INTELLECTUAL PROPERTY IS THEFT!  11:10 am July 17, 2012

Free Speech Under Siege: Obama’s Nazi Goons Censor Romney’s Dumb Ad

by Doktor Zoom

Now that we have imposed socialism by slightly expanding healthcare coverage, we will destroy free speech through a bogus copyright takedown!First, the Obama campaign released the Platonic Ideal of a campaign ad, a brief montage of empty factories and headlines about Willard Romney’s vulture-capitalist hijinks at Bain Capital, accompanied by Mittens’ accoustically-finessed assault on “America The Beautiful.” The Romney camp quickly fired back with an ad that was every bit as brilliant, really they promise, which contrasted President Soulful’s actually-good rendition of Al Green’s “Let’s Stay Together” with some headlines about unemployment.

But then! In a suprising twist, YouTube pulled the Romney ad in response to a copyright claim by music publisher BMG, possibly because Al Green is a fan of Barack Obama, or possibly because BMG is a giant soulless corporation with a long history of acting like a complete bastard to “protect” its copyrights. The Romney campaign says its use of the clip was “100% proper, under fair use,” and frankly, we agree with them, because come on, the 14-second clip was everywhere, and unlike the zillions of other examples of campaigns using music without permission, no one in their right mind could mistake this use of the tune for an endorsement of Romney.

Nonetheless, the Wingnutosphere was quick to see Hypocrisy! Yes, friends Hypocrisy! in BMG’s takedown. NewsBusters’ Noel Sheppard notes that

there’s practically a deluge of “Obama sings Al Green” videos functioning just fine at YouTube.

Why is the one used by the Romney campaign being singled out for copyright reasons?

(We will venture to guess that just maybe none of those other videos are national campaign ads, but, to reiterate, we agree that Mittens’s campaign is on solid fair-use ground anyway.)

Over at The Blaze, Becket Adams does the Romney campaign a solid; with the video gone, Adams treats us to enough screenshots and verbatim quotes of the ad copy that we can reconstruct it for ourselves. Also, another Hypocrisy! alert: Not only did BMG not protest all those other videos, they seem perfectly fine with the Obama campaign distributing the audio clip as a downloadable ringtone:
Potus on your phonus(In general, we do not care for The Blaze, but their alt-text, “Potus on your phonus,” actually made us snort cheap red moscato out our nose, so we will give them credit for that, and copy it over here.)

Finally, Matt K. Lewis at The Daily Caller found himself unable to hold back from going Full Godwin over the YouTube takedown, playing the “hypocrisy!” card twice, as well as throwing in hints of crony capitalism and, what the hell, why not, genocide:

One wonders if an Obama ad featuring the song would have also been pulled down?

Ironically, BMG and Crown/Random House (which published both of Obama’s books, his campaign plan, and Michelle Obama’s new book) are — despite Obama’s concerns about “outsourcing” — all owned by German conglomerate Bertlesmann AG, which bills itself as “the world’s most international media company.”

So it is interesting that the company that pulled down Romney’s web ad shares a German parent company with Obama’s publisher.

According to their Wikipedia entry, “During World War II, Bertelsmann was the biggest single producer of Nazi propaganda.” The BBC reports that “German media giant Bertelsmann has admitted it lied about its Nazi past and that it made big profits during Adolf Hitler’s reign in Germany using Jewish slave labour.”

We honestly hope that Mr. Lewis gets some kind of lifetime achievement award for that one.

 
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{ 111 comments }

Barb July 17, 2012 at 11:12 am

All ads should have Obama singing in them. Even the ads for girly products.

actor212 July 17, 2012 at 11:14 am

Especially, the ads for girly products.

SorosBot July 17, 2012 at 11:34 am

Good to see you again!

Barb July 17, 2012 at 11:36 am

Good to see you too, Soros.
I was trying to retroactively retire and then out-of-state visitors showed up.

Blueb4sunrise July 17, 2012 at 11:39 am

BAAAAAAAAAAAAAAAARB!!!!!!

Barb July 17, 2012 at 6:28 pm

Blue! What's up with you?

