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Thank you. I have sent an email pointing him to this thread.

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Originally Posted by ando
They'd also be liable for all costs when they lose.

Unfortunately, it doesn't work that way here.


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Originally Posted by Piano*Dad
And EMI, I will hire a lawyer if you persist! Maybe that's the only way I can get satisfaction. Hire a lawyer and spend $1,000 to defend a YouTube video. OK, they're on. Warpath.

Of course you know, this means war!



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Thanks to maxmila! Norman Lebrecht took an interest in this issue!

The Slipped Disc: Norman Lebrecht's Blog

Now I have to hope that someone at EMI notices.

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In the "old days", we did not wait for "someone" (especially an anonymous corporation) to notice something we did. We made a telephone call. If that did not get results, we went there in person, or sent a representative, in person.

If the issue is that important to you, do something real.


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You live in NY Ed. You can go there in person. I live in VA. It's quite a hike. I have sent a written piece of mail to EMI. That's a pretty old-fashioned remedy, don't you think? Perhaps you haven't read the thread very thoroughly. A phone call to an automated answering system is not particularly useful. In the olden days a real human being answered, but these aren't the olden days. These days email is a quicker route to nirvana. But EMI has done a good job of keeping those personal email addresses out of view. I suppose I could ask someone in NY to waste a day wandering over to EMI headquarters, but I'm trying other methods first.

I would have figured that interesting Lebrecht to post on the issue was "doing something real" in today's world, but apparently you disagree, and disagree enough to take a snarky attitude. Yet I may ultimately get through to EMI, and/or get an email address on the inside, via that very public blog post.

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I am with you on the frustration end! If I finally understand this correctly, your main complaint is that EMI employs little automated software gadgets that search for infractions of their recording contracts. They are attempting to protect their revenue, and in so doing, “protecting” things that are not theirs..

So, the gadgets are MODERN, and ineffective. And so are your efforts, to date.

It seems everything done here is oblique, tangential, and impersonal. We make a general, written complaint on a forum of mostly strangers. We correspond with, and seek advice from, people who do not give their real names. We call 800 numbers. We push “3” if we would like to hear the message in Spanish. We leave voice messages on machines. Instead of seeking someone’s real address, we are preoccupied with eMail “addresses”. We compose eMail letters, and copy them to a public forum (of anonymous strangers). We send an electronic note, and consider that communication. We interest a third-party in our problem, and what does he do? He puts it on his “blog”. (Now. there is decisive action!) And then we HOPE that someone at EMI notices it. Seriously?

If the issue is really that important, do something real. You call it “snarky”, and I call it advice (from someone who does use his real name.)


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Just for the shake of clarity: It's not *exactly* EMI who's employing some dodgy automatic: It's youtube (ergo google actually, since youtube is owned by google).

So one should be careful how to word out any complaint, because the problem lies both at EMI for choosing how to fight copyright infringement and youtube/google for not putting out a better software.

Which, in fact, could be just a software judging names and titles and tags and nothing else (and that would be dead easy to do for a home computer, but for the zillion servers that youtube has?!?!? Yikes...). I wonder if contacting youtube/google would do a better job than contacting EMI?

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I have contacted Youtube mannnnnnnnny times over this matching software. I usually get a nice reply from the "youtube team" pointing me to some FAQ and wishing me a nice day.

On occasion, I have winkled a real response out of them, including an email address of someone at one of the firms.

I decided to go web nuclear on this one because the EMI complaint led immediately to the shutting down of the video, and because EMI reiterated its complaint (and shut the video down again) all without bothering to go beyond YouTube's automated matching juggernaut. Don't mess with an annoyed piano dad. smile

In fact, I don't think I have said anything scurrilous about EMI. I acknowledge their interest in protecting the intellectual property of their clients. But they should acknowledge the damage they do to innocent bystanders like my son.

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Give it up, PianoDad--- just retag the vid as "Daniel Barenboim Plays ______" and post it back up. Maybe it will do more for your blood pressure than by going at it the other way.

I think the cable or broadcast networks would be a better bet for the squib than your local station; they are always looking for fluff to fill out a segment or fill up a column end, especially if the content is cheap or free, eg you supply the video, sound, text, and make the fact-check easy for them. And if it fits in with a narrative familiar and dear (or not so dear, but well-known) to their viewers--- your chances are good with this story.

Do we not recall some similar capers of other musicians? [1] A guitarist whose instrument was killed by an airline (which blew off any responsibility); his song mocking them--- by name--- went viral in the millions, then the networks picked it up. The carrier came crawling in the end, but their name was already mud, and the guitarist got some ink. [2] The Starbucks guy who posted a vid of his song, mocking certain plumpish customers. Fired, of course, but it got some attention, which is gold to a performer. I think the worst of that one was that he pointed out that non-fat moccha frappucinos do not actually make you non-fat. I guess Starbucks has never heard of Randy Newman. [3] Not in the same category, but I can't resist: tone-deaf William Hung covering "She Bangs." Being a cult sensation may not be all that, but it's something--- and I'm sure your boy is better; anyone is.


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I had a very nice chat this afternoon with the Senior Director of Legal Affairs at EMI. He was quite apologetic about this episode. Apparently my two videos fell through the cracks as they were upgrading some systems. Usually, appeals get a personal review. Mine didn't. He said classical audio presents the biggest identification problem. The matching software is really bad at generating false matches. On the pop side of things, he said that most of their claims actually are solid. He gave the example of some parent who makes a video of their daughter dancing, and they use some pop tune as the background. The filters catch this. The parent appeals, not realizing that the use of a copyrighted song as background is a problem.

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So problem solved? Is the video back up?

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Originally Posted by Piano*Dad
I had a very nice chat this afternoon with the Senior Director of Legal Affairs at EMI. He was quite apologetic about this episode.

I am NOT trying to stir things up again, but I am very curious. Was this "nice chat", that apparently got some satisfaction, on the telephone, in person, or via electronic mail?

Ed


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Dan,

Yes, yes. They were back up quite quickly after I sent him an email yesterday. And I only found that point of contact though the good offices of Norman Lebrecht's blog post on the subject. One of the comments contained leads for the legal team inside EMI.

Ed,

The email/Internet/blog approach worked in the modern world.

Yes, the final conversation was by phone, but I only discovered him via Lebrecht's rather long distance (UK) intervention, and that happened almost effortlessly because an email to him in Britain was easier than pie.

We had a very good conversation about the shifting legal, technological, and policy environment of the recording industry. I now have his email address, and his phone number, in case this thing happens in the future.

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P*D - <applause>

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Hooray for Piano*Dad and his Piano*kid!


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I have a flute*son as well as a piano*son, and both have had their videos tagged this way. Worming my way into these corporations is becoming a real sport. smile

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BTW, one suggestion I made to EMI is that they should encourage YouTube to build a small email address book so that YouTube users who run afoul of the matching software have a direct email address for each of the firms that uses google's automated system to initiate copyright claims. That email would be tagged to formal appeals, and using it would trigger a personal review. These reviews actually take very little time. Most are cut and dried.

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That is fantastic news! Congrats.

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Congrats dad!

The problem, though, still applies. I'm wondering what would happen if YOU had filled a complained that EMI was using your sons recording...

My point is that is it "whoever files the complaint has the last say", or is it "the strong firms have the last say"?

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