Thursday, December 11, 2008

Here They Come...

Hi folks.

Last month my podcast was shut down for violating the Gcast 'terms of service' which prohibits the use of copyrighted material... even if that material was ripped from an obscure and long out-of-print vinyl source.

Oh well.

This morning I woke up and found this:

"Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.

"The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents... will be posted online... The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").

"The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits...

"Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account..."

Sincerely, The Blogger Team

Affected URLs:

http://redkelly.blogspot.com/2007/01/dusty-springfield-so-much-love-atlantic.html

The 'affected URL' in question was a post I wrote about Jerry Wexler and Dusty Springfield when Jerry turned ninety in January of 2007. It's gone. Along with the scratchy 45 version of So Much Love, went the 2500 words or so that made up the post. My words. Did I back them up? No. Lucky for me, though, I reposted most of it as part of a tribute to Jerry when he passed away in August...

This is the second time they've deleted something I wrote without any warning (the first being an O.V. Wright A Side post from 2006). Don't get me wrong. I'm not complaining. After all, I 'agreed' to the 'terms of service'... right?

This may be the beginning of the end for the whole 'audioblog' concept, I don't know. We'll see.

Ho-Ho-Ho!

- red

11 Comments:

Blogger Jer.Eps said...

check your email. I wasn't quick enough to get the Dusty Springfield file but I got you the text & photos. Source was the Internet Wayback Machine, web.archive.org/

10:28 AM  
Blogger The Stepfather of Soul said...

I'm really hoping that the end is not nigh for audioblogging. I received a similar notice from Blogger last week. For the time being, I'm switching to stream-only posts and contemplating moving my blog to Wordpress.

12:23 PM  
Blogger Private Beach said...

"we would be subject to a claim of copyright infringement, regardless of its merits... " - or guilty until proven innocent.

What other industry attacks its own customers and friends so vigorously?

12:25 PM  
Blogger Bam City said...

That is some straight up and down bullshit. Sorry you gotta deal with it. I'm a huge fan and hope you can continue to bring the funk despite these jokers.

3:53 PM  
Anonymous Johnny Vandal said...

I feel your pain brother! Once again the "Man" is trying to bust the music (i think they said something like that back in my day)... It really wouldn't suprise me if Google (Blogger) own a piece of the RIAA or some such secret corporate folderol. In the end, don't look back... something might be gaining on you. Thanks for all of the great music you've posted.

4:16 PM  
Anonymous Thomas said...

Interesting, I got the same message about one of my posts yesterday as well. They must be in the midst of a crackdown. I can understand going after the sites that offer countless downloads to full albums but going after you (or I) is nonsense.

11:06 AM  
Anonymous Anonymous said...

What are the record companies thinking, ensuring no one knows about their product? W.

7:01 PM  
Blogger Red Kelly said...

Thanks for your support everybody...

...and, thanks to you Jeremy, here's a link to the original post on the 'wayback machine' - Dusty Springfield - So Much Love (Atlantic 2673)

It's all good.

7:57 AM  
Anonymous Anonymous said...

this situation is, of course, stupid....especially when it comes to obscure singles...

i just checked my library....in the case of Dusty Springfield alone, i have bought three albums in the last year....did so to a large degree because listening to records posted on blogs like this made me want more...

for that matter, i bought the O.V. Wright collection, The Soul of O.V. Wright, specifically because of what you've posted here...

i do buy downloads and CD's, something over a hundred dollars worth just this month...

it's also worth pointing out that some of us love the sound of scratchy old 45's in and of itself....i keep a separate file of them, often duplicates of songs of i already own in more cleaned up form...

that said, i will continue to read your wonderful highly informative posts and check out the tunes, even if we're no longer able to download them...

just seems a shame..

ana...

1:01 PM  
Blogger whiteray said...

There a flurry of this crap (a flurry of crap? oh well) going around. Early last month, I got three such notices in one day, one of them for a duet between Demis Roussos and Nancy Boyd! Other bloggers I know are getting loads of notices, and it doesn't seem to matter what music is posted. I thought about it over a weekend last month, and decided just to keep on putting one foot in front of the other. I have all the text from my blog in my files, if it comes to finding another place to blog. Keep on, Red!

7:35 PM  
Anonymous Anonymous said...

Merry Christmas Red!
I just sat down and posted a new entry on my blog, after giving up for a white due to work committments - and now I find the worst is happening! The end result will be the total eradication of this music such as this from the collective popular memory. Who is going to search through itunes for something they have never ever even heard of?

I am going to begin archiving my blog too, as I am unsure whether even my semi-licenced status (the UK has gone someway towards online licencing) will save me from some overzealous employee of Blogger who does not understand it!
Yours,
Rob Whatman
browneyedhandsomeman blog

12:05 PM  

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