Callyson July 17, 2012 at 11:54 am

The best in feminine protection…I'll buy it…

actor212 July 17, 2012 at 11:13 am

Sayyyyyyyyyyyy, you know who else had their books published by a German publisher…

mavenmaven July 17, 2012 at 11:16 am

Kafka? Walter Benjamin? Adorno?

actor212 July 17, 2012 at 11:16 am

No, really

gurukalehuru July 17, 2012 at 11:19 am

Karl Marx?

Doktor Zoom July 17, 2012 at 11:24 am

Mike Godwin?

Tundra Grifter July 17, 2012 at 11:28 am

Karl May?

jodyleek July 17, 2012 at 11:28 am

Martin Luther?

IncenseDebate July 17, 2012 at 11:32 am

Jesus?

RadioSlut July 17, 2012 at 11:34 am

Franz Kafka?

JustPixelz July 17, 2012 at 11:39 am

Johannes Gensfleisch zur Laden zum Gutenberg?

La_Cieca July 17, 2012 at 11:39 am

Ancient prophets who lived on the American continent from approximately 2200 BC to AD 421?

Mumbletypeg July 17, 2012 at 11:40 am

I had my answer on my iPad — but a German accidentally censored Sensei'd it..

Callyson July 17, 2012 at 11:56 am

Whoever wrote the Gutenberg Bible?

James Michael Curley July 17, 2012 at 12:28 pm

Like, Duh!! Gutenberg, obvs!!

jetjaguar July 17, 2012 at 12:34 pm

this joke always reminds me of an animaniacs skit

mrpuma2u July 17, 2012 at 12:53 pm

Imannuel Kant, that ol' pissant?

Lionel[redacted]Esq July 17, 2012 at 1:13 pm

Who ever wrote Fifty Shades of Grey?

Tommy1733 July 17, 2012 at 3:19 pm

Nicely done!

Chill_Bill July 17, 2012 at 11:16 am

It's not like the ad was any good to begin with.

actor212 July 17, 2012 at 11:17 am

That's probably why BMG objected: the ad sucked. It was embarrassed.

Chill_Bill July 17, 2012 at 11:21 am

They did Mitt a favor, really.

sbj1964 July 17, 2012 at 11:16 am

Mitt will be playing the mainroom at Sheldons Adelson's Asian casino's.He can't sing but is still better than most Asians,but not by much.

Billmatic July 17, 2012 at 11:17 am

Moscato? It's not even noon!

Chow Yun Flat July 17, 2012 at 11:21 am

The sun is below the yardarm somewhere.

Maman July 17, 2012 at 11:22 am

Moscato is perfect for the morning…. it is fruitier and bubblier. Damn, now I want one. I don't think I have seen a red moscato before. Would Doktor Zoom tell me where it is from?

actor212 July 17, 2012 at 11:26 am

We used to call it "muscatel" before that got associated with winos.

Doktor Zoom July 17, 2012 at 11:26 am

Barefoot Wines, 5 bucks and change. Also, post was written Monday night, as if that makes my shameful wine-out-the-nostrils behavior any better.

Maman July 17, 2012 at 11:37 am

you are talking to the wrong girl about appropriate wine drinking times. I am in training (for my liver) for the American Wine Bloggers Conference where we will drink from about 10 am until after midnight. (though we will also get spit buckets too)

actor212 July 17, 2012 at 11:39 am

MissTaken mentioned liver-stretching exercises ahead of the Drinky Thingie Friday. You might want to talk to her.

Maman July 17, 2012 at 11:18 am

Hasn't anyone ever explained to Mittens that enforcement is always random. You can't contest a speeding ticket because someone was going faster than you.

mavenmaven July 17, 2012 at 11:18 am

Wait, the Nazis control the media? I thought the Jews did! Or, in some Glenn Beckian way, are the Nazis actually the Jews? Anyway, conspiracy!

Doktor Zoom July 17, 2012 at 11:27 am

We are down the rabbit's looking glass, people.

Tundra Grifter July 17, 2012 at 11:31 am

In Germany in the late 1930's, two Jewish gentleman were sitting on a park bench.

One was reading the Jewish newspaper, the other a copy of the Nazi Party rag.

The gentleman with the Jewish newspaper asked his friend "Why do you read that? My paper has the truth. Times are horrible now. Our lives are in danger."

His friend replied "I read this paper to cheer myself up. It says Jews are running the world."

