Thursday, December 23, 2010

DCMA Notice

Well, well. Logged on today to discover a DCMA complaint was lodged against this blog for posting links to an audience recorded Bob Dylan show. I have cooperated with both Sony Music's representatives and blogspot to remove the offending material.

However, I maintain the fair use defense should any further action be taken in such matters. The music that I have posted is invariably accompanied by significant or substantial review of the music that sometimes undergoes multiple drafts. The purposes of these reviews are to strengthen the transformative aspects of the music. No commercial gain is sought through the posting of any music on this blog and this will not change.

The material posted here has not seen official release in any form.  If a copyright holder or their representatives object to the inclusion of any material here, that material will be removed immediately. Many artists in the music community or their estates permit the trading of audience recorded shows. Until an artist and/or their representatives communicate to me that they object to the inclusion of their material here, the material will remain available under the fair use doctrine.

In the future, it is likely that when I offer recordings from certain artists, I will offer selections rather than an entire recording. This is in accordance with the fair use doctrine principles of refraining from offering unreleased works in their entirety. As previously mentioned, until an artist and/or representatives communicate to me that they object to the inclusion of their material here, it is possible that I may offer those recordings in their entirety.

When considering the fourth factor in determining fair use, I maintain that no links offered here pose a direct financial threat to the sales of any artist. The reasons for this are manifold and beyond dispute. Audience recordings do not benefit from the technology of professional recording and are clearly intended for a niche audience compromising only a fraction of the general music listening public. These recordings are not available for purchase from myself or any representative. These recordings were not purchased at any point thus depriving the artist of financial gain. These recordings are intended solely for educational and private use. I believe music is a spiritual experience and has deeply informed my development as a human being. I am not interested in defrauding these artists in any way, shape, or form. The amateur nature of the recording clearly shows that it is not a direct market substitute for officially released work. Many of the artists included in this blog are notorious/celebrated for the creative deviation they bring to their best known songs. These differences further separate them from their officially released counterparts. There is no potential for market harm.

Once again, if any artist or their representatives object to material featured on this blog, contact me through whatever channels you deem useful and I will answer every request.

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