Grouper, which won the acquisition lottery last year and is now part of Sony, is beginning to take down user videos with copyrighted content.
The Grouper blog post discussing the policy says music from Universal is being taken down starting immediately (see our coverage of the Universal lawsuit against Grouper). Grouper is using Audible Magic’s sniffing software to find the offending videos, and warned users of the change last month.
It looks like the removals aren’t limited just to videos containing Universal music, either. Robert Mowery, a Grouper user, forwarded a take down email today involving a certain Kenny G song, Midnight Motion. Kenny G’s label is Arista, a subsidiary of Sony and a sister company to Grouper. This comes just after recent news that Sony was softening their stance on this kind of thing.
He writes “The video they mention here was set up as Private view only for family and friends, so it is not even on mainstream. Second, my wife and I put the family video together and used one of the Kenny G CD’s that I had bought for her to pull music for the video. So, not only did I use purchased music – it was for private viewing.”
Here’s the email from Grouper:
TOS Violation Notice
Dear Grouper User,
This is to notify you that we have not allowed the following video clip to be posted on Grouper.com because the audio portion of the content appears to be unauthorized by the copyright holder:
Title: The Kids Enjoying Summer in July 2006
Description: Liam, Jacob, and Madison enjoying summer moments of Liam’s birthday, swimming lessons, and Madison’s Christening.
Video ID: 1436087
Artist: Kenny G
Song Title: Midnight Motion
Record Label: Arista ContemporaryPlease Note: Repeat incidents of uploading material alleged to infringe a copyright will result, at our discretion, in the deactivation of your account and all videos uploaded to that account. In order to avoid this, please delete any video to which you do not own the right, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about Grouper copyright policy, please read section (3) of our Terms of Service agreement (TOS). http://grouper.com/tos/
If you believe this video was removed or disabled in error and the video does not violate anyone else’s rights (including rights in the audio portion of the video), please provide a written communication showing that you are the copyright owner or are otherwise authorized by the copyright owner to make this restoration request, including:
Your physical or electronic signature
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that (1) you have a good faith belief that the material was removed or disabled as a result of error and your posting of the material does not violate anyone else’s rights and (2) you are the copyright owner or are authorized by the copyright owner to upload this material.
This written communication should be sent to:
Copyright Violations
Grouper Networks
475 Gate 5 Road, Ste. 255
Sausalito, CA 94965Or email: copyright@grouper.com
By submitting this written communication, you acknowledge and agree that we may forward the written communication and other communications with you to third parties for verification.
We will investigate your claim as quickly as possible.
Thanks,
The Grouper Team
Personally, I wouldn’t mind other video and music sites taking a similar stand again the inclusion of Kenny G music in user generated content.
My thoughts exactly! Respect my IP! Wait, are you making fun of me?
Very funny, Kenny.
Come on now, who doesn’t love Kenny G?
on a side note, apparently the entertainment business has a strike looming because of internet, video, etc. – the performers/actors aren’t getting revenue on songs downloaded, other content and now everybody’s talking strike to try to work it out. I wouldn’t listen to details during dinner (bad Patricia) but I think it’s interesting how the web’s shaking up that industry right now.
I just don’t get it!
Taking down a homemade video just because the background music???
What the music studios are thinking?
In order to actually steal this song a user must do:
1. Download an application that can rip/download a flash movie from the web
2. Find and use some kind of audio/video application (which does not exist in Windows XP installation) to rip the audio track from the video
3. Hope that the audio track was recorded in high quality and that the video did not have any other sound
Now – If a user is so desperate to go over all this trouble just to get the song – let’s face it. This user will never buy the CD anyway!
All those home videos are simply free viral advertising for the songs and artists.
By fighting against them the music studios not just alienating themselves from their market, they are also just hurting themselves.
Shahar – your first mistake was to bring logic into the argument.
Oh god, when will the artists start abandoning the record labels… millions of products make it to store shelves without going through some huge, slow, stupid corporation that sues all its members’ customers.
I haven’t find it in TOS and Privacy policy and in seems that access to a private media files is not covered there. But I guess, nobody wants that someone from Grouper’s staff will watch her private videos. Especially, if she is Paris Hilton.
These guys are swinging the hammer pretty hard here. Do you really think there is a need for another user swap service?…. With restrictions?
Finer issues need additional coding,
No software developer prognoses all possible scenarios.
http://www.tekn...ld.blogspot.com
This is exactly how Nazi Germany started.
hey eaysy on Kenny, Like someone I know sayd when their band was being woo ed by Arista, on their way up to a boardroom with one of those milion dolar views – Kenny G was playing and the young exec proudly mentioned that they do Kenny G – she responded without thinking about the possible impact on their potential deal, – ’shit, It never even occured to me that someone has to actually make and market ellevator music…’
I play Kenny G music to my plants. It somehow comforts them.
It’s so hard to forecast ahead of time as to what will happen with algorithms dedicated to screening and sniffing out copyrighted material… But, as I’ve heard Daily Motion, Youtube, etc. are already on the bandwagon on this…
But, companies are softening up with regards to user content and copyrighted material as long as they can find a way to monetize and share in ad revenue…
So, who knows if Kenny G will be forever banned from grouper… But from the sounds of these comments, he will be banned from all other music sites =)
“…won the acquisition lottery earlier THIS year and is now part of Sony, is beginning to take down user videos with copyrighted content.”
Welcome to 2007 Mike:)
Audio detection/matching is much simplier problem (in terms of algorithms) than video detection. That’s why the UGC sites are starting with detecting copyright audio music.
So this brings up the question- if a UGV user makes a video, adds a soundtrack using a song that they bought or recorded from the radio, posts it somewhere for his friends- what law is broken? And does it make a sound if no one is around to hear it?
