After receiving over 30,000 views in just two days, a video of New York human rights activists commemorating Palestinian Land Day by calling on Americans to boycott Israel was taken down on the evening of April 1st by YouTube. Today, Adalah-NY posted a silent version of the video on YouTube. In the video, originally posted on March 30, more than 30 dancers accompanied by the Rude Mechanical Orchestra surprised crowds at New York's bustling Grand Central Terminal with an unannounced song and dance.
Reposted silent flash mob video: http://www.youtube.com/watch?v=AZulhUV4rQM
The flash mob started with a handful of people and within a minute saw dozens more singing and dancing to a parody of the tune of "Don't Stop Believin’" by Journey. "Don't stop boycottin'," they sang, "Think when you're shopping." They called out companies benefiting from Israeli occupation, and celebrated Roger Waters, Gil Scott Heron, and Elvis Costello, who are among the many artists to have heeded the Palestinian civil society call to boycott Israel until it complies with international law.
On April 1, Adalah-NY discovered that YouTube had taken the video down after receiving a claim of copyright infringement. Hannah Mermelstein from Adalah-NY commented, “The Global Boycott, Divestment and Sanctions (BDS) Movement is growing in influence and power as evidenced by the popularity of our video. We are dismayed that our video has been removed from YouTube and are working to make it available again. We fear that this is but another example of attempts to silence calls for justice and Palestinian rights. But the BDS movement to hold Israel accountable for its crimes against Palestinians will not be silenced.”
In January, YouTube removed a Saint Louis Boycott Motorola Flash Mob video that parodied the Beyonce/Lady Gaga song "Telephone" as the video reached 35,000 views. As was the case with the Saint Louis flash mob video, there are tens of parody versions of Journey's "Don't Stop Believin’" currently posted on YouTube. In another attempt to silence efforts at shedding light on Israeli crimes, in March, a number of groups and the Israeli government attempted to prevent the screening of "Miral," a film about Palestinian women living under Israeli military occupation, at the United Nations in New York.
The Global BDS Day of Action on Land Day is part of the growing international movement calling for a boycott of Israel until it respects the basic rights of Palestinians living under occupation, within Israel, and in exile. The Palestinian-led BDS movement is a moral, nonviolent campaign for human rights modeled on the worldwide boycott movement that helped to bring an end to apartheid in South Africa.
Well, that’s simple to get around. Post it to ShiaTV. ;-)
Message to BDS activists: clear your copyright or write your own songs. They will use every legal trick they can to silence you.
Using the law isn’t any more of a trick than using YouTube in the first place. YouTube’s Ts & Cs state that you must own every part of your video including publishing rights before you post.
If the copyright holder makes a claim, YouTube are bound by law to address that claim. They tend to err on th side of caution, but that’s a business decision, not a political one. See my longer comment below.
Parodies are actually considered legitimate fair use in legal terms. That’s rather why Al Yankovic isn’t destitute and serving multiple prison terms for gross copyright infringement.
Nope, RoHa, parody is 100% protected. If it weren’t, Weird Al would be out of business. But Guilty’s explanation below is also correct.
Or have signs with the words to song. Bouncing ball with the words. Passing this every where I can. Total bullshit. We are watching the way the I lobby shut down the MSM 60 years ago.
This issue of selective “copyright enforcement” (aka political censorship) seems to be a real problem. For those who do not wish to switch to another site, and would like to save youtube videos, that might disappear, I suggest this:
Use firefox and install flashgot (Tools->Add-ons->Get Add-ons, search for “flashgot”).
My youtube page is here, feel free to browse or subscribe (I will post my own interviews with Palestinians in time):
link to youtube.com
An example I had with seeing stuff get pulled?
This video (not mine) was pulled after a few days, then came back up:
link to youtube.com
No idea, but maybe it was a fraudulent claim, yet it was pulled for a significant time, when it was relevant and “fresh”.
Also, when recently in Tel Aviv and the WB, my facebook page was shut down, MULTIPLE TIMES. And I am a 2-stater (only due to realpolitik…. a no stater ideally) with all nonviolent and pro-peace links, often from Israeli websites. I think my Jewish cousin had me shut down the first time, which was 12 hours. Further, an apolitical friend was shut down as well, as he had recently commented. This was not so troubling for me, but in the midst of the Egyptian revolution, I did fear what political medling might occur with other accounts (and it is an issue, as many here must know). The odd thing is, my facebook was always restored, and not a thing was censored. But this is a dangerous reality we have with facebook, especially as it is privately held. And also… as they kept pulling my account to review it- Do they know they could keep it live WHILE they review, only to find nothing? But that would just make sense….
For facebook, should you fear shutdowns, or possible account deletion, you can do this to save your entire facebook database locally:
Account->Account settings->Download Your Information
“This issue of selective “copyright enforcement” (aka political censorship) seems to be a real problem.”
Selective copyright enforcement.
