shouting loudly

It was already shameful enough that HBO got the exclusive TV rights to broadcast the video of the inaugural concert. Compounding this shame, HBO was sending DMCA takedown notices to YouTube for clips that concertgoers made themselves.

Over at Public Knowledge, Daniel McCartney’s take is that HBO is trying to own history. I’d have to agree.

As McCartney points out, HBO’s copyright claim is dubious at best–and that’s without even considering fair use–but the DMCA takedown notice system rewards over-enforcement. Generally, a (real or alleged) copyright holder says “Take this down,” the site complies, and that’s the end of the story.

In a more recent development, HBO was apparently shamed into changing their mind. Some clips are still down (like this one), but others remain.

For instance, here’s an amateur recording of Bishop Gene Robinson’s invocation:

Also, there’s even a professional recording of the coveted Pete Seeger/Bruce Springsteen performance of “This Land is Your Land”. Judging by the titling, this was made for or repurposed by a station broadcasting in another country.

For those whose clips get taken down, note that you might get Google (who owns YouTube) to re-upload the clip by filing a counter-claim.

IMPORTANT: If you file a counter-claim, you’re basically daring HBO to actually sue you, though considering their change of heart, the odds of a real suit seem slim. Depending on the clip, it’s a risk I might take, but I don’t expect everyone to agree.

This is why the DMCA takedown system rewards over-enforcement. The people on the “Take that down!” end of the transaction already have a team of lawyers, while those on the “Where the heck is my clip?” end generally don’t know their legal rights and don’t have the money to hire a lawyer.

On an unrelated note–the “This Land” performance–listen carefully to the lyrics. Note that two of the verses from Woody Guthrie’s original version are pretty socialist. These are generally omitted from the version taught in primary schools. Seeger and Springstein appeared to take particular pleasure in singing the full song.