Tag Archives: scales

Online Video

Copacabana Silicon Valley Parody

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From the folks that brought you “Here Comes Another Bubble,” enjoy The Richter Scales‘ Silicon Valley Copacabana parody, “In the Valley.” The camera work was apparently done by my deceased grandmother, but you’ll enjoy the live performance at the Crunchies (source: Mark Casey sending me SFWeekly article).

These guys aren’t lounge singers. They’re accomplished attorneys, engineers and technology executives from little schools like Princeton, Stanford and Yale (meet them). Their a cappella voices just happen to be the cherry on their intellectual banana split.

Parenthetically, my old boss knows these guys, and first brought them to my attention the bubble parody in December 2007 (I called it a seminal viral moment). The “Here Comes Another Bubble” spoof viralinated, but lost much of its traction when the creators had to pull the original video. Seems photographer Lane Hartwell bitched about her photo showing up in the bubble song for about .04 seconds. That sent me on a wild mission… challenging fellow video creators to exploit her work in video (see my Dec. 2007 video rant). There are nine videos pooping on Hartwell that still exist.

Some favorite lyrics of this new doozy:

  • “His name was Michael (Arington). He was the blog king. But deep inside he really felt he should be hardware king as well. He took a napkin, and drew a tablet. He called a group in Singapore to ship his Crunchpad out the door. But Singapore said “psyche.” They tore the napkin, Mike. Your old Crunchpad is now our JooJoo, so go take a hike.”
  • “His name was Eric (Schmidt). He wanted downloads. But Apple’s ruthless App Store Cops wouldn’t give his products props. They blocked his map app. And Google Voice too. At first we blamed AT&T but even fanboys came to see that their beloved Steve had something up his sleeve. They were locked in an iPhone prison and they could not leave…. open or closed either way you are hosed at the Valley.”
  • “His name was Rupert (Murdock). He was a mogul. But then the Internet arrived and Rupert saw/watched his profits dive. He claimed that Google was stealing content. The Googlers said that you’re so dexted just go and change your robot.txt… No we will never pay to search the WSJ. Cause the journal gets all its news from bloggers anyway (roar from crowd).

These are all clever spoofs of important moments in the technology evolution/war… little moments that point to major issues about the implications of open/closed technology, intellectual property theft, rights protection. Set to the tune of Copacabana by Barry Manilow, the parody takes on a number of super-geeky technology themes, including (1) Mike Arrington’s CrunchPad debacle, (2) the Apple vs. Google Voice conflict, and (3) the threat by News Corp to de-index itself from Google.

Sometimes I feel dangerously detached from the latest technology news, but I found myself getting most of these references, and watching my laptop dance on my chuckling-induced bouncing belly.

copyright, Online Video

Here Comes Another DMCA Whiner

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Lane Wants Her MoneyI try to be fairly objective on this blog, but I really have no sympathy for whining photographers that hire attorneys because their photos appear for a second in a popular YouTube video. The photographers, like the writers striking, are under the delusion that they’re being deprived of their rightful income. The reality is that there is no damned income.

It’s like a feuding family competing for the box of molded National Geographic magazines their dead father left behind.

Background: “Here Comes Another Bubble,” by “The Richter Scales,” is a case study in copyright lunacy. The penniless a Capella singers stitched their song to random photos they found on the web… because a YouTube music video with a black screen (or worse yet, facially-challenged a Capella singers) just wouldn’t have been as viral. They received no advertising revenue because they weren’t yet in YouTube’s partner’s program (if they were, they would have known the risk, because YouTube puts us through a daunting meeting with an attorney before we get into the program).

Along comes photographer Lane Hartwell (whose image above is used without her permission) and sends YouTube a DMCA notice because she finds one of her photos in the montage.

  • Explains Richter Scales: “when Lane emailed us shortly after the video was released, we immediately gave her a credit, with a link, in the “About This Video” section on YouTube, but weren’t able to assess whether that was sufficient because Lane wouldn’t talk to us via phone and didn’t respond to our emails with any requests or proposals before she issued the DMCA take-down request.”
  • Fartwell’s attorney claims The Richter Scales were cavalier, and Hartwell herself said: “the band opted not to work with me toward a fair resolution of the issue. I have to say that I’m very disappointed with the members of the band I negotiated with in good faith.”
  • This appears to be a divided issue, but isn’t it amazing how radically different these accounts are of what happened before the DMCA notice was filed by Hartwell?

Lane’s attorney friend is sympathetic but acknowledges she has little legal recourse. So what it this about? Standing for principals or fame whoring? I’ve got my theory. (Parenthetically, here’s an article on this subject from Wired, but don’t expect objectivity since Fartwell contributes to the publication).

Now this stupid thing is a debate of magnitude proportions:

How about you photographers save your energy for when someone is actually making money on your images instead of doing it on principle? Or find a way to put your talents to making your own profit, instead of whining when someone else uses your photos to not make money. There’s no mistaking that the a Capella group violated Hartwell’s copyright, but it’s not like they were out selling her framed photos to line their limos with puppy fur… they didn’t make any money directly from the viral video, and to date have sold a few of their legacy music CDs that don’t even contain the “Here Comes Another Bubble” song.

Here’s the essence of the problem. It’s a good motive gone perverse. Photographers, video creators and a Capella singers are all in the same boat. We’re artists who are not generally making significant dollars via our passion, and so we want to preserve our rights. But do we chase each other down for our fair share of dink, or find ways to collaborate and monetize?

My videos are constantly ripped and posted. Sometimes I’ll alert YouTube, but I usually consider it free advertising. The only time I ever took objection is when someone posted my “Bored at the Mall” on Break.com and made profit from it as it hit ~1.5 million views. But I didn’t go on a witch hunt and didn’t expect to get a dime.

If creators instead invest the time they spend whining about copyrights in promoting their work and monetizing it, things will change. And the only ones who will suffer in that scenario are ambulance-chasing copyright attorneys.

Thanks to NewTeeVee for getting me all riled up before my second cup of coffee. By way of disclaimer, I have no relationship with The Richter Scales and I’m a strong believer in artist rights — hence my passion for models like Revver. But I have zero tolerance for unreasonable behavior like this.

Hey, Lane. If you’ll drop this, I will personally send you a check for their entire proceeds of 8 CDs. But if not, please have fun filing DMCA notices against those strangers that participate in my “Lane Hartwell Video Collage contest” using your Flickr photos (See my video rant).