Copyright Infringement (again…)

Dear ArtRavels:

We have disabled the following material as a result of a third-party notification from Cunningham Dance Foundation claiming that this material is infringing:
Merce Cunningham’s Nearly Ninety

This is the second copyright strike against your account. A single additional claim against your account will result in the termination of your account. To avoid this, delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube‘s copyright policy, please read the Copyright Tips guide.

If one of your postings has been misidentified as infringing, you may submit a counter-notification. Information about this process is in our Help Center.Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was disabled due to mistake or misidentification may be liable for damages.

— The YouTube Team

Yesterday I received that email. This being the second infringement, I must seem like quite a hooligan. The first video removed for copyright included clips from The Public Theater’s production of A Midsummer Night’s Dream. After learning a lot about Actor’s Equity I was less surprised that my video was taken down. It’s probably for the best, if only because the stream of comments (which on Youtube seem to be inordinately nasty) was starting to get to me.

This video was also a clip of a performance–about 2 minutes from what I recall–of Merce Cunningham’s Nearly Ninety, a performance that happened shortly before the choreographer’s death. I don’t know if there is a Dancer’s Equity involved, but again it’s disappointing. I posted it with the best of intents: to share something awesome that a lot of people hadn’t had the opportunity to see. Because it was such a short clip giving full credits to the organization and because I wasn’t trying to capitalize on it any way, I’m unclear how it harms the Cunningham Dance Foundation. I suppose if I were them I might argue that I make the performance look bad, with my grainy clips taken from my nosebleed seat of a few to 30 seconds breaking up the flow of the piece. I’m amazed that somebody noticed my video of a year or so ago at all, and then proceeded to take action to have it removed.

Le sigh…

4 thoughts on “Copyright Infringement (again…)

  1. I think we have to take these issues very seriously as copyright abuse can cause such harm to the very people we cherish: writers, musicians, dancers, artists. I try to be as respectful as possible on my blog and I have never ever seen anything on your blog to indicate that you feel or do any differently. Like you, I fail to see how a couple of minutes of unprofessional film of a dance performance can cause any harm. Just the opposite, you stimulate interest in getting out and seeing (and buying) the exhibits, performances and shows you highlight on this blog. Even a casual reading of this blog should be enough to let anyone know that it is completely uncommercial and wholly devoted to doing loving and grateful service to art and artists, not to harming them.

    These people really need to bark up a different tree.

  2. There are a lot of things involved here, as Lorenzo mentions. The point you bring up, that you are promoting/supporting the arts – and artists-, is one that flickr has allowed for with creative commons. This is not allowed for in old-school copyright provisions, though.

  3. These people are pathetic.

    It is thanks to the passion and enthusiasm of people like yourself that the arts manage to survive today’s challenging environment.

    You haven’t uploaded a whole performance, robbing anyone of any potential revenue. On the contrary, you’ve actually placed an advertisement.

    I really wonder about the small-minded mentality of people who scour YouTube looking for material.

  4. Thanks guys…I feel less like a criminal! 😛

    I considered protesting to Youtube that it fell under the “fair use” clause, but I tried that with the first video to no avail.Also if the Cunningham Dance Foundation cares so much, I feel like that should have it. They are much more invested in Merce Cunningham’s legacy than I am (even if I think there decision is reidiculous).

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