Defending the Commons: banned by Youtube

Last year, I helped put together some videos, all using Creative Commons-licensed music. I was careful to do this, as I didn’t want to put the Greens in legal danger, and wanted to support the work of artists who wish to fully embrace the changes that the web is bringing on.

Now, one of these videos, featuring Siân Berry has been pulled because of an alleged copyright violation. The video features Siân working through a Subterranean Homesick Blues style scene where she presents a set of cards saying how CO2 emissions were being put in unreadably small type on car ads, or not at all. (Her campaign won the argument by the way)

Anyway, not wanting to annoy Bob, or break copyright law, we chose another track, by the very generous Paul Westerberg, who released his track Lookin up in Heaven under a Creative Commons License.

Then Youtube pulled the video last week after identifying the music rights as belonging to UMG. UMG are Westerberg’s publisher and they’ve identified the audio rights as belonging to them through Youtube’s audio and ‘Video identification tool’ which allows ‘content owners’ to submit their files for comparison with Youtube user content.

It looks clear to me that UMG have simply forgot that Paul Westerberg released his track for mashing up. I expect the same applies to quite a few other CC works that have otherwise been released by labels.

I’m thinking, if Youtube are prepared to defend labels’ use of copyrighted works, why shouldn’t they offer the same service to Creative Commons organisations? Paul’s work could easily be identified by the same system as having been released under a use it as you like license, and UMG could be told that this work cannot be the subject of an automated copyright claim.

I think this is quite important for Creative Commons to think about. The most popular works they release are often by published and popular artists, and lazy record companies are unlikely to be carefully noting where their rights have been relaxed.

And Creative Commons users are not likely to be too keen to get into copyright disputes with big labels: they are much more likely to drop the matter and let Youtube delete their work.

I however have supplied my contact details to Youtube and presumably UMG’s lawyers, and wait to see if I end up in court in California.

Jim Killock's site