Blogger contends posting silly leaked law firm song is fair use
Summary: News reporting is one of the classic examples of fair use, and blogger David Lat contends the doctrine covers his posting a groaningly bad "motivational" song leaked from a large law firm. The law firm disagrees, setting the stage for a DMCA takedown-putback tussle.
Over at Above The Law, David Lat provides irreverent coverage of the insular world of law firms and the judiciary. Today he posted a song produced by the Nixon Peabody law firm, forwarded by an unidentified tipster, that belongs in the bad business music hall of fame. The song was never intended for external consumption, and it's not hard to see why:
Instead of laughing this off and embracing its inner freak as Microsoft embraces Steve Ballmer's antics, the firm has been making saber-rattling, copyright-invoking phone calls to Mr. Lat, requesting among other things that he remove the audio he posted to YouTube. He has declined to do so:
They asserted copyright over the song and asked us to take it down, from our site and from YouTube. We stated our view that posting and commenting on the song constitutes fair use. It also falls within our newsgathering mission as a media organization.
We explained that our site is all about law firms and the legal profession. They said: "We know what you're about."
Nixon Peabody's next logical step, given its difference of opinion with Mr. Lat on the copyright front, would be a DMCA takedown notice to Google/YouTube. This provides a good reason to revisit Wendy Seltzer's go-round with the NFL, and the DMCA ping pong that ensued when she stuck to her fair use guns. Though the fair use analysis is different here, the same process could potentially follow, warranting another link to Chilling Effects' Counter-Notification Generator.
Best of luck David, and thanks for the chuckles. (Note to musically aspiring firms and businesses everywhere: there is no such thing as "internal use only." If you must go down this ill-advised road, think Eagles.)
[Update, 8/24/07:] Seems Nixon Peabody has fired its initial DMCA salvo at YouTube, though Above The Law is still making the "Everyone's A Winner" audio available here.
[Update, 8/25/07:] Round III: the Internet, or more accurately a clever YouTuber named ChurchHatesTucker, stokes the fire (via Ed.):
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Talkback
Dixon Peabody lawyers are being lame and stupid, but...
Should companies be embarrassed to create this tripe? Yes. Are they insanely stupid and lame when they try to suppress it? Absolutely. Is David Lat in the right, legally? Most likely not, IMNSHO.
Regards,
Adam
depends on the commentary
"Silly"? "Tripe"? - this reader thinks not ...
what's the uproar?
this song has a solid foundation (its "groove"), an above-average musical accompaniment, some good singing and a pro level arrangement
the lyrics are somewhat difficult to discern, with the notable exception of that catchy "everyone's a winner" refrain, and perhaps that was the firm's objection: the song's failure to get a message across about the quility of their workplace
the tune has a solid funk throughout it, too, something that afficionados would agree has no time period, no lifespan, no expiration date: funk will always be with us, unless of course, you're incapable of understanding the "funk" (in which case, get thee hence to some Parliament/George Clinton recordings, sit back and enjoy)
perhaps the only legal concern the firm might have is that they could be hearing from Tina Turner's lawyers concerning the outright theft of her vocal style
"I am not a crook." - Nichard Rixon
Yay Corporate America!
(And, yeah, I'm a lawyer.)