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Threats of litigation over "Paper Moon" vid on Youtube

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Threats of litigation over "Paper Moon" vid on Youtube

Postby Heavy Alibi » 7/1/2009, 7:11 am

Hey guys,

Here's a conversation I've been having with this chick named "Ellen" from Target Audience Magazine, the ones who conducted the Burn Burn review and interview.

It is regarding my Youtube video of Paper Moon, seen here:

http://www.youtube.com/watch?v=r9zcHfELb2Y

Message 1 wrote:...would you do me a HUGE favor and just say where you got that song? Raine Maida owns the rights to his music and he gave Susan Marie permission to play that song in the interview. If you could add text to the video under the album cover or something giving credit to Target Audience Magazine it would really help.

The whole idea of the magazine is to promote individuals who are trying to self promote. Our Lady Peace recorded in home studios and own the rights to the music. It is what so many inspired creators are hoping for.

So, will you please PLEASE give credit to www.TargetAudienceMagazine.com for this song. Wikipedia keeps taking it down and I want the world to know Raine said we could play this song first.

My email is TargetAudienceMagazineEIC@gmail.com

Please let people know about the magazine and full interview. Even if you add that in the videos notes section. THANKS!

~ellen eldridge, EIC
www.TargetAudienceMagazine.com


I then replied with:

My reply wrote:Will Do Ellen!


I then referenced her magazine in my video as to the source of the song.

A few weeks later, she comes back with this:

Message 2 wrote:Hey,

I got a really angry letter from the writer who conducted that interview and she is threatening to sue me. You shouldn't have ripped that song from the interview and released it on youtube because Raine Maida only gave permission to Susan Marie to use it during her interview.

Please take the video down. Now everyone thinks I had something to do with it because I asked you to say you got the song from us. You did, but without permission. It really is bad business and I don't want Our Lady Peace or Raine Maida to think I am an asshole who helped give away his music before he got a chance to sell it. If you are a real fan of Our Lady Peace please take the song down. You could put it back up when the album comes out July 21 :)

Really, though, you know this was wrong. I appreciate the traffic it brought the last few days but please take the viddeo down so i dont get sued.

~ellen eldridge, EIC
www.TargetAudienceMagazine.com


I replied with this:

My reply wrote:Well, if you check out OLP's Twitter, they link my Youtube upload of the song directly so they definitely do not have a problem with it being on Youtube. Jeremy Taggart also links the video directly from his Facebook, so I doubt any of the members of OLP have a problem with the video on Youtube.

OLP themselves own this music independently, unlike their last 6 albums which were owned by Sony Music Entertainment. Raine wanted Paper Moon to be public everywhere, he didn't just release it "exclusively through" the writer who conducted that interview.

Please tell the writer of the interview that she should direct threats of litigation toward either me or Youtube, as you had nothing to do with putting it on Youtube. And she will get nowhere because Youtube protects its users through privacy laws. If it is illegal, then Youtube will take it down. And only Our Lady Peace can ask it to be taken down as they own the rights to it. Not her.

I have, however, removed reference to Target Audience Magazine from my video. There are several other videos of Paper Moon on Youtube anyway, so taking mine down will do no difference.

Thanks,
Slacktoo


So what does everyone think of this bullshit and what should I do? There are plenty of other videos of Paper Moon up on Youtube anyway, so it is pointless to take mine down.
—Doesn't anybody ever know—

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Postby xjsb125 » 7/1/2009, 7:29 am

I'm not sure what the writer is going to sue the Web company over. I'd e-mail the interviewer directly next so you can get both sides of the story.
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Postby Heavy Alibi » 7/1/2009, 7:34 am

Yeah I think I will... do you think the audio track released through that interview is technically their property or is it wholly the property of Raine and crew? If it is then it is pretty much greenlit to put up on Youtube right? Since the band has linked it from their Twitter and so on...
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Postby OLPManiac » 7/1/2009, 7:41 am

For me the rights of the song are of Our Lady Peace...and however also OLP have cited your video in Twitter and Jeremy's Facebook and My Space...
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Postby xjsb125 » 7/1/2009, 7:41 am

The music is the property of the band. The interview is the intellectual property of the interviewer and the web company. I wouldn't say it is a green light to post it, the band doesn't always come right out and say it when they get angry over unreleased songs showing up on the net (see Nikki posting "Vampires").
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Postby Heavy Alibi » 7/1/2009, 7:46 am

