MORE Indie Invaders / POSTED BY: KINGSOFAR

I had an artist manager ask me a new one yesterday: How do I get live performance footage of new songs recorded on someone’s cell phone removed from YouTube? This isn’t really a new request, we have to have material taken down from websites fairly often. What is new about it is that the recording was made on a handheld digital recorder by a fan at a show where the artist was trying out new material.  Â

Until YouTube, it was possible to “open in Philadelphiaâ€? to try out new material, a time-honored tradition in our business. Artists frequently try out material in small clubs in small towns, and may completely rewrite songs based on how they “feelâ€? live or simply not use certain songs. (This is obviously not limited to artists, but also would include comedians, broadway shows, any number of performers.) Â

My artist client now has to pay me to write notice and takedown letters to YouTube to exercise rights under the DMCA—the same week that YouTube is rumored to be fetching an asking price over $1 billion dollars. That’s billion with a B. My artist asked me to explain to him how it is that YouTube is able to make more money from infringing his work than any artist will ever see in their lifetimes, yet he has to take the time to send a cease and desist to YouTube in some kind of grotesque game cyber shakedown. Â

Of course it is true that anyone can record an artist’s performance anywhere, that’s not the problem. The problem is not with the fan, and I refuse to allow YouTube to try to make it so.

The problem is that YouTube makes no apparent effort to filter videos that are of obviously questionable origin. Riddle me this: If an artist wanted to make their video available on YouTube, would they typically want to post a poor quality video, or would they more likely be interested in keeping that kind of video off of YouTube.

The lawyers for YouTube have tried to get around this issue by implying that they have no way of knowing whether a video that is uploaded is secretly being uploaded by the artist themselves to start a grass roots campaign. The same is true of movie studios or record companies.

There’s a very easy fix to that problem: Ask them. Ask the artist’s permission before YouTube permits the video to be posted. But of course YouTube can’t do that. Asking permission doesn’t “scaleâ€?.   Â

What YouTube means when they say that something doesn’t scale is that in order to accomplish a particular thing, they would have to spend money they don’t have on resources they don’t want to achieve a goal for which they have contempt. It’s like saying, yes I know I may be stealing from you, but it’s too inconvenient for me to find out. Sounds infantile when you think of it that way right?

If a child said that to their parents, they would likely be grounded for a good long time. It’s time to ground YouTube.

Chris Castle is a music attorney in Los Angeles where he represents artists (including KOAR fav 10 Years), producers, music industry executives, songwriters, independent publishers and record companies, and technology companies. Chris is a contributing editor to Entertainment Law & Finance and writes the Music-Tech-Policy blog (http://music-tech-policy.blogspot.com/). He is on the board of directors of the Austin Music Foundation and moderates the digital panel at SXSW. Before law school, he was the drummer for Jesse Winchester, Long John Baldry and Yvonne Elliman
Â

Twitter
Facebook
Newsletter
Recent Posts
  • FlowFanatic Bares Vulnerability in Latest Track ‘Dumb & Young’
  • French Artist Martin Oh’s Feel-Good Track: ‘Can’t Leave You Behind
  • Thunder Jackson Drops Steady Freddy: A Haunting Melody of Broken Vows
  • Laila Releases ‘I Hope It Kills You’: A Surprising Revenge Ballad
  • Brooke Drops Uptempo Electro Rocker ‘All I Ever Wanted’
  • Sea Girls Reach Pop Perfection with New Track ‘Midnight Butterflies
  • Brian Walker Drops New Breakup Song Dear Jane
  • Flora Cash soars with their latest release, “Dragon”
  • Alex McGarry yearns for simpler days in the song “Petals.”
  • The Bogmen Return with ‘In My Kingdom’: First Single from Highly Anticipated NYC Band’s Album in Over 25 Years”
  • Keep an Eye Out for Molly Rose Hansen’s Raw and Intimate Track, ‘Isolated’”
  • Lily Lane’s Fiery New Ballad ‘Burn It Down’ Leaves No Prisoners
  • Estella Dawn’s New Single “If You Were In Love” Sparks Contemplation on Matters of the Heart
  • Kacey Fifield’s Latest Release ‘Left Behind’ Chronicles Fear of the Future and Being Left in the Past
  • Small Pools Releases New Track ‘Fake a Happy Face,’ Tackling Social Media”
  • Faunea Discovers Purpose in Latest Track ‘Forever
  • Emerging artist G.3.M drops debut song “ADHD.”
  • Megan Winsore Drops Roots-Inspired Gem Titled ‘Sure
  • Mt. Joy Cruises with Latest Song ‘Highway Queen
  • Payson Lewis’ Newest Release, ‘Slowly’ – A Calming and Vibey Track That Connects”
  • Gabe Lopez Hits a High Note with New Song ‘High 4 U
  • Sophia Angeles Takes You on an Emotional Rollercoaster with New Sad Pop Single ‘Distract Myself
  • Karina Breaks Free with Empowering Anthem ‘Chains’
  • Jordan Suaste Says ‘Be Who You Want to Be’ in New Track ‘Love Who You Want To’
  • Silent Season Offers New Hope for Rock in New Song ‘Hopeless’
  • SOMOH Drops New Song Problem Child
  • Lily Meola hits a high note with ‘Over The Moon
  • Imogen Clark’s ‘Big One’ Takes You Back to the 80s with Infectious Vibes”
  • Christos Drops Infectious Track ‘need me like i needed u’
  • Blondfire pulls you into a lovesick dream world with her new song ‘Foolish’.
  • Follow

    Home

         

    About

         

    Contact

         

    Daily Readership

    Copyright 2024 Kings of A&R     Website Design by PaleBird