YouTube take down rules allowed Universal Music Group to remove material they did not own
CBC reported that Universal Music Group is issuing take down notices against an indie band from Prince Edward Island, Canada.
In-Flight Safety had two of their songs including ‘Out of Sight’ removed from YouTube.
“The Maritime band In-Flight Safety is expressing frustration with one of the world’s largest music companies, which is continually ordering that the band’s music videos be removed from YouTube.”
This version of ‘Out of Sight’ is still working.
UMG is one of the largest music organizations in the world. UMG has an agreement with YouTube that allows it to demand a take-down without giving reasons. UMG is said to use automated bots to look for its content among the 120 million video files posed on YouTube.
Mistakes happen in automated systems. A free system like YouTube is worth what you pay for the service.YouTube responds to big partners like UMG before a single user.
In the past, NJN Network was subject to frequent take down notices over content that we owned or was public domain. We fought back but lost our account with over 300 videos in the end. TechDirt reported YouTube Taking Down Public Domain Works. See also Associated Press and Fox News make false copyright claims.
Bands should post their songs and videos on sites like SoundCloud and Vimeo that are attacked less often by UMG and other labels. Those sites are also musician friendly.
It is always recommended that musicians file proper US copyright registration since without it they have no status in US-based disputes.
“In-Flight Safety is an independent band based on Prince Edward Island. It owns its own music and has no connection to Universal Music Group, but the music industry giant has ordered the takedown of five of the band’s songs from the site. Most recently, it was the band’s song Out of Sight, some versions of which remain blocked.”
“I got to YouTube and it said this song has content owned by Universal Music Group and it’s been removed from YouTube. And I thought OK that’s enough of that,” said band member John Mullane.
“In each case, the band has had its music reinstated, but Mullane says he shouldn’t have to keep pitting himself against one of the biggest music companies in the world.”
“It was a crazy thing to try to do as an independent band, to call a big record company and actually get someone on the phone.” (quotes from CBC)
At least the band is getting some publicity they might not see otherwise.
Post Revisions:
- 27 June, 2012 @ 10:56 [Current Revision] by Stephen Pate
- 27 June, 2012 @ 10:55 by Stephen Pate
From CBC
Universal is now saying the ban should never have happened.
It took some difficult calls from John Mullane, the band’s lead singer, to clear up the problem.
“I just called Los Angeles, screaming at various people who were just trying to get rid of me, saying it’s not our problem, it’s YouTube’s problem,” said Mullane.
“I just stayed on point and said no, it’s your name on the copyright claim, and I really want to talk with someone who can fix this.”
As late as Wednesday morning, not all of the band’s videos had been restored.
The confusion stemmed from a brief relationship between the band and Universal eight years ago. That relationship is now over, but somebody — either YouTube or Universal — forgot to uncheck a box to say that the relationship, and therefore any kind of copyright protection, was over.
Universal now acknowledges the video didn’t contain any content owned by them.
“In this case, the material was misidentified as being connected with Universal Music Group because of a previous distribution deal between Universal and the band,” said Universal spokeswoman Amy Terrill.
All of In-Flight Safety’s music videos have now been restored to YouTube. Terrill said Universal is now trying to find ways to make it easier for bands to clear up problems like this if they happen again.
No one from YouTube could be reached for comment.