Matthew Yglesias / proudly eponymous since 2002

I still think the one of Bush singing John Lennon's "Imagine" from a few months ago is better:

http://www.youtube.com/watch?v=VAWtTDzap_s

Posted by: Charlie Tangora on October 28, 2006 03:24 AM

Yeah, that's some good stuff, at 4 AM too. Youtubes want to be free!

Posted by: Neil the Ethical Werewolf on October 28, 2006 05:17 AM

"I believe the video in question is, technically, illegal as it involves appropriating a copyrighted work."

Is it technically illegal? The audio recording doesn't appear to be appropriated.

"I also think any fairminded person would think that enforcing a legal regime that would prevent the world from watching this would not serve the public interest."

I am a fairminded person under your definition.

But it's worth noting that, technically illegal or not, the current legal regime isn't preventing anyone from watching this.

Posted by: Petey on October 28, 2006 09:09 AM

Um, the audio recording wasn't appropriated, Petey? You think they got permission from the Clash, or the label, to use the song? I doubt it.

Posted by: Al on October 28, 2006 09:16 AM

If that isn't permitted under current law, it's an example of why our intellectual property laws are brain dead and worse. Pernicious.

Posted by: Jeffrey Davis on October 28, 2006 09:29 AM

Al, I doubt they did so, but they could have paid the compulsory license fee to the SoundExchange for rights to use the sound recording to this Clash song. No need to bother with contacting the label or the band itself.

Posted by: fnook on October 28, 2006 09:30 AM

"Um, the audio recording wasn't appropriated, Petey? You think they got permission from the Clash, or the label, to use the song?"

Unless I need to stop sniffing so much glue, that ain't the Clash's recording. It's a cover recording.

Posted by: Petey on October 28, 2006 09:34 AM

And while this is connected to the topic at hand by only the slimmest tangent, I'll note the most fascinating weblink I've seen this week. It's a sorting of Netflix recommendations by most loved, most hated, and most simultaneously loved and hated.

It's interesting, in part, because the Most Loved list is almost entirely comprised of awful movies, while the Most Hated list is chock-full of exceptionally good movies.

Posted by: Petey on October 28, 2006 09:42 AM

Unless I need to stop sniffing so much glue, that ain't the Clash's recording. It's a cover recording.

I'm not much of an expert on copyright - it seems as though others here are more than me - but as I recall, there's really 2 parts to copyright of songs. There's a copyright as to the actual sound recording (i.e., the Clash version of SISOSIG), and there's also a copyright in the notes/lyrics (i.e., what the songwriter did). So even if the Youtube version didn't use the Clash version of the song, the makers would still ahve to worry about the copyright in the notes/lyrics.

Posted by: Al on October 28, 2006 09:52 AM

"There's a copyright as to the actual sound recording ..., and there's also a copyright in the notes/lyrics"

Yup. But from my nescient understanding of copyright law, notes/lyrics have more liberal fair use restrictions than recordings. In other words, the excesses of DMCA don't apply to cover recordings.

But even if we suppose this is technically illegal, my original point remains: if this is not being sold for profit, I believe it would be extremely unusual for any legal authority to try to stop its distribution. Jaywalking is technically illegal in NYC, y'know...

Posted by: Petey on October 28, 2006 10:03 AM

if this is not being sold for profit, I believe it would be extremely unusual for any legal authority to try to stop its distribution.

That's not true. It's not as if Microsoft (and the courts) are fine if I start distributing pirated software, just so long as I don't make any money for it. In fact, that gets less true with the growth of the Internet, as the cost of distribution has dropped to near-zero and so no longer provides much of a barrier to profitless distribution.

Posted by: SomeCallMeTim on October 28, 2006 10:14 AM

I believe it would be extremely unusual for any legal authority to try to stop its distribution.

That's kind of a weak peg to hang a bad law on, isn't it? "Well it's illegal, but we won't arrest you for it, probably." A few laws like that and everybody's a criminal.

Posted by: neil on October 28, 2006 10:59 AM

As the commenter above noted, there are (at least) two copyrights in "Should I Stay..."

This video would likely be a good candidate for a fair use defense for its infringement of the music/lyrics copyright, being clearly a parody and doing absolutely nothing to subvert the market for the original.

Even if not, the Clash could not FORCE this off the air, but could insist on the compulsory royalties dictated for cover bands.

