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July 15, 2009 4:40 AM PDT

YouTube pulls audio from greatest music video ever

by Caroline McCarthy

Keyboard Cat rocks out with Hall and Oates' band on YouTube.

(Credit: YouTube)

This is really quite sad.

Citing copyright concerns, YouTube has deleted the audio from a hosted video that depicts the Internet meme "Keyboard Cat" showing up in a vintage TV after-school special and then embedded in the foreground of the '80s-era music video for the song "You Make My Dreams" by pop duo Daryl Hall and John Oates. It was an extremely awesome match, because the musical feline fit into the minimalist Hall & Oates video a little too well.

The audio appears to have been deleted on behalf of music label Warner Music Group. "This video contains an audio track that has not been authorized by WMG," a message adjacent to the video read. "The audio has been disabled."

The Keyboard Cat-Hall & Oates video was getting popular, with over 375,000 views on YouTube in fewer than two months and press from blogs like the AOL-owned Urlesque, so it's not quite clear whether WMG was alerted to the video directly or if the sound was pulled because an audio fingerprinting technology trawled through it.

Earlier this year YouTube started giving people who uploaded videos with copyrighted content the option to silence the video rather than have it taken down. As my colleague Greg Sandoval noted at the time, while YouTube once had deals in place with all four major record labels, its deal with Warner fell through.

So there goes one of the greatest music videos to hit YouTube ever. (In my opinion, of course.)

"I hate you, Warner Music Group," one commenter on the muted YouTube video wrote. "This video is hilarious and promotes a song that would otherwise never reach the ears of young people. What is wrong with you? When did the music industry go so wrong?"

Other comments are along the lines of "NOOOOOOOOOOOOOOOOOOOOOOOOOOO" and "A f***ing injustice to the world."

So, clearly, I am not the only one saddened by this takedown. It's a quintessential example of the music industry missing the point. The presence of a funny video that makes it look like a cat has joined Hall & Oates' band is not going to suddenly make hordes of people start pirating the duo's songs who otherwise would've paid for them. In fact, as commenters pointed out, some of the Internet-meme-savvy kids who were swapping links to the video probably had no idea who Daryl Hall and John Oates are. (Embarrassing confession: I bought "You Make My Dreams" on Amazon MP3 after the Keyboard Cat video got it stuck in my head.)

The Internet breaks plenty of new trends, but it can also make older bits of media rocket back into the spotlight. If the label with the rights to onetime pop star Rick Astley's catalog had freaked out over the ubiquity of "Never Gonna Give You Up" on YouTube, for example, Astley (whom I had never heard of before the "Rickrolling" phenomenon took off) would not have been lip-syncing on top of a float at the Macy's Thanksgiving parade last year.

I understand that traditional media rightfully has a lot of qualms about copyright alternatives and "remix culture," some aspects of which are fairly radical, and Hall & Oates have a history of tightly guarding their catalog. But every time there's another instance of copyright-induced silliness like pulling the audio from an innocuous Internet sensation, it just makes me shake my head and wonder when, if ever, they'll finally get it.

It's time for Keyboard Cat to play the record labels off.

Caroline McCarthy, a CNET News staff writer, is a downtown Manhattanite happily addicted to social-media tools and restaurant blogs. Her pre-CNET resume includes interning at an IT security firm and brewing cappuccinos. E-mail Caroline.
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Add a Comment (Log in or register) Showing 1 of 2 pages (34 Comments)
by Richard4RollTide July 15, 2009 5:09 AM PDT
WMG will never get it. If the "artists" actually got it, they wouldn't put up with the nonsense. All it would take is 5 - 10 major musicians pulling out of contracts to get WMG to wake up. But that'll never happen.
Reply to this comment
by ibeetle July 15, 2009 5:40 AM PDT
Actually, in many cases it is the Artist that tips them off.

Artist: Hey are we getting paid for that music video?
Record Label: Hang on let us check with legal... um... nope.
Artist: TAKE IT DOWN NOW!

U2 to this very day when they go to major cities like New York, or London they hit the record stores, and markets like Chinatown to see who they can bring action against for selling bootleg, counterfeit and black market items.
by ywkhgqo July 15, 2009 7:38 AM PDT
thats because U2 is a bunch of self-rightous holier-than-thou jerks.

Most bands don't care about things getting on youtube. They view it as promotion.
Its the LAWYERS that pull this crap.
by Renegade Knight July 15, 2009 7:46 AM PDT
@ibeetle

A common misconception with copyright is the presumptino that artists have a right to be paid. They don't. They have a right to market their work. Actually getting paid means their work has some value to the public and someone buys it.

