Saturday, June 12, 2010

LATMA 'CENSORED' BY YOUTUBE - WE CON THE WORLD VIDEO REMOVED

In a move of staggering audacity, Youtube has removed the song “We con the world” by the Israeli satirical team Latma, claiming that copyright issues were involved. We call bullpucky on this – the FAIR USE DOCTRINE (US Copyright Office) specifically allows use of copyrighted material in parody. And given that the song in question (‘we are the world’ – by a bunch of self-righteous putzes) has been parodied, copied, spoofed, and made fun of so many times, in ways too numerous to detail, the Youtube (Google) action can only raise the suspicion (meaning: darn well certain assertion) that this equates to censorship, possibly motivated by base motives.


“The truth will never find its way to your tv!”


Here is the LATMA statement about this foul move:

[QUOTE]
This video is no longer available due to a copyright claim by Warner/ Chappell Music, Inc. .


Copyright experts we advised with before posting the song told us in no uncertain terms that we were within our rights to use the song because we did so in accordance with the Fair Use Doctrine. The Fair Use Doctrine, copied and pasted below from the US Copyright Office stipulates that it is legal and permissible to use copyrighted material under the fair use doctrine for purposes of parody.

Copyright attorneys also warned us that given our clearly lawful use of the song We are the World, if anyone wished to silence our voices, they wouldn't target us. Instead they would target YouTube. It is YouTube's standard practice to remove any material that they receive even the flimsiest threat for because the company wishes to avoid all litigation.

At the same time, this is not YouTube's first move to silence Israeli voices. During Operation Cast Lead, the IDF Spokesman's Unit established a YouTube channel and began posting combat footage on its channel to bypass the anti-Israel media and go directly to news consumers.
Shortly after the IDF channel began making waves, YouTube - which is owned by Google - removed IDF videos from the website. After the move evoked a storm of protest, YouTube restored them but flagged the videos in the same manner it flags pornography. People trying to access the videos received a screen saying, "This video or group may contain content that is inappropriate for some users, as flagged by YouTube's user community. To view this video or group please verify that you are 18 or older by singing in and signing up."

Here's a link to the write-up of the YouTube move.
http://www.haaretz.com/news/watch-youtube-pulls-some-idf-videos-showing-gaza-assault-1.260588


If YouTube didn't already have a track record for censoring pro-Israel material, I would say that despite the obviously frivolous and unsubstantiated nature of the copyright claim against We Con the World, the company was simply erring on the side of caution.

The fact that more than 3 million people have already seen the video and that it has been written up in major newspapers and featured on major television networks around the world since we first posted it last Thursday night however causes me to fear that something else is going on here.


Despite these obstacles, we at Latma have no intention of crying Uncle. By tomorrow, we will repost our song on blogs throughout the world. If you already downloaded the song, please post it on your website. If not, I will post a non-youtube version on my site tomorrow with instructions from my webmaster about how to download it.


Moreover, stay tuned for our next video next Thursday night.


If someone is in fact trying to silence our voices, they will soon discover that they are messing with the wrong Jews.


Here's that Fair Use Doctrine from the US Copyright Office
http://www.copyright.gov/fls/fl102.html


"One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of "fair use." The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: "quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report;
reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported."

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.
The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

FL-102, Revised May 2009

[END QUOTE]


"We're waving our own knives......"


SOURCE FOR THE CITED TEXT ABOVE:
YouTube silences Latma, removes We Con the World
Caroline Glick June 12, 2010, 6:01 AM
www.carolineglick.com/e/2010/06/youtube-silences-latma-removes.php



WANNA SEE IT?

The music video can still be found at:
http://wejew.com/media/8629/Flotilla_Choir_Parody:_We_Con_The_World/
As well as:
http://sharecrazy.com/beta/daily/3693/gaza-peace-flotilla-fundraiser


It is your democratic right, even your duty, to expose yourself to humor, satire, and strong opinions - particularly if a bunch of people wearing pinstripe suits object.

ESPECIALLY if the pinstripe brigade objects!


"The blogosphere and the new media are basically a war zone in a battle for world opinion"
------Major Avital Leibovich


Surely you can decide your own brain-content? Do you really need a bunch of corporate weasels telling you what you can or cannot hear? Do you really think that Silicon Valley types (yoga, wheat-germ, crystal healing, no dairy, and similar self-importance boosting fluff) are in any position to dictate your thoughts?

Watch the video!

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Please note: all links above were included in the interest of both fairness and providing substantiation for the opinion(s) cited above. So also the half quotes around the word 'censored' - like all true-blue Americans, we quake at the prospect of our corporate leaders (Google, et al) being pissed at us, and sending a troupe of trained assassin-gibbons to whack us. Honestly. Content is the property of the respective copyright owners (Google, Youtube, Google, IHH, World Con, Google, Erdogan, Google, Caroline Glick, Google, Latma TV, Google, Violent Provocateurs, possibly also Turkey, plus Friends of Hamas, and the already mentioned SRP's - and Google), we're just here to let you form your own, corporate-approved, opinions.
Did I already mention the half-quotes around the word 'censored'?

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NOTES:

From Wikipedia: "Fair use and fair dealing - Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. § 107, permits some copying and distribution without permission of the copyright holder or payment to same. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are:
1.the purpose and character of the use;
2.the nature of the copyrighted work;
3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4.the effect of the use upon the potential market for or value of the copyrighted work.

SOURCE: http://en.wikipedia.org/wiki/Copyright

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Please note again: the cited links are included in the interest of both fairness and providing substantiation. We would not want to be found wanting by pinstripers in any of this, as we respect and love them for their attempts to shield us, always, from opinions which might upset us. Or upset European socialists and 'Homicidal Middle-Eastern Religious Fanatics'™, who we have been lead to believe, ARE AN IMPORTANT DEMOGRAPHIC!!!
Until the Europeans declare bankruptcy, like all loyal drones, we will respect their purchasing power, and as for the 'Homicidal Middle-Eastern Religious Fanatics'™, we are keenly aware how important that market is, too.
Did I already mention the half-quotes thing?

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5 comments:

bacci40 said...

has nothing to do with youtube being anti israel and everything to do with copyright laws in different countries

a few people who have made parody songs have seen all their stuff taken down due to the copyright laws in europe

SJ said...

The video is back but now it uses Hebrew instead of English subtitles.

Steffy said...

has nothing to do with youtube being anti israel and everything to do with copyright laws in different countries

Google and Youtube are headquartered in the United States - why would European laws be put into effect here? Do the Europeans have some hold on courts in the US?

This is in some ways similar to the Muhammad cartoon issue - the Europeans may censor, in their sphere of influence; their lawas are not our laws, their actions should not affect us.

Anonymous said...

A turkey and a pog? Just loooove those embedded links in the 'please note' paragraph!
;-D

DrMike said...

I wonder why Warner/Chappell Music didn't object to this parody (which is another fine example of the Fair Use Doctrine):

http://www.hulu.com/watch/131066/saturday-night-live-we-are-the-world-cold-open