IncenseDebate July 17, 2012 at 11:19 am

They should do an ad with Barry necking with Michelle at the basketball game.

freakishlywrong July 17, 2012 at 11:19 am

The first one of these assholes that just cold calls Barry a ni$$er gets a pocket Constitution with all the amendments they hate removed, (all but the 2nd then, obvs).

BigSkullF*ckingDog July 17, 2012 at 11:20 am

That Obama should be more like the Jews and less like the Nazis.

PuckStopsHere July 17, 2012 at 11:22 am

I see, I say. Obama was singing about HITLER.

Goonemeritus July 17, 2012 at 11:22 am

Music publisher BMG kicked in the door of my bathroom this morning when I was singing in the shower so I can identify with this story.

Mumbletypeg July 17, 2012 at 11:22 am

I was just remarking the other evening that my sewing machine could kick so much more ass if it came with a seiger.

ManchuCandidate July 17, 2012 at 11:22 am

Wow. The Romboto campaign can't do anything right. It's definitely the guy I WANT RUNNING US AMERCIA. Fit right in with the Teabaggers who promise jobs and gave US AMerCIANs a war on Vajayjay.

Chow Yun Flat July 17, 2012 at 11:22 am

“During World War II, Bertelsmann was the biggest single producer of Nazi propaganda.”

That title is currently held by Fox News.

eggsacklywright July 17, 2012 at 11:23 am

I seen on the innernets that Bertelsmann is publishing Mitt's new book, too. It's called My Struggle .

actor212 July 17, 2012 at 11:27 am

Such a campy title.

Doktor Zoom July 17, 2012 at 11:29 am

…Against Tone Deafness

RadioSlut July 17, 2012 at 11:37 am

Vulture Capitalism needs a little livingspace.

valthemus July 17, 2012 at 11:23 am

The GOP just wishes it was cool. BACK TO THE SPAZ-WEENIE TABLE, YA BUNCHA DEFECTIVES!!

SorosBot July 17, 2012 at 11:23 am

YouTube and this publisher aren't actually arms of the government, so free speech doesn't apply to them; and YouTube is already notorious for pulling down anything a copywriter holder complains about even if it's covered under fair use.

ASHLEIGH_Joe July 17, 2012 at 11:26 am
actor212 July 17, 2012 at 11:30 am

Is this really any different, tho, than a user flagging a video as inappropriate?

Chill_Bill July 17, 2012 at 11:37 am

It doesn't matter. Mitt will still demand an apology from YouTube and BMG.

Texan_Bulldog July 17, 2012 at 11:38 am

And Al Green.

Goonemeritus July 17, 2012 at 11:25 am

Mitt they are only picking on you because the whole world thinks you’re a cock.

mrblifil July 17, 2012 at 11:25 am

Here's some eleven dimensional chess. Romney needed some cover to pull his embarrassing tribute ad to Obama off the internets and BMG provided cover by agreeing to make a complaint on copyright grounds. Ka-ZING you didn't see THAT coming!.

ManchuCandidate July 17, 2012 at 11:27 am

Romney is that brilliant… when compared to his supporters.

RadioSlut July 17, 2012 at 11:39 am

And, they get to call Obama a Fascist.
Vin, Vin, Vin.

Blueb4sunrise July 17, 2012 at 11:41 am

Whoa. You're gooood.

SorosBot July 17, 2012 at 11:25 am

The Daily Caller, once again, doesn't know what ironic means; what actually is ironic is a conservative outlet complaining about imaginary crony capitalism when they always support crony capitalism under Republicans.

Doktor Zoom July 17, 2012 at 11:38 am

OK, but complaining about a corporation "protecting its intellectual property" in any way it sees fit is a close second.

SorosBot July 17, 2012 at 11:44 am

It's just like how both rich people and corporations donating to candidates is wrong if those candidates are Democrats.

Doktor Zoom July 17, 2012 at 11:48 am

Requiring identity disclosure for donors of enormous sums of cash to political "social welfare organizations" that run ads is also fascism. Hitler did that shit all the time.

Estproph July 17, 2012 at 11:40 am

The Daily Caller knows the meaning of very few words.