Your U2 example is a good one. Someone else marketing U2's work gets in the way of U2 doing the job through authorized channels. That said, U2 still doesn't have a right to demand fair use stop. Such as parody of their work.
by mckusic July 15, 2009 5:16 AM PDT
this is just another sign that YouTube is going down the drain.
everyone needs to convert to Vimeo.
Reply to this comment
by MyRightEye July 15, 2009 12:58 PM PDT
Yes, I have recently switched to Vimeo.
by dk jones July 15, 2009 5:19 AM PDT
there was a saying in "Tinsel Town"--the only bad publicity, is no publicity--apparently this no longer holds true for the Majors. it's not likely that the Majors will "get it". for to do so would require having a sense of humor & understanding both parody & satire. they prefer to stress out over the "unauthorized use" of catalog material w/ regard to wanting every nickel, dime & dollar up-front, instead of, as you imply taking a long view & seeing how such products may help out their bottom line, by noting the number of views as a "trend" & consider putting out re-issues from their back catalog of the artists in these "unauthorized use" products.
Reply to this comment
by ibeetle July 15, 2009 5:34 AM PDT
I am not saying I agree or disagree with Warners decision. It is their music they can do what they want, no matter how bad the decision is perceived by its customers.

However, I would have thought this would have fallen under fair use by parody. If this had been shown as a short on the old Saturday Night television program there would have been no word from the suits at Warner Bros. Music.
Reply to this comment
by Renegade Knight July 15, 2009 7:43 AM PDT
It does. However the DMCA allows Warner (and anyone else for that matter) to isseu a take down notice which YouTube must comply with. The validity of the claim isn't relevant until the person who's fair use is being infringed chooses to fight. Then (in my expereince with eBay) it's a lot of "talk to the hand". Because Joe User doesn't have the clout of Joe Corporate.
by ObeyTheFist July 15, 2009 10:08 PM PDT
I recently spoke with someone on the Google legal team who told me this: They comply immediately with any believable claim to copyright infringement. Just as immediately, they comply with any Fair Use response. Then they let the two parties battle it out in court, having responded according to their legal obligation to the use of copyrighted materials.
by Hunnter2k3 July 15, 2009 6:19 AM PDT
Ah Warner, still clueless.

Oh well, their loss. It will be uploaded again and again by others.
As the saying goes, once something is online, you cannot kill it.
Reply to this comment
by JasonGooljar July 15, 2009 6:33 AM PDT
What I find troubling is that the author never heard "Never Gonna Give You Up" before the Rickrolling saga. What decade were you born in? :)
Reply to this comment
by caroline.mccarthy July 15, 2009 6:35 AM PDT
Let's just say my video consumption was limited to Saturday morning cartoons at the time.
by ducttape36 July 15, 2009 6:46 AM PDT
i love you caroline! every post of yours is full of truth yet delivered light-heartedly.
Reply to this comment
by lizaphile July 15, 2009 6:50 AM PDT
The WMGBot is one of the most ridiculous things to exist on YouTube. A few months ago the final analog sign-off for Georgia Public Television was posted, a wonderful salute to the state of Georgia that if you watched it on television, you would be awed.

If you watched it on YouTube, it turned into a weird surrealist piece.

Why? Because "Georgia on My Mind" by Ray Charles was playing as the background song. WMG has the rights to that recording. But never mind that the danged thing is the OFFICIAL STATE SONG of the state of Georgia, we have to put WMG's rights first. Thus, silence.

Never mind that the Charles estate probably wouldn't have minded in this case, or that it's a sign-off for a non-commercial entity. Nope, the WMGBot's final word is law, no matter how awesome something is.

This is probably why the only WMG recordings I've ever bought are those of Natalie Merchant, who later ditched the label to go indie.
Reply to this comment
by tektaktyks July 15, 2009 6:51 AM PDT
"...When did the music industry go so wrong?"-long long time ago...
Reply to this comment
by pcampagna July 15, 2009 7:10 AM PDT
I'm going to go download as many WMG track as i can illegally because of this. (did i say that out loud?)

I've had innocent tracks taken out of my videos too. - How can i help if the wedding video had background music? this is crap.
Reply to this comment
by Renegade Knight July 15, 2009 7:39 AM PDT
Parody is fair use and needs no formal permission.
Reply to this comment
by PodcastSteve July 15, 2009 7:44 AM PDT
While I'm all in favor of fair use and uncopyprotected digital media, in this case, I have to side with the creatives. It's their song, it's their property, and they do have the right to ask for some kind of compensation for their work product. The relentless drive of everyone on the Internet to see all kinds of content made available for free will result in no content being created because content producers cannot get compensated.