Quite amazing that other sites, like DailyMotion just let user post full movies and stay off the radar
(Full Borat movie, anyone? http://www.dail...i4_borat-part-1 )
At the same time, media companies are giving a hard time for Grouper over a private video w/KennyG bg music.. BTW, unlike grouper, DailyMotion are growing fast (Alexa 100 soon).
Where sites like http://alluc.org are the mininova of online video..
Zaid – oh yeah.
The Taliban in Afghanistan had a total ban of music, whereas the “Copyright Taliban” (such as RIAA and Universal Music Group) in the West wants to ban people from using music as soundtrack for their home videos.
The comic relief of banning Kenny G’s music notwithstanding, this situation is entirely tragic and an insult to all the free-speech proponents in the civilized world.
The small independent record labels must be smiling as they read this storyline. Another RIAA gun practice: place barbed teflon-coated PR bullet in chamber; now shoot self in foot.
Sony BMG had to think long and hard to top their Rootkit spyware fiasco — however, with Grouper’s help, they may just have another winner here. Bravo to the Sony/Grouper PR team who created this email communication.
Also, when I read the words “under penalty of perjury” in the text, I wondered how many people immediately closed their Grouper account. That was the intent of this email, right? To make the recipient want to leave Grouper.
Arent there bigger fish to fry than somebody using Kenny G of all people for their family home video?
Not only is it a horrible use of time and money but they are taking away free marketing. Who is to say that someone doesnt hear that song and goes straight to Itunes? These record companies need to reallocate their time.
This is just another example of the tendency of old media executives to cringe and lash out blindly in a desperate attempted defence of their jobs in the face of something they just don’t understand.
Who would ever have foreseen that the music and movie industries, for most of my life seen as the very epitome of ‘cutting edge’, would suddenly be stuck like rabbits in the headlights of the oncoming truck bearing, if they could only see it, opportunities beyond their dreams for the exploitation of their catalogues.
It really does shed light on what must have been some woefully inadequate hiring policies in the 80s and early 90s that there is such a dearth of imagination within the major recording and movie studios that they cannot step up to the ‘web plate’ and make the sort of money from it that appears to be perfectly possible to guys renting offices over pizza parlours.
This is so primitive that sometimes it’s hilarious. I guess this is how the industry would have been back when homemade videotaping and editing first started taking hold, had the media gotten out and about, as it is now. Just think! I’m sure there are literally thousands of homemade videos with–gasp–music from big name record labels on it. OH NO!
It seems very stupid, really. I think if Universal and other record labels wanted to help their industry, they would allow usage such as this, provided users linked to where one could purchase a CD or download of the music. It’d be free advertising. If anything, it reminds people of certain songs and perhaps makes them want to purchase them. And, let’s be honest, just how many people were going to watch “Madison’s Christening” to the point that it would harm their label?
All Universal and other labels do when suing people is make enemies–enemies of those people and enemies of other buyers. But, well, if they can’t understand that, I guess they’ll just continue to lose money.
Based on the KennyG comments I guess I should have opted for better music choice – so seems best thing to do is send the CD to Mike for his listening pleasure
On another note I agree with comments here regarding record labels being greedy vultures. Since I purchased the CD, my assumption was that I owned this music to utilize for non-commercial purposes of course. Like Shahar mentioned – this could be used to better market the artists, but RIAA is strong arming everyone – because they fear the future, when the artists get smart and say goodbye to records labels, management, etc. and the artists get all the profit. Personally my money and support now go to independents and anyone releasing in creative commons.
The bigger headache and problem that I see is for all the social networking, video sites, filehosting sites, etc. Will the record labels, RIAA, and MPAA try to get laws passed that require the sites or the creators of those sites to monitor all conent or be subjected to some fine, etc.?
What does this mean for creative freedom? Next thing ya know the RIAA and MPAA will be going after independent music or film creators to try to stop them from cuttting into their market share – not sure how they will do it, but certainly they will find away – after all their livelihood is in jeporady.
Patricia’s mention of a strike by the talent, could be the best thing ever. Time to pay the artist, musician, actor/actress, etc. the bulk of the $$ and cut out the fat middle man raking in all the profits.
Next thing ya know the RIAA and MPAA will be going after independent music or film creators to try to stop them from cuttting into their market share – not sure how they will do it, but certainly they will find away – after all their livelihood is in jeporady.
Easy. Start copyrighting musical elements.
This questions the difference between our rights as the purchaser vs the rights of the artist/music lablel….We do our rights as the consumer end? Am i only allowed to listen to my music myself with headphones? I mean this gets to be a bit ridiculous when music companies go to this extent to stop us from even enjoying the music we purchase. Why should I purchase music when i can’t even play it in a private setting for my family or friends (especially when it is in the background)? At some point, we need to make it clear to the record companies that it is our right as the consumer to play music for our friends as long as we are not trying to profit off it or take away profit from the artist/company.
Aren’t there bigger fish to fry than somebody using Kenny G of all people for their family home video?
Not only is it a horrible use of time and money but they are taking away free marketing. Who is to say that someone doesnt hear that song and goes straight to Itunes? These record companies need to reallocate their time.
_______________________________________
K-duh! A classic example of old executives not understanding modern markets, though what is modern or hard to understand about free promo. listen to an old AC/DC video or hear the song behind your nephew’s skateboarding video he made and sent you a link to, and possibly you’ll get get charged up to go buy that old album you’d half forgotten about.
How do these execs justify their paychecks?
Bla bla bla.. but the topic is interesting!U
Kenny G!? Good lord – lol – All I remember about Kenny G is Garf from Wayne’s world in the Dentist Chair! haha