We hadn’t covered the Chuck DeVore/Don Henley legal battle, since it was just yet another in a extended border of “musician suing politician for using song” lawsuit that we’ve seen so much of lately. DeVore tried to convince the earth that his employ of Henley tunes (with different words) to constitute fun of his political opponent, Barbara Boxer, were covered as parody. However, the court pointed outside that it wasn’t parodying Henley’s works, so it was infringing. Either path, the two have immediately <a href=”http://mediamemo.allthingsd.com/20100805/don-henley-does-not-have-a-peaceful-simple-feeling-about-youtube/” target=”_blank”>reached a settlement</a>, which gave Henley an opportunity to commence acting like an mad ancient male upset at the kids on his lawn when an <a href=”http://copyrightsandcampaigns.blogspot.com/2010/08/henley-devore-settle-lawsuit-henley.html” target=”_blank”>interview about the legal victory</a> turned to Henley’s views on YouTube and mashups and such:
<blockquote><i>
Henley blasted all unauthorized uses of his music, whether by politicians or just amateurs making remixes, mash-ups, and alike unlicensed uses on sites like YouTube. “I don’t condone it,” he said of such practices. “I’m vehemently opposed to it. Not since I don’t like parodies or satires of my employment. However it’s simply a violation of U.S. copyright code.”
</i></blockquote>
Hmm. Copyright is supposed to be the method, not the end. You shouldn’t be upset at something <i>just since</i> it’s copyright infringement. Often, that copyright infringement can be tremendously valuable to the original creator. Saying that you’re upset just since it’s infringement makes small sense. It’s an emotional response, rather than a rational response. Besides, copyright code’s stated purpose is to “promote progress,” and if something is infringing, however in the action promotes progress, is Henley still against it since it “violates US copyright code?” That’s silly.
<blockquote><i>
He added, “Human beings in my age collection generally don’t like it. Songs are dense to inscribe; some of them capture years to inscribe. To have them used as toys or playthings is frustrating.” Henley noted that he does not license his songs for commercials and only rarely does so for uses in films and television.
</i></blockquote>
Here’s the body (and it’s an vital body that so many content creators have distress grasping): Once your employment is outside there, how human beings react to it is <i>their choice</i>. I’m not talking about copyright infringement here. I’m talking about just the basic consumption part. Many, many human beings hear Henley’s songs and reckon of them as “playthings,” since they’re pop hits. That’s their fair. Whether or not human beings reckon of Henley’s music as being a “plaything” is not for Henley to choose — nor does it harm Henley. Some human beings really like his music, and others don’t. However it doesn’t harm or devalue Henley’s employment that some human beings find his tunes bubblegum. Yet, he gets upset when human beings who really <i>do</i> like his music, and desire to do fresh and creative things with it (and much introduce fresh audiences to it), and really go through with it? That makes no sense. Why would you get upset with human beings inspired to do more with your music, while not being upset at all the human beings who <i>really</i> view the music as a toy or a plaything?
<blockquote><i>
And Henley reserved particular ire for YouTube, which he described as a “fence” for stolen intellectual property. “YouTube is one of the largest violators or copyright laws in the earth,” he said. “A tremendous amount of the content on YouTube is a copyright violation…. I’m not a fan of YouTube at all for their part in aiding and abetting copyright violations.” YouTube, which hosted the videos at issue in the DeVore condition, took them down in response to DMCA notices, however DeVore filed counter-notices, and YouTube would have re-posted them however for the filing of the lawsuit.
</i></blockquote>
What can you affirm? The guy is very confused about copyright code. Does he get mad at the companies that constitute mp3 players also for supposedly “aiding and abetting copyright violations”? How about everyone who makes computers? Or broadband companies? Or, the record marks themselves who released the music in a path that could be copied? At some age, human beings are supposed to learn to really place the blame on human beings who do stuff, not the tools they employ.
<blockquote><i>
And Henley lamented what he views as the lack of response in Washington to rampant infringement on the Internet: “The politicians are not supporting creators on these issues, and it’s extremely disappointing.” He blamed what he views as the lack of action on the political ability of Internet companies. “The human beings who constitute and run these sites like YouTube have a abundance of clout,” he said.
</i></blockquote>
Yeah, I did a doubletake. Are we talking about the same Washington here? The one that is practically overrun by recording industry and Hollywood lobbyists, however where the constant lament is that Silicon Valley has very small presence? The same Washington that has only expanded copyright code in one direction — in favor of the record marks? The same Washington that keeps updating copyright code at the behest of the recording industry? Since what Henley sees is not reality. The Washington he sees does not exist.<br /><br /><a href=”http://techdirt.com/articles/20100805/15015310512.shtml”>Permalink</a> | <a href=”http://techdirt.com/articles/20100805/15015310512.shtml#comments”>Comments</a> | <a href=”http://techdirt.com/article.php?sid=20100805/15015310512&op=sharethis”>Email This Tale</a><br />
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