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Copyright Infringement Part 3

Last week I heard in the news that Prince was cracking down on YouTube and eBay for not protecting his copyrights. What I am reading in the news is that he is removing grainy videos of his concert in the UK as well as pirated music and videos. There has been no mention of the lip-syncing videos or those where someone else is singing one of his songs.

I used his song in a video and it was taken down. The fact that my video was removed from YouTube still doesn’t sit well with me. Last week or so, I contacted YouTube to find out who to contact regarding my video. They gave me the name of Robert Allen at Universal Music Publishing Group and today I decided to contact him as I felt that there was some misunderstanding about the content of my video as I wasn’t sure about who actually looked at the video to get it removed. This is what I wrote:

From: Kenya Allmond
Sent: Tuesday, September 18, 2007 8:53:13 AM
To: robert.allen[email omitted]
Subject: Questions Regarding Video Removed from YouTube

Mr. Allen,

I was given your name by YouTube as a contact person regarding my video that was taken down being accused of copyright infringement. The video was of my boyfriend lip-syncing to Prince’s Kiss. We were driving along and the song came on the radio, he got really into the song so I took my camera out and recorded it. I thought he was really funny so I posted it to YouTube primarily for the purpose of sharing with friends and family. This was a home video.

While I understand that Prince’s song was in the video (it came on the radio) and was the point of the video since my boyfriend was lip-synching to it, I don’t understand why the video from removed. Under what circumstances is a home video considered to be infringing on copyrights? Am I as a consumer required to license the music in a lip-sync fan video? How much would such licensing cost?

Please provide guidance as I am confused that my video was removed and would like to know what course of action to take.

kenya allmond
kenyaoa[email omitted]
vm/f 202.478.0490

Below is the response I received.

From: Allen, Robert
Date: Tuesday, September 18, 2007 11:21:35 AM
To: kenyaoa[email omitted]
Subject: Re: Questions Regarding Video Removed from YouTube

Under U.S. Copyright law, the copyright owner of a musical composition has the right to permit or deny the synchronization of that musical composition in any audio-visual work. Many of the writers administered by Universal Music Publishing encourage the synchronization of their musical compositions in audio-visual works displayed on YouTube; however, others do not. We respect these decisions by our writers and act accordingly.

Best regards,

Robert Allen

I just love canned responses that don’t answer my questions. Prince is not mentioned by name even though I know that he wrote this song per my legally purchased CD at home. While I know that a copyright holder “has the right to permit or deny the synchronization of that musical composition in any audio-visual work” this email does not specify if it is even possible to even get permission as I asked in my email. His response also specifically mentions YouTube. So does that mean that I can put the video up on some other video sharing site? I won’t but I’m just asking.

At any rate, if Prince does not want fans lip-syncing his songs (or singing them) then I will have to respect that. But I will also have to accept that perhaps I shouldn’t listen to them anymore for fear that I or anyone around me might be tempted to sing them.

This is my personal opinion. I wonder how the rest of the internet especially those who have had videos removed are reacting. I think most people are upset with YouTube but this is not a YouTube issue. Imagine the implications of video recording a wedding, party or other gathering where music is played. An artist might think it is infringing on his/her copyright if posted to YouTube or the scores of other video sharing sites out there.

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Hip Hop: They Reminisce Over You

Anyone who knows me knows that I don’t listen to hip hop. My musical selections are limited to jazz, neosoul, R&B ballads, and contemporary gospel. “You’re old”, some say. “What happened to you?” others say. My question is what happened to hip hop? Back in the 80s and 90s, hip hop was real music. The lyrics meant something. I was all over hip hop. Most of the people who ask me why I don’t listen to hip hop now don’t have the history that I have with music. I love music. An important part of my love of music includes the lyrics. If a song has stupid lyrics or negative lyrics, I can’t listen to it. Everything that you take in becomes a part of you. Do I need to listen to music about shooting people and calling women all kinds of names one wouldn’t want his sister or mother called? Heck no!

I was reminiscing about the old days of hip hop and what I used to listen to. I decided to start a list. Feel free to add your own.

A Tribe Called Quest

Jungle Brothers

Poor Righteous Teachers

Heavy D and the Boyz

Pete Rock and C.L. Smooth

Chubb Rock

De La Soul

Black Sheep

Boogie Down Productions (KRS One)

Queen Latifah

Salt N Pepa

Kid N Play

Groove B. Chill

Kwame

MC Shy D

Sir Mix a Lot (before Baby Got Back)

L.L. Cool J

Kool Moe Dee

Treacherous Three

Africa Bambatta

Whodini

MC Lyte

Public Enemy

Leaders of the New School

Redhead King Pin

Stetsosonic

EPMD

Eric B. and Rakim

Big Daddy Kane

Grand Puba

Ultra Magnetic MC’s

Just Ice

Run DMC

Kool G. Rap

Schooly D

Biz Markie

UTFO

D-Nice

Dougie Fresh and the Get Fresh Crew

Slick Rick

Third Base

I wish some of this stuff was available online (legally). I have some of this stuff on tape somewhere. Record companies could make a killing from people like me – too bad they lack the vision to see that.

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