Stringer journalists used to get paid to produce news for AP and other news hubs. Now, people are willing to go out and shoot video stories for the merest graphic bug that says "Look, my amateur video got used on CNN" -- and as a result, professionals who spent years in the trenches and have huge investments in professional equipment now can't feed their families.

You cannot have it both ways. You can't criticize large companies for sending American jobs overseas and at the same time demand that creative artists allow anyone and everyone to plagiarize their work for no compensation. We will all be the poorer for it if people can't own their own creations any more.
Reply to this comment
by Pete Bardo July 15, 2009 11:52 AM PDT
This was by no mean plagarized. Parody is fair use and is specifically stated as such in the copyright laws. It has nothing to do with AP, CNN, outsourcing or anything else you mention here.

BTW, nowhere in the statute does it say the parody needs to be humorous or even any good at all.
by subterraneancinema July 15, 2009 8:44 AM PDT
Actually, you CAN dispute it and win. I have some short videos that I created from Filter songs, and Richard Patrick has given me permission to create and post them. So when WMG "muted" a couple of them (their automated software does it blindly), I disputed it for the reasons stated above, and the audio was returned to the clips soon thereafter. So by all means, the people who made this video should argue their case, and theyll probably have a good chance of winning. Try it, you might be pleasantly surprised.
Reply to this comment
by 66sweep July 15, 2009 9:13 AM PDT
meh...you can still watch it on Funny or Die www.funnyordie.com/videos/b5e66d4b58/play-helen-and-hall-oates-off-keyboard-cat
Reply to this comment
by marz8_dotmac July 15, 2009 10:10 AM PDT
I've also had music muted by WMG on several of my YouTube videos. My problem is that my videos had a relatively low number (under 200) views and was being muted or disabled, yet videos like the one in this story or others with millions of views are allowed to continue. Granted most of those "millions of views" videos were the actual music video of a song and my guess is that the labels considered it promotion.

The Copyright holder does have the right to ask YouTube to take down the video or mute the audio. And the Fair Use argument can only be used in specific cases. Good for you, subterraneancinema, that you were able to secure permission from the artists to use their works. Hopefully more artists will allow derivative works, parodies, or just people using their music as background to home-made videos.
Reply to this comment
by Len Bullard July 15, 2009 11:12 AM PDT
"...Parody is fair use and needs no formal permission."

The parody is the video not the audio. The audio is a copy of the original included into other content that is a parody. That's a violation of copyright law for the music if not the video content.
Reply to this comment
by Pete Bardo July 15, 2009 11:54 AM PDT
Ok, so they should overdub the cat singing along with the song. He probably sings as well as the Philly boys, anyway.
by Sporlo July 15, 2009 12:48 PM PDT
Other comments are along the lines of "NOOOOOOOOOOOOOOOOOOOOOOOOOOO" and "A f***ing injustice to the world."

lol
Reply to this comment
by cnetguard July 15, 2009 1:59 PM PDT
The full video, with audio:
tinyurl com/lfbvfc
Reply to this comment
by cnetguard July 15, 2009 2:00 PM PDT
Ooops, sorry for the formatting:
http://tinyurl.com/lfbvfc
by sanjayb July 15, 2009 2:22 PM PDT
I don't understand the appeal of the Keyboard Cat. Looks kinda gay to me. Hall & Oates probably were probably like, that cat thing is stupid. Get them to pull the sound.
Reply to this comment
by toolio2009 July 15, 2009 2:46 PM PDT
What a bunch of idiots. Way to completely misunderstand the very medium you work in. If I'd ever bought anything from Warner Bros to begin with I'd be reconsidering it now.
Reply to this comment
by toolio2009 July 15, 2009 2:47 PM PDT
er, Warner. heh.
Showing 1 of 2 pages (34 Comments)
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About The Social

CNET News' Caroline McCarthy is a downtown Manhattanite who believes that, despite popular opinion, the Web can actually help your social life. She's happily addicted to fun social-media tools from Twitter to Yelp to Facebook, sends an inordinate number of text messages, and has a tendency to waste time at the office reading restaurant blogs. Here, she explores all facets of the Web's gregarious side, as well as the unique tech culture in her home city of New York. (Don't call it Silicon Alley.)

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