I worked for a number of years as the registered copyright agent for a global video sharing company (similar to, but not as big as YouTube). The policy was very reactive. As soon as someone put in an officially worded claim of infringement, we took down the video. You cannot make a claim for someone else. Only the copyright holder or someone empowered to act on their behalf may make a claim.
In many cases the video may well have passed some “fair use” test but no one was interested in waiting to take things to court. If we received a copyright notice, the video came down.
Companies were definitely selective about sending out notices. We had a bunch of illegal Family Guy clips that helped them sell more DVD box sets by maintaining the underground feel of the brand. At the same time we were receiving takedown notices from the same media company for other properties they owned. Once Family Guy was played out we received notice to remove them too.
All this is to say that, in my opinion, the takedown request for this video may have been legal (although it may not have held up in court, it could still be argued that the request was made in good faith even if it wasn’t), but it appears to have been selective.
As someone who is generally opposed to the aims of the BDS movement I watched this rather sad video when it first surfaced. I do not believe in censorship, but I also don’t own the copyright to Journey’s back catalogue so it doesn’t much matter what I think.
I do know that if a claim is made against a video you have posted that you can make a counter-claim. YouTube’s site contains full details about how to do that. I imagine you have a strong case along the lines of this being transformative and parodic. It’s just a matter of whether you can be bothered or not.
YouTube has already been caught taking down material when people other than the legitimate copyright holder contests the copyright claim.
Meanwhile, no problem for the “We Con the World” gang. After 2.4 million hits, their parody of “We Are the World” remains up on YouTube Land.
You can’t be angry with someone playing the same game as you, just because they understand the rules better.
You mean own the rules and enforce them where they please
Are you saying that Jews own YouTube? That’s a stretch even for this site.
So how come that video isn’t silent? This isn’t a matter for rules being understood better if the same rules aren’t being applied equally.
An excellent comment, GuiltyFeat.
I’ve been putting some thought into this issue, since seeing the St. Louis flash mob video taken down. Unlike you, (why do you characterize the Grand Central performance as “this rather sad video”?) I have become a recent champion of the Global BDS movement.
Right now, I’m trying to get into contact with Gil Scott Heron, Roger Waters, Elvis Costello, David Rovics, Invincible, the Rude Mechanical Orchestra and others about creating new material for Global BDS flash mob events.
The trouble with any new material is that, as Max Blumenthal observed to me Tuesday, “they have to perform songs that are marked “traditional” [to avoid probable removal] but those are usually not ‘cool.’ like who is going to do a bds flash mob of swing low sweet chariot?”
In the UK, political soprano and longtime Palestinian rights advocate, Deborah Fink, has parodied songs from the public domain and has created new lyrics for Kurt Weill songs to highlight Israeli perfidies. She hasn’t gotten much of her stuff up on Youtube – her forte is live art – but none have been attacked. Perhaps that is because none have been on behalf of Global BDS, which seems to get special attention.
Along the line of Max’s observation, people aren’t going to get the recognition buzz from a song taken out of Aufstieg und Fall der Stadt Mahagonny (Rise and Fall of the City of Mahagonny) they would from Don’t Stop Believin’ or Telephone. OK, perhaps they might get a recognition flash from Alabama Song, which is now public domain, and is all over youtube.
By taking on and tackling this subject through a quest for new material, the Global BDS movement might actually get some press coverage, and with it a resultant buzz, should some artist or artists sympathetic to the movement actually produce a hit or two that has no copyright parties with a right to complain to Youtube.
Meanwhile – does anyone know of some dynamite public domain music that can be used?
You know I could not get any sound on this thought it was this computer. And there were other I/P you tube clips I could not get any sound from. You tube doing the I lobbies and Israels work for them?
Down here
link to adalahny.org
down here
link to thecornerreport.com
Down down down
link to pulsemedia.org
Lots of others Still up. Unable to take them all down. Growing growing. Going Viral
link to youtube.com
link to youtube.com
link to youtube.com
link to youtube.com
link to youtube.com
“You can’t stop the signal.”
17K is nice but it’s hardly viral. Given the exaggerated claims for the success and broad appeal of the BDS movement, it’s actually kinda pathetic.
This flash mob got over a million hits. Now that’s viral: link to youtube.com
Whoa.
There are three separate issues here.
(1) There is a copyright for the words. (Licensed to the record company for an expression/arrangement of them.)
(2) There is a copyright for the music . (Licensed to the record company for an expression/arrangement of them.)
(3) There is a copyright for the recording, which is ONE expression/arrangement of the above two.
Who pulled it based on what copyright? I’ll bet it was the record company (they usually have the clout) but they don’t own anything other than ONE expression/arrangement of the first two items.
Flash mobbers
Go to the genuine copyright holder of the composed music and words — find them — and ask them if you can use it. Carry a sign that winds up in the video that you have permission from those two copyright holders, and the record company can’t do a damn thing. If the copyright holders are sympathetic to your cause, they will allow it for a flash mob. After all, it will help sell records from the memory of the original alone.