YouTube taking down Machinima using copyrighted music

28
Jan
180
nomad

LATEST UPDATE: Feb 28th 2009 - If you’ve been a victim of the take-downs, the Electronic Frontier Foundation wants to hear from you.

I don’t have many details on this, but Obilith reports that YouTube have started taking down Machinima using commercial music:

“Another bad news is Youtube that is taking down some of my machinimas for copyrighted reasons. First it was “Why Do Birds” and now it’s “Something Stupid”. I guess both the Carpenters and the Sinatras needed money for the cryochamber and they might have thought I was stealing from them.”

Further investigation reveals that this is a widespread mass takedown. It’s badly damaging the Sims music video community amongst others. That really sucks. I know some people aren’t too fond of Sims music videos, but they’re as valid a form of expression as any other, and the best ones are stunningly impressive. I’d hate to see “The Highwayman” removed from YouTube, for example.

Apparently a similar thing is happening in the world of Anime Music Videos. It looks like this is the result of an automated scanning process - Russell Boyd says

“One of mine has even been pulled right after the upload, so it’s an automatic process. Another couple have dropped off at random periods, probably the time it takes for the fingerprinting software to scan the archives.”

Whose stuff has been taken down?

This has been going on for a few weeks now, and it’s ENORMOUSLY widespread. People who’ve had their movies pulled include:

  • Obilith (top World of Warcraft filmmaker)
  • Trace Henderson aka Lainy Voom (top Second Life filmmaker producing truly stunning stuff)
  • Russell Boyd (Director of the feature-length “Faith Hope and Charity”)
  • JayDee (creator of possibly the most successful Sims 2 movie ever, approaching 10 million views. )
  • Warhawke (another very popular Sims 2 moviemaker)
  • Wagner James Au (journalist and “embedded” SL blogger)
  • James Thorpe (well-known Moviestorm creator)
  • I don’t know the name of the creator, but the first-ever Little Big Planet Machinima has been taken down just a couple of weeks after release.
  • Sasha Rudie aka moo Money (Second Life / World of Warcraft filmmaker and journalist)
  • Selserene (World of Warcraft filmmaker, creator of the popular “In for a Penny” series)
  • Dxvid (longtime Machinima creator in multiple engines, founder of Machinima Premiere and the Online Machinima Film Festival).
  • Phil “Overman” Rice, creator of possibly the most successful Machinima piece ever, Male Restroom Etiquette.

(List constantly being updated)

This is potentially tragic; a case of genuine artistic creation being censored. Sure, many of these creators will upload their films elsewhere, but some won’t, links won’t update, and so on - this is art being lost, possibly forever.

More information

Z-Studios forum post

Sims99 forum thread - apparently one of many.

Several Warcraft Movies threads: here, here

Obilith’s original post

Halo movies reposted with altered music: here and here

Comments

Leave a response

  1. Avatar Trace said about 1 hour later:

    Things are disappearing left right and centre in the Sims community. Some have been hit harder than others.

    This has been going on since before Christmas. The Sims community has actually been hit quite hard (some worse off than others) and it is still ongoing, who knows how many will be eventually pulled. Phil linked to the recent Warner fall out on his forum:

    Forum post

  2. Avatar Hugh said about 2 hours later:

    Can you point me to more links for this? Prominent pieces that have been taken down, etc?

    I want to make some noise about this.

  3. Avatar Trace said about 2 hours later:

    Jaydee’s Helena is an example, arguably the most popular/famous Sims machinima ever made was deleted. If I remember correctly, the original (non censored) version topped well over a million views.

    http://uk.youtube.com/user/jaydee227

    Quote:

    “Helena and Skaterboi videos were disabled due to copyright stuff”.

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  4. Avatar Phil Rice said about 2 hours later:

    So sorry to hear “Helena” was caught up in this, it’s a great video. Last I’d checked it was approaching TEN million views, so yeah it was far and away the most popular Sims 2 machinima on YouTube.

    It’s too bad, but it’s also a risk we all knew about when we made the vids.

  5. Avatar Phil Rice said about 2 hours later:

    Oh, and a link to some of the TS2 discussion:

    http://www.sims99.com/forum/showthread.php?t=26064

  6. Avatar Matt Kelland said about 2 hours later:

    You say “it’s ENORMOUSLY widespread” - just how enormous are we talking about? hundreds of videos? thousands? tens of thousands? Or just a few dozen high-profile videos using music from one or two particularly aggressive and litigious music companies?

  7. Avatar Matt Kelland said about 2 hours later:

    Another thing they’re doing is [http://beatcrave.com/2009-01-15/user-created-youtube-videos-get-muted/] (muting the audio) on videos that violate music copyright.

  8. Avatar Matt Kelland said about 2 hours later:

    Ugh. Unfamiliar markup, followed by hitting “submit” instead of “preview”. Bleh. Stupid blog. Stupid human.

  9. Avatar Trace said about 3 hours later:

    Oh ugg, I had completely forgotten about Restroom Et and it’s 5 mill views, also arguably most famous Sims movie ever made. In my head I was referring more to the 12,000 subscribers and 500,000 profile views on Jaydees youtube page as the main indicator in making her the most popular Sims machinimist there is, rather than just individual videos.

    I can’t link to private conversations, but most people I’ve spoken to have had things pulled. I had another one pulled yesterday, which indicates to me that it’s not just isolated cases, and more will vanish over the coming months.

  10. Avatar Phil Rice said about 3 hours later:

    @Trace - Yeah, JayDee is the king (queen) in both regards! Love her stuff.

  11. Avatar Hugh said about 4 hours later:

    Matt - My best guess from the information I’ve seen so far is that more than a hundred videos have been taken down, possibly quite a lot more. When you consider that the volume of Machinima produced in total isn’t that high, we might well be talking a measurable percentage of all Machinima videos ever being affected by this.