Yeah... hope Trusty shows up to maybe give some insight into what the band thinks..
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Postby Trustworthy » 7/1/2009, 10:30 am

hmmm this is strange let me make a call.
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Postby Trustworthy » 7/1/2009, 10:35 am

ok well just got off the phone with a band member.

what he told me was this "tell that guy who posted it he should be quivering in his boots because the hammer is coming down on him"

then he said

"haha, just tell him to hold off till tomorrow until we meet and we will discuss this and some other stuff"

so ya i will have an answer for you from the guys tomorrow late afternoon - sound good?
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Postby Heavy Alibi » 7/1/2009, 10:59 am

:lol: SWEET a band member referenced me!

But yeah no problem, I just don't wanna be putting the song online if the guys aren't cool with it... but they did link it on Twitter and on Jer's Facebook so I'm hoping it's okay... it's got 10,000 views and growing.. it's good exposure for the album
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Postby Codes » 7/1/2009, 11:12 am

I think Paper moon has done more good then bad, I mean People actually like this song lol, after AYDWSML you need some good exposure, just saying lol, people don't seem to be to keen by the comments made on AYD
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Postby Trustworthy » 7/1/2009, 11:39 am

i am sure it is fine, but any sort of static is never good and there is a good chance burn burn will be out there before july 21st ;)

shhhh
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Postby DG » 7/1/2009, 12:12 pm

Trustworthy wrote:i am sure it is fine, but any sort of static is never good and there is a good chance burn burn will be out there before july 21st ;)

shhhh


Oh, really?
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Postby Codes » 7/1/2009, 12:14 pm

well it will be out early me thinks regardless, whether us special people get it for something special, or it leaks by some other external source.
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Postby OLPManiac » 7/1/2009, 12:15 pm

Trustworthy wrote:i am sure it is fine, but any sort of static is never good and there is a good chance burn burn will be out there before july 21st ;)

shhhh


For me this is a joke....or not?
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"Ultimately you must venture out on your own to determine the meaning of life"

"Happiness Is For Idiots"

"The future brings the truth"


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Postby MindsOnLoan » 7/1/2009, 12:15 pm

Trustworthy wrote:i am sure it is fine, but any sort of static is never good and there is a good chance burn burn will be out there before july 21st ;)

shhhh

This excites me. Quite a bit, actually.
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Postby theo » 7/1/2009, 12:16 pm

If a copyright holder has a problem with you sharing their music on youtube, they can submit a copyright claim to youtube and it will be taken down immediately. Until that happens I wouldn't worry about it!
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Postby Random Name » 7/1/2009, 1:12 pm

xjsb125 wrote:when they get angry over unreleased songs showing up on the net (see Nikki posting "Vampires").


whoa really? I don't recall this.
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Well you sipped from the cup but you don't own up to anything
Then you think you will inspire
Take apart your head
(and I wish I could inspire)
Take apart your demons, then you add it to the list.

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Postby Earthless » 7/1/2009, 2:15 pm

Wow. Sounds more like the writer is the one with the issue, not OLP. Thanks Trustworthy for asking them.
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Postby Shanae » 7/1/2009, 3:23 pm

I would figure that OLP wouldn't be too angry about it, seeming as it's exposure and they linked it.

I like how the person who emailed you keeps referring to Raine as Raine Maida. I just thought it was interesting. I'd just call him Raine...

I had a point but lost it. Darn.
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Postby TargetAudienceMagazine » 7/1/2009, 5:04 pm

Hey, I found my way here too :)

All I know for sure is that I don't want to be associated with anything which would hurt an independent band like Our Lady Peace. I am quite sure Raine (I won't say "Raine Maida because you all know him so well...) must have known that allowing "Paper Moon" on the internet for an interview would mean it would leak.
I am an independent magazine editor who values the ability to self promote and create art. I don't know anyone in the band, but I would love to know what they have to say about all this.

I have not heard back from either Susan Marie (the writer) or the PR man. I just don't want to be seen as a hack or lousy media representative.

Maybe OLP planned it this way. lol.

Just keep me informed. I think this is creating more buzz and press for OLP and "Paper Moon" is such an inspirational song I think I will write about it.

I'll let you guys know what I come up with.

~ellen
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