Posted by: dj moonbat on October 28, 2006 11:24 AM

I'm not familiar enough with the audio recording of "Should I Stay..." to say whether they've cribbed the guitars from that ©ed work. If they did, they would still have a fair use defense (possibly), but the compulsory royalties bits would not apply. Remixers and the like don't have the right to force an original artist to let them ply their trade, the way cover bands can.

Posted by: dj moonbat on October 28, 2006 11:58 AM

I would think that, in the U.S, at least, this would be allowed as a satirical re-imagining of the song.

Posted by: collin on October 28, 2006 12:05 PM

I'd like to see one of Bush doing Cheat.

Posted by: godoggo on October 28, 2006 12:36 PM

Anyway, it's also interesting that the super-mashup part ends in the middle, followed by Blair's closing remarks, edited for the beat but not obviously chopped up other than that. It doesn't even return to the song for a closing refrain. All of which leads me to wonder what the intent of the mashupper was, since I ultimately didn't get the impression that Blair was being as mocked as the first half promised.

Posted by: DonBoy on October 28, 2006 02:37 PM

For what it's worth, one thing that might hurt the fair use defense here is that a court might view this as a satire that uses the song to poke fun at Blair as opposed to being a parody of SISOSIG itself. Courts are more likely to treat parodic uses as fair use than they are satirical ones, though the line between the two is pretty arbitrary.

Posted by: nobody on October 28, 2006 02:51 PM

Petey said: "But even if we suppose this is technically illegal, my original point remains: if this is not being sold for profit, I believe it would be extremely unusual for any legal authority to try to stop its distribution. Jaywalking is technically illegal in NYC, y'know..."

I think it is a bad idea to have laws that are routinely violated and seldom or randomly enforced, since this breeds disrespect for the law in the eyes of the public. Such laws would include not only overly stringent copyright laws, but also overly restrictive speed limits, laws prohibiting the smoking of marijuana, and the aforementioned jaywalking laws. The obvious historical example of this, of course, is Prohibition.

If the law doesn't match up with a people's intuitive sense of right and wrong, then the law needs to be changed or else it will cause the entire system of rule of law to be called into question.

Posted by: Firebug on October 28, 2006 02:54 PM

if this is not being sold for profit, I believe it would be extremely unusual for any legal authority to try to stop its distribution.

The relevant question is not whether a given work is being sold or given away, but whether the distribution of infringing copies will have a negative impact on the market for legal copies. That inquiry is not, in itself, dispositive of whether you're talking about a fair use, but it's a very important consideration in courts' minds.

Posted by: dj moonbat on October 28, 2006 03:30 PM

I'm not much of an expert

You could have stopped there, Al. *snicker*

Is there a HTML entity for the P-in-a-circle that signifies the performance rights, as opposed to the copyright?

Posted by: pseudonymous in nc on October 28, 2006 03:31 PM

All of which leads me to wonder what the intent of the mashupper was, since I ultimately didn't get the impression that Blair was being as mocked as the first half promised.

I thought it was pro-Blair.

Posted by: Al on October 28, 2006 04:00 PM

Is there a HTML entity for the P-in-a-circle that signifies the performance rights, as opposed to the copyright?

I've never seen a "performance right" symbol (performance rights are part of the 'bundle' of copyright privileges), but here is a page with all the HTML entity escape codes.

Posted by: dj moonbat on October 28, 2006 04:07 PM

The funniest part is if they did use the Clash recording, it would have been awesome, but as it is, the instrumentation on it sucks.

Posted by: Amanda Marcotte on October 28, 2006 04:17 PM

"as it is, the instrumentation on it sucks."

Damn straight.

Posted by: Petey on October 29, 2006 03:12 PM

I know you were probably being facetious but what the hell. I have to disagree about the copyright issue. Ironically, you included the reason for my disagreement right in your post. You referred to a copyright "regime." When supporting a "regime," one by necessity takes the good with the bad. While the specific application of copyright to this specific song attached to this specific video may be more in the public interest than compensating the artist, the "regime" as a whole is probably much better for society than is this one particular video.

Posted by: Patrick on October 30, 2006 04:19 PM

The relevant question is not whether a given work is being sold or given away, but whether the distribution of infringing copies will have a negative impact on the market for legal copies. That inquiry is not, in itself, dispositive of whether you're talking about a fair use, but it's a very important consideration in courts' minds.

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Posted by: yarışma on December 10, 2007 08:42 AM

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Posted by: Aydınlatma on December 11, 2007 09:08 AM

If that isn't permitted under current law, it's an example of why our intellectual property laws are brain dead and worse. Pernicious.

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