Phoenix released a statement on their blog: He responded by suing Liberation for “misusing copyright law.”Īccording to Billboard, the suit was settled “amicably” this week when Liberation admitted to being wrong and agreed to pay a fee. Liberation issued a YouTube take-down notice on the lecture’s video and threatened to sue Lessig. This caught the attention of Liberation Music, the label that licenses and distributes “Lisztomania” in Australia and New Zealand. Lessig cited the clips as good examples of fair-use, and a video of his lecture was uploaded to YouTube. His lecture featured clips of home dance videos soundtracked to pieces of “Lisztomania”. The back story behind this is a bit confusing, so bear with me: In 2010, Harvard Law School professor and Creative Commons co-founder Lawrence Lessig delivered a lecture called “Open” at a Creative Commons conference. Pitchfork has a story summarizing how Phoenix became involved with a fair use issue: However, like any multi-part legal test, there is enough grey area that shifting opinions over time will substantially affect the result of any particular application of the test. I discussed the four factors in this blog post, among others. US copyright law assigns 4 factors to consider when a court is presented with a fair use defense to a claim of copyright infringement.
#Phoenix 1901 video free#
We call the intersection of copyright and free speech “fair use.” My sense is that the tide is turning towards a more liberal view of what fair use should look like. Other countries’ national laws and treaties grapple with the same tension. In the US, the ideas of copyright protection and the protection of free speech were both enshrined in the Constitution by our nation’s founders. Why should we care about non-authorized uses? Because copyright law is necessarily limited by free speech considerations. Do these kinds of statements signal a move towards a more rational understanding of copyright law?įor years, it’s seemed that copyright law – and copyright holders – have reflexively acted against any non-authorized use of copyrighted works. Phoenix, the French rock band behind the hits 1901 and Lisztomania, have come out in favor of fair use of their copyrighted works. Phoenix (the band) Stands Up For Copyright Fair Use
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