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Friday, April 09, 2010

Youtube (via Cass County Music) deleted my PARODY Hillary Clinton: Desperado - Come to your senses

Youtube (via Cass County Music) deleted my PARODY video, Hillary Clinton: Desperado - Come to your senses.

Should I file a DMCA counter-notification?

Here's the same video on blip.tv, Hillary Clinton: Desperado - Come to your senses:



Originally posted on Cup O Politics:

Here's a link to the where the video was on YouTube:

YouTube - Hillary Clinton: Desperado - Come to your senses

This video is no longer available due to a copyright claim by Cass County Music.

Here's the message from YouTube:
ATTENTION
We have received copyright complaint(s) regarding material you posted, as follows:
from Cass County Music about Hillary Clinton: Desperado - Come to your senses - stevegarfield
Video ID: Uz840aQ4FpU

Please note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos you have uploaded. Please delete any videos for which you do not own the necessary rights, and refrain from uploading infringing videos.

If you are unsure what this means, it is very important that you visit our Copyright Tips guide.

If one of your postings has been misidentified as infringing, you may submit a counter-notification. Information about this process is in our Help Center.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was disabled due to mistake or misidentification may be liable for damages.

For your reference, a copy of this message has been sent to you via email, and can also be located in your Account Warnings page.
There's a discussion over on the YouTube forum about similar take down requests: Youtube (via Cass County Music) deleted my cover of Hotel California because of copyright infringement.... WHY?

See also:

Don Henley’s Lawsuit Threatens Everyone’s Free Speech

Coment by Count_de_Money:
The case law establishing the "parody exception" to copyrights is "Irving Berlin et al. v. EC Publications", 329 F. 2d 541 (2d Cir. 1964). Excerpt of the opinion by Judge Metzner:

"While brief phrases of the original lyrics were occasionally injected into the parodies, this practice would seem necessary if the defendants' efforts were to 'recall or conjure up' the originals; the humorous effect achieved when a familiar line is interposed in a totally incongruous setting, traditionally a tool of parodists, scarcely amounts to a 'substantial' taking, if that standard is not to be woodenly applied. Similarly, the fact that defendants' parodies were written in the same meter as plaintiffs' compositions would seem inevitable if the original was to be recognized, but such a justification is not even necessary; we doubt that even so eminent a composer as plaintiff Irving Berlin should be permitted to claim a property interest in iambic pentameter."
YouTomb - YouTomb is a research project by MIT Free Culture that tracks videos taken down from YouTube for alleged copyright violation.

Chilling Effects - A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics.

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