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| PA Mom fights back against Prince
I really think Prince or whatever he is called now, has lost his mind. Here's a link to the YouTube video in question: YouTube - "Let's Go Crazy" #1 This is a 29 second video of a dancing 18 month old, you can barely even hear the Prince song in the background. It was posted in Feb and by June had only had about 25 views. Those views are now over 130,000 and all because of an over reaction by Prince and his record company. Here's the full scoop over at ABC: ABC News: The Video Prince Doesn't Want You to See Basically his mom made a home video, loaded up on YouTube to share with her friends and family and then YouTube got a copy right infringement notice and took it down. She fought back and they put it back up and not she is filing suit. How can a barely audible 29 second background clip be considered copyright infringement? Geesh. I understand artists protecting their work but this is just dumb.
__________________ After all these years, I see that I was mistaken about Eve in the beginning; it is better to live outside the Garden with her than inside it without her. Mark Twain |
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he is getting weirder and weirder.
__________________ ·´`·.(*·.¸(`·.¸ ¸.·´)¸.·*).·´`· «·´¨*·.¸¸. Jo ¸¸.·*¨`·» «·´`·.(¸.·´(¸.·* *·.¸)`·.¸).·´`·» Please leave feedback for me here. http://www.mycoupons.com/boards/g-l/...-littlejo.html gretchengirl@gmail.com http://lifewithlittlejo.blogspot.com/ |
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I don't blame him at all. This is his copyrighted music, low volume or not. When he switched his name it was in defiance of Sony. He felt he was a slave to them, and as soon as the contract was up he started using his name again.It is his art and if it is used without his permission it is copyright infringement. Exactly what is the mom sueing for?I don't think she has a leg to stand on so to speak, she used his music without his permission, the video though low volume uses his music title.He employs people to watch out for his interests and with the usage of the actual song title I am sure this was not hard to find.
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whether he's doing the copyright infringement or his record company is, fact is that the law states he's in the right. Like it or not. As far as the mother, sounds like another one of America's "sue-happy" citizens is on the war path.
__________________ "Is God willing to prevent evil, but not able? Then he is not omnipotent. Is he able, but not willing? Then he is malevolent. Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God? " ~Epicurus |
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While I understand the rights of artists to protect their work, I would think that a barely audible recording on a non-commercial home video would fall within fair use. Of course that is up to the lawyers but the US copyright office has this: Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. Clearly that video will have no effect upon the potential market for that song -- other than people seeing Prince as a jerk and not buying his music
__________________ After all these years, I see that I was mistaken about Eve in the beginning; it is better to live outside the Garden with her than inside it without her. Mark Twain |
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its not fair use and it is not non commercial and its not big bad Prince against some mommy once you upload your video to YouTube your video belongs to Viacom a very big corporation YouTube - Broadcast Yourself. by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels.
__________________ I think it's good you get a tattoo that reflects your heritage. I'm adopted, so I'm getting one of a recycling bin. |
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