Phoenix on Lessig and Lisztomania: "We Support Fair Use of Our Music!"


Every single thing I upload to youtube now gets flagged. All kinds of crazy companies flagging public domain stuff.

I wish the EFF/Lessig hadn’t agreed to the confidential stipulations in the settlement. If you truly want to discourage bogus copyright claims, the costs of such folly should be a matter of public record.

@doctorow You keep saying “Phoenix Music” and “Phoenix has settled,” but I think you mean Liberation Music. (The EFF article also mentions “Phoenix Music” in the title, but the whole article correctly refers to Liberation Music after that.)

Since the kicker in the article is about the difference between Phoenix’s opinion and that of their label, Liberation Music, I think it’s an important distinction.


I just wanted to say that the “Brat Pack mash-up” was one of my favourite videos ever, and that I might have liked the Brooklyn “live” version even better. It spawned a whole meme: Listomania by Phoenix being used to illustrate specific dancing moments from 80s moments movies, when I grew up, and seeing people relive them in cities all over the world was moving and fun. So yup, I am glad that the agents suing admitted they were wrong, but since money is involved with the advertising on YouTube, it is probably a good idea to automate the rights sharing contracts before the case of when these things go viral, if only because they make the world brighter. ( going to go study up on “Fair Use,” because there are a lot of movie clips on the original as well … Oye… :wink:

p.s. The version of “Brat Pack Mashup” that survives (I am certain this is the source of the original lawsuit), is a poor copy of the original).

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This is interesting. If this case or enough similar cases set a precedent, would there be a potential profit model in making something with fair use specifically to trigger these automatic bogus notices, and then suing?

After rtfa, probably not. Seems there would be a lot of back and forth and you’d need a very large target. There probably aren’t many people with the patience for that outside of someone with actual ideals on the table (like Lessig).

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