This is what Shawn Morton would look like if he had been made of LEGO sMoRTy71.com -- the personal website of Shawn Morton
UPDATE: This blog has been retired as of August 2011. See this post for more information or connect with me on Twitter.
Wednesday, February 14, 2007
I've been DMCA'ed by Viacom
I just got a notice from YouTube that Viacom is accusing me of copyright infringement for a video I posted of Prince performing "While My Guitar Gently Weeps" with Tom Petty, Jeff Lynne and Dhani Harrison at the 2004 Rock N Roll Hall of Fame Induction. It showed about a minute and a half of the song where Prince was doing his guitar solo.

The video has been posted for well over a year, but it became pretty popular after Prince's Super Bowl halftime performance.

YouTube has deleted the video and sent me this warning letter (with typos):

"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 Viacom International Inc. claiming that this material is infringing:

Prince at Rock n Roll Hall of Fame 2004: http://www.youtube.com/watch?v=k-qlU46ODlg

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 avoid future strikes against your account, 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, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com

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.
"

It sucks that YouTube has deleted this video considering that Viacom doesn't have it available anywhere else. It was a great clip of one of Prince's best performances.

About Shawn Morton

Married father of 6; VP of Social Media at JPMorgan Chase; gluten-free; gadget enthusiast; hair metal aficionado; #Movember man View more on LinkedIn.