Copyright Conundrum: Was 'Public Domain' Music Silenced On YouTube?

from the it's-in-the-recording... dept

Mark Guertin writes in with an interesting situation that he's dealing with, which I think highlights some of the problems with copyright law today. Guertin put together a YouTube video of some swimming pugs as part of a promotion for a charity he's involved with. Knowing that music on videos is a potential copyright issue, he went to Wikipedia to find some public domain music, and chose Wagner's Ride of the Valkyries to accompany the swimming pugs.

Except... he got blocked. YouTube's content ID system told him that the song was owned by (who else?) Warner Music Group, and thus the soundtrack was muted. Guertin filed a counternotice, and the music was reinstated, but then muted a second time as apparently someone (Google/Warner?) didn't agree with the counternotice. Without knowing the details, my guess is that the situation has to do with the different types of copyright coverage. While the song Ride of the Valkyries is public domain, each individual recording of it is covered by copyright. It seems likely that whatever recording was used is still under copyright.

Guertin is reasonably upset about the situation, especially the whole concept of having the music blocked until WMG has a chance to weigh in on it, noting that "guilt before innocence" seems incredibly unfair.

But the bigger issue may be how this (once again) shows how out of sync copyright law is with what people think is reasonable or fair. If you found out a piece of music was in the public domain, it's natural to assume that a recording of that same piece of music is in the public domain. And to make things more confusing, that's absolutely true (in the US at least) of a photograph of a public domain painting. But making a new recording of a public domain song? Bam. A new monopoly created.

Unfortunately for Guertin, the track he used probably is not in the public domain, even if the music is (yes, that's confusing). That's why, these days, it's probably more reasonable to search out Creative Commons-licensed music than public domain music -- because you can't be as sure whether the PD part covers the recording as well as the music. To some of us, that seems like a problem with current copyright laws, while others appear to view it as a feature.

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Beck Re-Recording Other Classic Albums And Giving Them Away For Free

from the licensing? dept

Hypebot points out another fun experiment by a popular musician. Beck is apparently gathering random friends, and each week (with little or no rehearsal) they're picking someone else's classic album and re-recording it in its entirety and then giving away a free song from the session. This is the sorta thing that makes tons of sense (Hypebot calls it "a GOOD IDEA") and is something that's fun to do, and can help energize Beck's fans, the fans of the other artists playing along and the fans of the original performers/songwriters, as well. But, of course, there's always a cloud that hangs over any fun music project. Already in the discussion on Hypebot there are questions about royalties and who has to pay whom for what rights. When recording cover songs there are compulsory rates, but even then the matter isn't entirely clear, apparently. And, of course, some people are complaining that this just shows that he's "unoriginal." Of course, that simply shows a near total misunderstanding of the history of music -- which has always been about sharing and recreating the works of others.

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MPAA Shows How Teachers Should Record Movies By Camcording Their TVs

from the ok-then... dept

As you probably know, every three years, the Librarian of Congress gets to review requests for special "exemptions" to the DMCA. It's a ritual every three years, and every three years most people hoping to get rid of some of the worst abuses of the DMCA are disappointed. Back in 2003 very few exemptions were issued, and in 2006 it basically extended the exemptions and added a few very, very narrowly defined and specific exemptions -- and did nothing for consumers. This year, the process is going on again with a variety of requests for exemptions.

But, of course, the process also has some requests in the other direction as well... The entertainment industry, for example, would like fewer examples. Kevin alerts us to some video of a recent hearing, where the MPAA actually (you have to see it to believe it) demonstrates how to use a camcorder to videotape a movie off a TV:

Why would the MPAA show this? Because it wants to remove the (very narrow) exemptions that were granted in 2006 to media professors who wanted to copy clips of movies from DVDs for the purpose of education. But the MPAA wants the Library of Congress to take away that exemption, and is using this demonstration to show that a media professor shouldn't need to break DRM on DVDs, when they can go through the cumbersome process of recording the DVD via the "analog hole" of playing it on a TV and capturing it with a video camera.

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Instead Of Recording Music, Recreate It 1,000 Times More Efficiently Than MP3s (But Only For Clarinets)

from the that's-gotta-lose-some-quality dept

There's a report going around about some researchers who created a music file that's apparently 1,000 times smaller than MP3s. However, what's really interesting is how it's done. Rather than actually record the sound, it's designed to recreate the sound itself. As the article notes, it's more like the way a player piano plays music from a roll of punched paper than a recording of the original piano. Of course, that's got to make you wonder about the quality, and whether it comes out sounding mechanical, losing the actual nuances of how the music was played -- but the researchers insist their system captures exactly how the music was played as well. Don't expect to hear much out of this research for a while, though. Right now, the system is rather limited. It can only work with certain types of music (clarinet music from the sound of it), because they had to program in the specifics of how a clarinet is played (such as fingering, breath pressure, and lip pressure). Considering that they would then need to do that with every single instrument, somehow this doesn't seem likely to be in practical use any time soon.

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