Vimeo feels the pressure of being second; record labels double down on copyright claims

Vimeo feels the pressure of being second; record labels double down on copyright claims http://www.tinymixtapes.com/sites/default/files/1301/news-13-01-vimeo-copyright-claims.jpg

Vimeo, also known as the site you find yourself on whenever a video isn’t immediately available on YouTube, has recently found itself embroiled in a copyright dispute brought about by the Digital Millennium Copyright Act and some of it its record label enforcers.

Last Friday, according to The Hollywood Reporter, Capitol Records, Caroline Records, and Virgin Records America asked a judge for a “summary judgement win” in a joint lawsuit first filed three years ago in New York federal court. For those with less than a marginal knowledge of legalese, asking for a summary judgement is the equivalent of asking for an end to a case without trial, given the undisputed nature of the facts. Thank you, Internet.

Since the case had been delayed pending an appellate court ruling in Viacom v. YouTube, it’s worth summarizing what it’s all about, as if you couldn’t have guessed: the record labels are accusing Vimeo of “copying, performing, and distributing” sound recordings from artists such as The Beatles, Coldplay, Norah Jones, Nat King Cole, and The Beach Boys. Going even further, in its motion for summary judgement, the record labels essentially dub Vimeo the negligent parent of copyright-infringing, user-generated content websites. Here’s an excerpt:

YouTube, Veoh, and other websites do not create and consistently upload their own infringing videos; do not expressly tell users it is permissible to use infringing music in their videos and instruct their users how to do so; do not have a team of employees monitoring to ‘curate’ their content and a set of technological tools to accomplish that task; do not actively participate in the website ‘community’ to define and delimit the content on their website; do not at their sole discretion delete and ‘bury’ content that they believe does not reflect the image or brand they want to establish; and do not refuse to obtain licenses from music copyright owners or to deploy available technologies to filter copyrighted music. As described below, Vimeo does all of these things and more.

The entire motion attempts to demonstrate that Vimeo encourages (and makes a point to ignore) uploads that use copyrighted music.

For what it’s worth, Vimeo filed their own motion for summary judgement last September, in which they stated, “Vimeo does not—and cannot—view every video uploaded by its users to attempt to determine whether it infringes a copyright or otherwise violates Vimeo’s terms of service. Instead, Vimeo relies upon copyright holders to inform it if a user has uploaded an infringing video. This is exactly what Congress envisioned when it enacted the DMCA.”

My perspective: if someone wants to upload a video of themselves dancing sexily to Nat King Cole’s rendition of “O Tannenbaum,” while wearing a Santa hat over their nether region, shouldn’t that be their right? Shouldn’t it?!

• Vimeo: http://vimeo.com

RIP: John Wilkinson, rhythm guitarist for Elvis Presley

From Rolling Stone:

John Wilkinson, a guitar player who accompanied Elvis Presley for more than a thousand shows as a member of the TCB Band, died on Friday at the age of 67 after a long battle with cancer, the Associated Press reports.

Wilkinson grew up in Springfield, Missouri, watching Presley perform on television. In 1955, when he was ten years old, Wilkinson snuck into the star’s dressing room before a concert at Springfield’s Shrine Mosque and berated the King for his musicianship. “You can’t play guitar worth a damn,” the boy said.

Wilkinson went on to become an accomplished guitarist, playing in folk groups such as the Kingston Trio and the New Christy Minstrels. Some 13 years after that first meeting in the dressing room, Presley asked Wilkinson to join his backup group, the TCB Band, after seeing the 23-year-old play on television. Over the next nine years, Wilkinson played rhythm guitar for Presley in 1,200 shows, remaining in the TBC Band until the singer’s death in 1977.

• John Wilkinson: http://www.johnwilkinson.net

Black Sabbath announce reunion album 13, first new studio LP in 35 years

Back in November of 2011, the heavy metal and middle-age-crisis communities were rocked by the news that Black Sabbath were reuniting in their original lineup — Tommy Iommi on guitar, Geezer Butler on bass, Bill Ward on drums, and Ozzy Osbourne on eye makeup. There was also talk of a brand-new studio album, and though that reunion has withered a bit since then (Bill Ward dropped out in February 2012) the band has now made good on their promise, announcing today that new LP 13 will be in stores come June, produced by Rick Rubin and released by original label Vertigo.

Confusingly, 13 will be the band’s 19th album; The Guardian tells us that some fans are jokingly claiming Sabbath are “disowning the six albums they made with singers Glenn Hughes and Tony Martin,” while others say it’s simply because we’re living in 2013, or even lamer, because there might be 13 tracks on the album. I’m guessing it’s simply an indication that the band is now heavily influenced by Damon Albarn, as all bands should be.

Bill Ward exiting the lineup was a pretty huge blow to enthusiasm all around, but in his place the band picked up Brad Wilk, part of the original lineup of… Rage Against the Machine. Since we’re talking about origins, I’ll note in addition that the first album Wilk drummed on was called Something Bitchin’ This Way Comes.

A world tour is in the works, with official dates coming in the next few months. Stay tchuned.

