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So if you 1) know that anything you put up on YouTube can be hit with a DMCA takedown and 2) you have music in your campaign video and 3) other candidates have

So if you 1) know that anything you put up on YouTube can be hit with a DMCA takedown and 2) you have music in your campaign video and 3) other candidates have been bitten by this in the past, why would you post on a site you don't control?

DasIch 14y ago
If the other party is doing it, you don't really have a choice. You either respond or you ignore it.
reedlaw 14y ago
Which candidates have been hit by this? The "music" in the campaign video was Obama singing. If I were posting such a video I would not automatically expect it to be hit by a DMCA takedown.
- delinka 14y ago
  Well, Someone Not Obama owns the rights to the lyrics. But that's the only grounds I could think that such a takedown request would be plausible. Compulsory licensing (which says once it's been recorded and published by someone, it can be recorded and published by anyone provided they pay the lyricist and composer the statutory fees) does not address fair use of any particular recording. So now, IMHO, we're left with whether it's OK for Romney to use the recording in a critical manner. And I'd say yes. I think it's beyond 'would not automatically expect' into 'there's no way anyone could claim...'
  - stfu 14y ago
    You are spot on. The original headline is wrong as it is not a major label but a major music publisher who is responsible for the takedown. BMG Songs is (almost) exclusively representing songwriters and composers - who can be signed to completely different label (in the case of Al Green this should be currently an EMI sub-label).
- SoftwareMaven 14y ago
  John McCain was hit by it as well in 2008[1]. Particularly appropriate, since the are both GOP presidential candidates (not implying there is a conspiracy or anything, just that the campaign managers should have seen it coming). 1. http://news.cnet.com/8301-13578_3-10066738-38.html http://news.cnet.com/8301-13578_3-10066738-38.html

DasIch 14y ago

If the other party is doing it, you don't really have a choice. You either respond or you ignore it.

reedlaw 14y ago

Which candidates have been hit by this? The "music" in the campaign video was Obama singing. If I were posting such a video I would not automatically expect it to be hit by a DMCA takedown.

delinka 14y ago
Well, Someone Not Obama owns the rights to the lyrics. But that's the only grounds I could think that such a takedown request would be plausible. Compulsory licensing (which says once it's been recorded and published by someone, it can be recorded and published by anyone provided they pay the lyricist and composer the statutory fees) does not address fair use of any particular recording. So now, IMHO, we're left with whether it's OK for Romney to use the recording in a critical manner. And I'd say yes. I think it's beyond 'would not automatically expect' into 'there's no way anyone could claim...'
- stfu 14y ago
  You are spot on. The original headline is wrong as it is not a major label but a major music publisher who is responsible for the takedown. BMG Songs is (almost) exclusively representing songwriters and composers - who can be signed to completely different label (in the case of Al Green this should be currently an EMI sub-label).
SoftwareMaven 14y ago
John McCain was hit by it as well in 2008[1]. Particularly appropriate, since the are both GOP presidential candidates (not implying there is a conspiracy or anything, just that the campaign managers should have seen it coming). 1. http://news.cnet.com/8301-13578_3-10066738-38.html http://news.cnet.com/8301-13578_3-10066738-38.html