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the legal hounds at it again

I had my second "violation" on youtube for my cover songs. Both time the complaining entity was Cass County Music, the publisher for Don Henley. A quick google search yields a bunch of court cases where Cass County sued every mom and pop they could find who didn't adhere to the letter of the ASCAP rules (like the place in WI who pumped a local radio station over their restaurant speakers and Cass County sued because the ASCAP license with the radio station forbids rebroadcast).

While I suppose the letter of the law dictates that someone playing a cover song on youtube is a violation of copyright, somehow it doesn't really seem to be a violation of the spirit of the law. For instance, I'm not inducing any confusion wrt who owns the song (I clearly indicated the original artist), and I'm not profiting from the work. In addition, I have songs where I do a "lesson" showing techniques with certain songs. These should fall under "fair use" should they be challenged, but of course what individual wants to go to court against a litigious company with hyperactive lawyers.

Oh well...no more Eagles or Don Henley music for me. Don can in fact freeze over in hell for all I care.

Old 03-18-2010, 10:29 PM
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Money is such an evil thing.
Old 03-18-2010, 10:31 PM
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ASCAP is on a rampage, they are on us because some of our entertainers have cover blips on our website
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Old 03-18-2010, 10:39 PM
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Who sent you the violation? YouTube or the original songwriter?
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Old 03-18-2010, 10:44 PM
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youtube sends the warning, indicating who is complaining. Three strikes and you're out - if I get another "violation" they kill my account and vaporize all my videos (130+ at this point).

Feh, easy come, easy go. ASCAP is shooting themselves in the foot though, going after nobody yahoos on youtube. Last dying gasps of the old music industry...
Old 03-18-2010, 10:57 PM
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F-don henley. I saw the eagles in concert once, thought they should have been arrested for loitering. Boooo-ring. I liked their music until I saw them live, wanted my two hours back.

Do some older doubie brothers and forget henley's stuff. It really isn't good enough to justify the hassle.
Old 03-18-2010, 11:13 PM
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This is what happens when an older, almost forgotten artist is dying on the vine. Starts scrapping for every dime from stuff he did 30-40 years ago.
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Old 03-19-2010, 05:02 AM
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Mojo Nixon got it right many years ago re Henley.













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Old 03-19-2010, 05:49 AM
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We went to a Don Henley concert a while back, I still like the music, when he went on a political spout MOST of the audience booed him. He said, Oh, that's right, I am in Orange County. My wife told me he has a right to say what he wants and I said sure, I have a right to boo him. I didn't pay to listen to his politics, I came for music. Just a bad as when we saw Pink Floyd, won't happen again.
Old 03-19-2010, 06:58 AM
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I'm still waiting on my royalty checks from all you guys using my copyrighted phrase "poopyhead"

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Old 03-19-2010, 07:10 AM
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Come get some, poopyhead

Money is no more evil than guns or any other thing is.
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Old 03-19-2010, 07:14 AM
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Quote:
Originally Posted by scottmandue View Post
I'm still waiting on my royalty checks from all you guys using my copyrighted phrase "poopyhead"

I didn't realize BMI stood for "Bowel Movement Inc." Who knew?
Old 03-19-2010, 07:38 AM
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thirty five years ago in new york city at my ex-girlfriends restaurant we received a visit from an ascap guy. wanted us to pay them to play records that we already owned. i thought it was a lot to pay for a decal to put on the front window.
they would also charge you if you had music for those waiting on hold on the telephone.
seemed more like a shakedown than anything else.

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Old 03-19-2010, 09:32 AM
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Quote:
Originally Posted by scottmandue View Post
I'm still waiting on my royalty checks from all you guys using my copyrighted phrase "poopyhead"

Check is in the mail. Hold your breathe....
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Old 03-19-2010, 09:34 AM
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Quote:
Originally Posted by m21sniper View Post
Money is such an evil thing.
Tsk, Tsk.
Money is neither good or evil, but if you want to attract only evil, then this would be a good statement to hang onto.

Money, my friend, simply magnifies the character of those that have it. Most dont have it simply because of statements like yours, built into their belief systems.

With all that free time on your hands you'd think you'd be studying up on the topic a little more? LOL.

As for copyright infringements; I had my bought with that issue years ago; we were using music in our presentations and once we grew to an audience of 5000+ we got shut down; big time!
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Old 03-19-2010, 10:07 AM
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Money is an evil thing. It brings out what is worst in virtually everyone who touches it at one point or another.

Evil.
Old 03-19-2010, 10:13 AM
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As long as you're happy without it; that's what REALLY counts!
Be happy
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Old 03-19-2010, 10:19 AM
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ASCAP and their ilk are merely doing what they are paid to do. The unintended consequence is ironically a further disconnect from the consumers that entertainers rely on. Youtube posters like nostatic are what make it powerful.

Quote:
Originally Posted by m21sniper View Post
Money is an evil thing. It brings out what is worst in virtually everyone who touches it at one point or another.

Evil.
Fine. Send me what you got and start living clean.
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Old 03-19-2010, 10:27 AM
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Quote:
Originally Posted by nostatic View Post
ASCAP is shooting themselves in the foot though, going after nobody yahoos on youtube. Last dying gasps of the old music industry...
When I was in animation, I knew this guy whose sole job was to note down each instrument played in any given short, and relay that to the music union so that person could be paid their residual.

Looney Tunes were the most difficult for this guy, because the cartoons were made with a full orchestra. In fact, that was the reason WB had cartoons at all -- to give the orchestra something to do between movies. Cartoons were only an afterthought.
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Old 03-19-2010, 11:07 AM
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Quote:
Originally Posted by nostatic View Post
I Oh well...no more Eagles or Don Henley music for me. Don can in fact freeze over in hell for all I care.
Hmmmm... I think there is a song in there...

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Old 03-19-2010, 11:47 AM
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