• Black Sabbath: http://www.blacksabbath.com
• Vertigo: http://www.mercuryrecords.co.uk/labels/vertigo

[Photo: Tim Whitby]

Animal Collective tour North America with Dan Deacon; get your custom commemorative plate now

John Deakin, Paul Bear, Georgologist, and Ringo Tare of Animal Collective have just confirmed a North American tour this spring with Daniel Deacon! Aside from hitting up cities like Boston, Montreal, Toronto, Cleveland, Covington, Nashville, Royal Oak, Chicago, Madison, Minneapolis, St. Louis, Kansas City, and Denver, they’re also playing Salt Lake City. FUCK YEAH! The tour is preceded by an Australian tour and ends with an appearance at the Treefort Music Fest in Boise, ID.

More: Animal Collective released Centipede Hz (TMT Review) last year.

Even more: Dan Deacon released America (TMT Review) last year.

Fun fact: both were released by Domino.

Pre-order tickets here.

01.17.13 - Newtown, NSW - Enmore Theatre
01.18.13 - Sydney, NSW - Big Day Out #
01.20.13 - Gold Coast, QLD - Big Day Out
01.23.13 - Melbourne, VIC - Palace Theatre #
01.25.13 - Adelaide, SA - Big Day Out
01.26.13 - Melbourne, VIC - Big Day Out
01.28.13 - Perth, WA - Big Day Out
03.07.13 - Boston, MA - House of Blues*
03.08.13 - Montreal, QC - Metropolis*
03.09.13 - Toronto, ON - Danforth Music Hall*
03.11.13 - Cleveland, OH - House of Blues*
03.12.13 - Covington, KY - The Madison Theater*
03.13.13 - Nashville, TN - Marathon Music Works*
03.15.13 - Royal Oak, MI - Royal Oak Music Hall*
03.16.13 - Chicago, IL - Riviera Theatre*
03.17.13 - Madison, WI - Orpheum Theatre*
03.18.13 - Minneapolis, MN - First Avenue*
03.20.13 - St. Louis, MO - The Pageant*
03.21.13 - Kansas City, MO - Midland Theater*
03.22.13 - Denver, CO - Ogden Theatre*
03.23.13 - Salt Lake City, UT - Depot*
03.24.13 - Boise, ID - Treefort Music Fest
07.02.13 - Helsinki, Finland - The Circus
07.04.13 - Roskilde, Denmark - Roskilde Festival

# Africa Hitech
* Dan Deacon

• Animal Collective: http://www.myanimalhome.net
• Dan Deacon: http://www.dandeacon.com
• Domino: http://www.dominorecordco.us

[Photo: Dave Lichterman]

The Flaming Lips are reissuing Zaireeka on vinyl for Record Store Day, and this time you’ll need four turntables!

Remember a few days ago when we told you about some sketchy lo-fi dudes who call themselves The Flaming Lips? Well, according to our pals over at Consequence of Sound, it seems like The Flaming Lips have scrounged up some old material to reissue for Record Store Day, which falls on April 20 this year. Just a few tunes they recorded in Wayne Coyne’s backyard and handed out to their friends and moms sometime in 1997. It’s got some weird name, like Zaireeka, I think. Somebody over here might have listened to it once or twice? Originally, you’d get four discs that you’d play at the same time on different stereos for some crazy, spacey effects, so maybe you’ll get a whole stack of records this time around too? (Yes, this is being reissued on VINYL.) Hopefully a few people will pick up this Zaireeka thing, and maybe The Flaming Lips will finally garner some sort of following and be able to stop playing in shitty basements without lights.

I think they’d really appreciate it if you listened to one of their songs:

• The Flaming Lips: http://www.flaminglips.com

Ende Tymes Noise Festival 2013: Aaron Dilloway, Pulse Emitter, Zaimph, Work/Death, lots more

With the presumed end of the world behind us, the onslaught of 2013’s many festival lineup announcements is underway. If you’re looking to give your ears a particularly brutal beating this spring and want to hang on to the apocalypse-themed year that was 2012, then look no further than the Ende Tymes Festival of Noise and Experimental Liberation, a three-day marathon of auditory assault sure to leave your drums a-ringing and your optimism about the future in tatters. Shows will take place May 24-26 at Brooklyn’s Silent Barn space.

In the past, the festival has also offered a wide range of video screenings, talks, and art installations to accompany the music, and while full details are not available yet, expect more of the same in 2013. The massive lineup of noise luminaries (Aaron Dilloway of Wolf Eyes fame) and up and comers (tons of other folks from every corner of the US and beyond) is below. Plan on investing in some industrial-strength earplugs for your ear holes, or risk having your hearing face its own special ende tymes.

Lineup:

Aaron Dilloway
Ahlzagailzehguh
Andy Ortmann
Bhob Rainey and Witchbeam
Breached Hull
Clang Quartet
Collapsed Arc
Crank Sturgeon
Developer
Dried Up Corpse
flatgrey
Francisco Meirino
Ghost Taco
GRKZGL
Hans Grusel’s Krankenkabinet
IDM Theftable
ISA Christ
Jason Crumer
Jason Soliday
Jean-Sébastien Truchy
Justin Marc Lloyd
Kakerlak
KILT
Long Distance Poison
Maria Chavez
Mister Matthews
Nonhorse
Oscillating Innards
PCRV
Penny Royale
Peter J Woods
Plague Mother
Pod Blotz
Pulse Emitter
Rusalka
Skin Graft
Tahnee Udero
Vomir
Werewolf Jerusalem
Work/Death
Zaimph

• Ende Tymes Festival: http://halfnormal.com/endetymes