20080602

Radiohead v. Prince

I attended Coachella Valley Music and Arts festival this year, where Prince performed on the Saturday night and covered Radiohead's 'Creep'. When clips appeared on YouTube Prince's label had them removed. Thom Yorke responded:

"Really? He's blocked it?" asked Yorke, who figured it was their song to block or not. "Surely we should block it. Hang on a moment."

Yorke added: "Well, tell him to unblock it. It's our ... song.


Associated Press Story


Let's look for potential copyright in this picture.

The Copyright Act section outlining "works":

Section 3. (1) For the purposes of this Act, “copyright”, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right.......

(d) in the case of a literary, dramatic or musical work, to make any sound recording, cinematograph film or other contrivance by means of which the work may be mechanically reproduced or performed,

(e) in the case of any literary, dramatic, musical or artistic work, to reproduce, adapt and publicly present the work as a cinematographic work,

(f) in the case of any literary, dramatic, musical or artistic work, to communicate the work to the public by telecommunication

......

The song Creep (music and lyrics) is a work, and let's assume Thom Yorke is the owner. As owner, he has the right to perform the song Creep (music and lyrics) in public. However, it seems that Prince is the owner of another work: his performance of Creep. The person who filmed Prince's performance may have treaded on Prince's right to publicly present the work as a cinematographic work on YouTube. Who should decide? Thom?

As you can see, Copyright and ownership is complex and intermingled.