Vimeo sued over Flagpole Sitta lip dub
p2pnet news view Freedom | P2P:- French president Nicolas ‘Three Strikes’ Sarkozy is in trouble over lip dubs, lip synching and audio dubbing which end up as a music video.
Or, rather, he isn’t.
Says a Reader’s Write to the p2pnet story on this:
“UMP, the right-wing party currently in office and to which Sarkozy belongs, violated copyrights not once, not twice, but several times. Yet their site is still online.
“Their so called three strikes and you’re out policy is of course not for themselves, only for the ordinary people. Liberté, Fraternité, Egalité ? With exceptions, apparently, they themselves being the exceptions of course.”
However, if you’re not Sarkozy, say, 0r Edgar Bronfman jr, you’re up Excreta Creek.
Ask Vimeo.
“A few years ago, video-sharing site Vimeo hit the big time with a viral video of its employees lip-syncing along to Harvey Danger’s Flagpole Sitta after work one day,” says NewTeeVee, going on:
“Now Vimeo and parent corp IAC are coming under legal attack for promoting the creation and distribution of these so-called lip dub videos in the form of a suit filed by Capital Records, which is seeking retribution for what it alleges is copyright infringement.
“The complaint states that Vimeo ‘induces and encourages its users to upload … audiovisual works,’ which it then disseminates virally throughout the Internet. According to Capitol Records, the company’s staff actively participates in ‘making, selecting, commenting on, and at times choosing to delete’ audiovisual works, including those featuring its own copyrighted recordings.”
Says MediaPost >>>
The legal issues appear unsettled. On one hand, the federal Digital Millennium Copyright Act safe harbor provisions say that sites are immune from liability, provided they remove copyrighted material upon request. That law recently led a federal judge in California to dismiss Universal Music Group’s copyright lawsuit against video-sharing site Veoh.
But the U.S. Supreme Court also ruled that the peer-to-peer service Grokster could be liable for infringement for inducing users to upload and download pirated material.
In addition, it’s not clear whether lip dubs infringe copyright or are a fair use of song. Attorney Martin Schwimmer says that one factor that could weigh against fair use is that the lip dubs generally include the entire song.
The story has EFF ( Electronic Frontier Foundation) lawyer Corynne McSherry stating:
“If you can argue persuasively that your purpose requires the whole thing, that’s okay.
“I’ve seen plenty of lip dubs that struck me as extremely creative and transformative and that put things in an entirely new perspective.”
Lip Dub – Flagpole Sitta by Harvey Danger from amandalynferri on Vimeo.
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p2pnet – Nicolas Sarkozy: copyright criminal, December 17, 2009
Edgar Bronfman jr – Jammie v the RIAA: final day?, June 17, 2009
NewTeeVee – Vimeo Sued Over Lip Dubs, December 15, 2009MediaPost
– Vimeo Accused Of Copyright Infringement For Encouraging Lip Dubs, December 16, 2009
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December 17th, 2009 at 2:37 pm
Amandalyn Ferri is adorable.