Years ago, on a different host and a different URL I got a Cease and Desist from EMI via the MCPS-PRS for a mashup I did…interestingly I haven’t been hassled since then, til now.
I’m mirroring the Beastles ‘Ill Submarine’ and it seems the RIAA & Universal is leading an attack on it, despite the coverage in Boing Boing, LA Times, HuffPo, Slate and many other places – Columbian radio I hear! – it’s being pulled across the interwebs, including the Soundcloud. Unlike last time where I just went quietly into the dark night and pulled my hosting, things will play differently this time.
For a start, Dear RIAA, I will post all conversations here, there will be no ‘chilling effects’ here. You are wrong. Amazes me in 2013 with all the stuff about orphan works, Creative Commons, a rich remix culture and the fact that record companies are double-dealing with getting DJs to create unofficial remixes while publicly attacking them, same with the bloggers (one side is giving them tracks, the other side is threatening to take them down). The record companies and their copyright organisations know they need the promotion, but they don’t want the legal precedent, so thus they bite the PR hand that feeds them.
So here’s the nastygram – I’d appreciate any legal help (Fair Use is obvious as it’s a US host & US company, and also the non-commerciality, this is a bunch of mashups not a full album shared for fun not profit). Popehat? Cory Doctorow?
If it does go sour I’m happy to move host since after PRISM having a US-based host is less than ideal anyway (and Ramnode just got hacked, scarily enough), although ironically the ‘Land of the Free’ have more laws about parody, fair use and even guidelines over allowing video mashups than most places, but the might of the dollar and legal threats still hold sway.
The album? Still up, and will stay up, I won’t remove it unless given a very good reason to do so (vague internet legal threats don’t count).
June 20, 2013
2430 Carlton Way
Macon, GA 31204
Dear Sir or Madam:
I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture and distribute approximately eighty-five (85) percent of all legitimate sound recordings sold in the United States. Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies on matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.
We believe your service is hosting the below-referenced file on its network. This file offers a sound recording for other users to download. We have a good faith belief that this activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.
We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing file from the system, or that you disable access to the infringing file, and that you inform the site operator of the illegality of his or her conduct.
You should understand that this letter constitutes notice to you that this site operator may be liable for the infringing activity occurring on your service. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, you and/or your company may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.
You may contact me at RIAA, 1025 F St. NW, Washington, DC, 20004, Tel. (202) 775-0101, or e-mail email@example.com, to discuss this notice. We await your response. Kind regards.
http://www.radioclash.com/IllSub.zip The Beatles/Beastie Boys Ill Submarine