’s usage does not result in a loss of sales :
“The truth is that P2P users spend about the same on the core music categories as non-users, on this basis. P2P users spend a bit more on digital downloads and subscriptions but it would be a tough argument that there is much of a difference. Six dollars extra on tracks is hardly half an album.” – NPD Group Blog Entry, dated October 18th, 2012
You will notice the last sentence on that statement emphasizes the industry’s preference when it comes to sales.
They prefer the sale of albums. And any argument in regards to concert ticket and merchandising sales fall on deaf ears because they haven’t secured those sources of income.
“There is a significant difference in spend on merchandise and concert tickets, where P2P users spend nearly twice as much as non-users. Are we saying that P2P file sharing promotes T-shirt sales, or show attendance? Of course not; that would be silly. What it says is that the people who download music illegally are generally more engaged in music, so they go to shows and they wear their favorite artists on their shirts. I have news for you: they would be doing this if P2P never existed.”
P2P is used to preview music for free and the operative word, free, also applies to new technologies that the blog entry also acknowledges.
The average P2P downloader spends $42 on these categories of music. No contest- P2P users spend more. Guess what- people who follow artists on Facebook spend more than that, as do people who use Twitter; and those who subscribe to Rhapsody or Pandora spend a whole lot more than any of these groups.
We are no longer in the late 90’s or early 2000’s. Numerous licensed services now offer free music, some of which do not require the installation of questionable software and/or the mass storing of music files. And individuals will not care in regards to the source of this music because it’s free.
The problem of course if that the music industry is slow to adapt and have not licensed their complete repertoire to the new services.
The labels failed to negotiate and obtain the rights to older recordings so people continue to use P2P for recordings that are not available for download through the legal services, some of which are not available on or have yet to be made available on compact disc.
These distribution issues are also what is driving people to use peer to peer networks to obtain films that are not available on or have yet to be made available on DVDs that are compatible with their home theater equipment.
Peer to peer services will likely be used less and less by people who are looking for music that can be found on the other free services but the above aforementioned rights issues will keep peer to peer alive until they are addressed.
The Copyright Modernization Act passed through the legislative process and obtained royal assent in June of this year. And though I am critical of the technological protection measure provisions, the bill is still a step forward. But it appears that the lobbyists in the United States are attempting to reverse many of the provisions in this legislation through the Trans Pacific Partnership trade negotiations.
The International Intellectual Property Alliance want to circumvent our democratic processes in order to force our government to enact RIAA style prosecutions in Canada.
They are demanding new penalties for intellectual property violations, new processes in which internet providers are forced to police the internet on their behalf and the removal of the $5000 liability cap on non-commercial infringement.
But their demands don’t end there.
They want an extension of the copyright term up to the American standard and want our customs officers to search people for copyright violations upon entry, without a search warrant.
At the moment copyright is limited to life plus 50 years, meaning an author will own his works up to his death and his estate would retain copyright on these works for 50 years after the author’s death.
The Americans extended their copyright term to life plus 70 years and added additional provisions to their Copyright Act extending copyright on published works to 95 years from publication, which could be renewed resulting in a term of 120 years in some instances.
So, not only do they want to practically eliminate our public domain
but they also want us to be burdened with longer lines at our airports and border crossings so searches can be performed on laptop hard drives and media players.
These amendments were ineffective in the United States, having failed to prevent 96.68 million BitTorrent downloads in the first half of 2012 according to the Musicmetric Digital Music Index, so why would they work in Canada ?
Google has announced that they will be updating their search algorithms, prioritizing legitimate sources for film and music over sites that have received remove notices.
This will enable people to find sources and avoid some of the less secure sites, some of which have viruses and malware.
A counter-notification process will also be offered to individuals whose sites have been wrongfully flagged.