    I don’t know if there’s been any noise from the Halo community about this - I’m checking into that. Certainly, more WoW videos have been taken down - see the link I just added.

    Phil and Trace - thanks for the info. I’ve added it. Please do let me know anything else notable that’s been removed.

    Anyone want to start working on a master list of all films removed?

  12. Avatar Russell said about 4 hours later:

    Worrying indeed, between this and the efforts of Vimeo to pull Machinima in general.

    We can’t argue of course, as the music is copyrighted. All the more reason to go support the many musicians who give out their music for free, see http://www.jamendo.com/

    Youtube does also offer quite an extensive list of replacement music, where I found at least one track to replace what I had on one of my videos.

    Not quite as much impact of course, but then again, should we be relying on the power of somebody elses unrelated music to make our movie good?

    (PS, I was only one of the Directors for Faith, Hope and Charity)

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  13. Avatar Hugh said about 4 hours later:

    There are potential legal defences for this type of use, in the US at least (transformative use, lack of damage to copyright holder, et al). I’ll see if I can get more comment on this.

    From an ethical standpoint, I see nothing wrong with using commercial music for a non-commercial Machinima project. It’s very hard to argue it hurts the artist.

  14. Avatar james thorpe said 1 day later:

    My Video made for the Danish Artist Zindy Neilsen was also pulled. But I have no complaints, Christina Aguilera can have her way with me anytime.

    Its still up on Moviestorms site for all to see though, tee he he. Rock on SF.

  15. Avatar Anthony Bailey said 4 days later:

    I haven’t checked, but you may find a lot of the music involved is owned by Warners. Their licensing deal with YouTube fell apart recently.

    http://blog.wired.com/business/2008/12/warner-pulls-mu.html

  16. Avatar Anthony Bailey said 6 days later:

    Here’s EFFs overview piece (which links back here.) Apparently its not just Warner; the content controls are seeing more use by rights holders in general.

    http://www.eff.org/deeplinks/2009/01/youtubes-january-fair-use-massacre

  17. Avatar moo Money said 6 days later:

    Put me down as losing my stuff too. I received about three notices of making them video-only with offers to swap out the audio in a month’s time. Then Viacom swooped in and I was forced to remove every single machinima with copyrighted music ever made. They threatened to delete my account if I didn’t. I don’t want to upload the boring stuff I did for commission, so it pretty much wiped out my entire collection.

  18. Avatar moo Money said 6 days later:

    Errr I should reword the first statement to receiving three notices within a month where they offered to let me swap out the audio and just muted it.

    I can also point out Selserene in the WoW machinima category. In addition, it looks like they’re pulling raid videos too. In many places across the country, machinimators that liberally used Linkin Park music are crying!

  19. Avatar Dxvid said 7 days later:

    “Nothing Copares 2U”, “Child in Time” and “Sweet T”. Although strangely, given the last one, “The Time Warp” is still there. Maybe the bot hasn’t got around to “T” yet?

  20. Avatar davet said 8 days later:

    My video got yanked first, then muted just this morning. It seems that only the popular music gets pulled. I have some music still up on Vimeo that has non CC music on it. What a joke. Oh well, time to give some unknowns a shot. :)

  21. Avatar SpaceDisco said 9 days later:

    Youtube has taken down tens of MILLIONS of vids in recent weeks, not hundreds or thousands! This is hitting EVERYBODY regardless of what their posting. If they are really targeting unlicensed music they will have to remove approximately 75% of everything posted to Youtube. I hope it somehow effects their revenue stream and people start using other sites, but everything seems to be under the control of big brother now anyway. Are there any hi profile alternatives that offer the upload capacity Youtube does?

  22. Avatar Youtube said 11 days later:

    Hey dudes I’m just trying to stay legal! give me some slack! Ya’lls the one’s breakin the law!

  23. Avatar Dxvid said 13 days later:

    @SpaceDisco - The Internet Archive is one of the best hosts,

    http://www.archive.org/details/machinima

    Apparently its non-profit basis seems to be keeping the sharks from biting for now, although YouTube rolling over so easily isn’t going to help! Poor YouTube, sharks on one side and criminals on the other! Which way are you going to jump?

  24. Avatar davet said 13 days later:

    Let’s stop saying youtube and start saying Google. They are the ones calling the shots and making policy here. Gone are the days of “Don’t be Evil” http://en.wikipedia.org/wiki/Don%27t_be_evil

  25. Avatar Dxvid said 16 days later:

    Now that GooTube have effectively admitted they are trading illegally are they going to hand-over their illegally gained revenues, or is that not part of the deal?

  26. Avatar http://lucindamcnary.com said 16 days later:

    I have never understood why anyone would use copyrighted music for which they do not have permission. There are so many musicians out there who offer use of their music for free in our films, why take the risk?

    And use of copyrighted material can really hurt you. You never know when someone might see your film and want to put it on TV. That is the first thing I was asked when Time Warner wanted one of my films, Yesterday - “Do you have the rights for use of the music in writing?”

    Of course I did and I was glad that I did.

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    it’s just incomprehensible how anything of the kind can happen in the present-day world! awful. it really upsets(

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  32. Avatar Dunker said 267 days later:

    The same things happened to me. They took down the audio-channel and left the video online. So I took the chance to use the “audio swap” of you tube. Means: you switch to a non-copyright-protected audio-track….

  33. Avatar Roller Skates said 267 days later:

    I can also point out Selserene in the WoW machinima category. In addition, it looks like they’re pulling raid videos too. In many places across the country, machinimators that liberally used Linkin Park music are crying!

    This comment has been flagged for moderator approval. It won't appear on this blog until the author approves it.
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