This week, Google’s Blogger began a systematic take-down of music blogs such as Living Ears and I Rock Cleveland, claiming that repeated copyright violations regarding songs posted to the blogs had moved them to action. The trouble, as many angry bloggers are pointing out, is that many of the songs in question weren’t in violation of copyright in the first place. Even so, Digital Millennium Copyright Act claims filed against the bloggers resulted this week in Google’s removal of their content from the Blogger host.
Gorilla Vs. Bear is one prominent music blog that has survived the take-down tempest. Although the blog’s bread-and-butter posts come in the form of streaming MP3s, founder and editor Chris Cantalini says he’s never received a DMCA take-down notice. “I make every effort to be respectful of copyrights, and work closely with bands and labels to obtain permission for every MP3 I post,” he tells Paste. “But then again, I’m sure some of the deleted blogs did that as well.”
Google responded in a post yesterday, explaining, “Last summer, we updated our enforcement of the DMCA. Our current policy is that when we receive a DMCA complaint, we notify the blogger about the complaint by e-mail and on the Blogger dashboard; reset the offending post to ‘draft’ status, allowing the blogger to remove the offending content; [and] send a copy of the complaint to ChillingEffects.org.”
The statement went on to say that if a DMCA claim has been filed in error, it is “imperative that you file a DMCA counter-claim so we know you have the right to the music in question.” However, it doesn’t appear that Google passed that information (or instructions for filing a counter-claim) to bloggers before removing their sites.
Many of the DMCA claims have been filed by the International Federation of Phonographic Industry, which represents over 1,400 members (including major record labels such as Columbia and Capitol) in 72 countries. And while there have indeed been real violations of copyright, many of the deleted bloggers report having received DMCA complaints in error. As Bill Lipold of I Rock Cleveland said in a bloggers’ discussion on Elbo.ws, every DMCA complaint he’s received in two years was for a label-approved MP3 posting.
The take-downs are bad news not just for bloggers, but for artist promotions as well. “Music blogging is a big part of music PR these days,” Candice Jones of Team Clermont Publicity tells Paste. “There are companies out there who solely promote to blogs and focus on social networking for bands as well. The take down of these blogs for allegedly violating copyright laws and Blogger’s terms of service is ridiculous.”
It’s unclear why Google chose to take such sweeping, drastic action, but Jones has a theory: “I think it’s just a way for Google to cover their own butt.”
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I began rebuilding the site, it's a little hideous right now but...
http://livingears.com
I moved my own blog off blogger after the last bloggergate in 08. Worth noting: I have never - not then, not now - received a take down email, or a DMCA notice, but blogger was deleting posts anyway.
The larger issue is interesting, but it seems to me the "real" and more pressing issue here is that IFPI currently errs on the side of take-down, and Google is too large a company to be able to micromanage that process. I applaud label and PR folks who are working with IFPI to address that end of things.
But given the way that large companies handle liability, it also seems natural for Google-scale companies to err on the side of "what our lawyers tell us" - which will be the most conservative response, in all cases.
Given that, I continue to wonder why ANYONE uses major service providers for their hosting. Seems like music bloggers should be hosting their own files by now, and/or labels should be willing to do it for them, to put their copyright belief where their PR is - both models are out there currently, and seem to work without this take-down stuff.
If labels are so interested in protecting copyrights and all of that then they should put all this music back in print in some loss less form for folks to download. There are 100's of albums I would love to own and would be happy to pay for a loss less download of it. However, the labels just don't seem to get it.
My blog one neck, two chains (onenecktwochains.blogspot.com) was also deleted. We had over 3000 posts, 250,000 impressions and 150,000 visitors. All gone, just like that.
Well, its too sad, we all got to do something ((((((