[b]This article was originally posted on 25 March 2008. Date was changed due to re-interest and NEW DEVELOPMENTS.[/b]
Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by VAN MORRISON / EXILE PRODUCTIONS claiming that this material is infringing:
Brown Eyed Girl (cover): http://www.youtube.com/watch?v=zbg9eyDGncg [b](offline/deleted file)[/b]
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22 July 2008 UPDATE (BREAKING NEWS!):
[i]...The vid is NOW back up, but this time with permission (read on):[/i]
http://www.youtube.com/watch?v=aNnecTicxq0
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[i](back to the original story:[/i]
Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to prevent this from happening, please 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 you elect to send us a counter notice, please go to our Help Center to access the instructions.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Sincerely,
YouTube, Inc.
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[b]My message to Van Morrison / Exile (via MySpace)[/b]
To Van Morrison/Exile Productions:
My band just had a video yanked from YouTube via a DMCA take-down notice. (...as a result of a third-party notification by VAN MORRISON / EXILE PRODUCTIONS.) The video consisted of a still image of our band and audio we recorded live covering "Brown Eyed Girl." We understand that the underlying composition of the song itself is the copyright of Van Morrison, but it was OUR audio recording and images. We think it rather unkind to bully an independent artist (who was making NO money whatsoever - NOR attempting to do so.)
Would you also like us to stop performing the song live at our shows too? (We are covered by ASCAP licenses in those situations, but we can always substitute some other artist's song, including one of our own if you don't want our audience reminded of "Brown Eyed Girl".)
Our band, Electric Gypsy is very disappointed by this action. It's not like we were selling unlicensed copies of our cover of your song or anything of the sort. We just wanted our fans and friends hear us play the tune.
No, we are NOT prepared to pay the Harry Fox Agency (nor directly to you, the author/publisher) for a license to the song when we were doing it just for fun with no intention to profit from the recording. That's just plain stupid. We'd rather just drop the song from our set-list completely and forget that it ever existed. (Perhaps our fans will too!)
Sincerely hurt,
Mike (Shmoo) Steely of Electric Gypsy
and Boycott-RIAA.com