Texan_Bulldog July 17, 2012 at 11:27 am

So this must mean Obama killed all those Jews. I am so not voting for this guy now. (As if my vote even counts in Tejas.)

sullivanst July 17, 2012 at 11:27 am

Wait, the wingnuts are now complaining because a corporate person chooses to send takedown notices only to violators they don't like? Why do they hate freedumb so?

JackDempsey1 July 17, 2012 at 11:32 am

The Romney ads could use any song from "Stop Making Sense."
David Byrne's suit is so ill fitting, it could only have been made by Americans.

freakishlywrong July 17, 2012 at 11:33 am

We need to change the name of Godwin's law to "insane, bitter, sore loser wingtard's law". Just sayin'.

Tundra Grifter July 17, 2012 at 11:33 am

A good friend of ours has a small retail store. She used to play tapes and CD's. A representative of one of the music publishers (either BMI or ASCAP) visited her and told her she needed to purchase a license to play copyrighted music in a commercial establishment.

BhobGeary July 17, 2012 at 12:02 pm

Which she does, legally.

I mean, if she's playing short snippets of songs in order to comment on them with her customers, that's fair use and all. But if she's playing music to enhance her customers' experience in the store somehow, then she's deriving a financial benefit from copyrighted material. If that financial benefit isn't worth the ASCAP/BMI fee to her, then she should write some songs and record her own CDs and play them – problem averted.

Doktor Zoom July 17, 2012 at 3:30 pm

Hmmm…brand new account, and the first post is this? I would never jump to conclusions, but you are OBVIOUSLY AN RIAA / MPAA SPY!!!!!!!!

Jennyjen798 July 17, 2012 at 8:50 pm

Meanwhile on the internetz….

BerkeleyBear July 17, 2012 at 1:01 pm

Well, that's what they do – try to make it feel like a universal requirement. Of course, the workaround is that businesses can broadcast radio, or even air "re-transmissions" where, say, the commercials are cut out, as long as they comply with square footage and speaker requirements.

Mittens Howell, III July 17, 2012 at 11:33 am

Oooh, that smarts like an involuntary haircut!

Monsieur_Grumpe July 17, 2012 at 11:33 am

BMG is people my friend and thus capable of being very petty.

randcoolcatdaddy July 17, 2012 at 11:34 am

Wait … conservatives actually _want_ this dreadfully produced political ad to be seen?

Are these people in some kind of suicide pact or something?

BoatOfVelociraptors July 17, 2012 at 11:36 am

If only they had bullets. http://www.youtube.com/watch?v=_GOtZObArFo&fe

Limeylizzie July 17, 2012 at 11:39 am

"Heil am so in love mitt du"

smitallica July 17, 2012 at 11:43 am

Trust us, Mittens, by pulling the ad where you remind people how sexy, cool, on-key, and not you-like your opponent is, they did you a fucking favor.

Also, someone with such a vaunted business background as you keep claiming to have should probably know the difference between public domain and copyright-protected. Asshole.

Generation[redacted] July 17, 2012 at 11:44 am

Potus doesn't like anyone on his phonus except Mrs Potus.

Beowoof July 17, 2012 at 11:48 am

Mitt is so not used to having to follow any of the rules the little people follow. And really Tucker Carlson's site, that paragon of journalistic ethics is complaining. It is so quaint, that they should bring up Hitler again in describing Obama, after all who more represents the Aryan ideal than Barack.

elburritodeluxe July 17, 2012 at 11:49 am

Ouch! Poor Conservapedia… Can't even get some love from Daily Caller.

SayItWithWookies July 17, 2012 at 11:49 am

The Romneyites should be grateful to BMG for getting that crap off the air. Right now their collective IQ is around 40 and falling, and if everyone with a voice in that campaign agrees that stonewalling the release of Mitt's tax returns is a good idea, they're looking at a long, painful toilet odyssey a la the scene in Gravity's Rainbow that I could never get past.

fuflans July 17, 2012 at 1:18 pm

this is what i said yesterday when i was so late to the original post they'd already pulled it. i honestly didn't know if it WAS sony or mittens' trainwreck of an ad team.

elburritodeluxe July 17, 2012 at 11:51 am

Because if there's one thing the Republican Party cannot stand for, it's private businesses asserting their property rights!

Tundra Grifter July 17, 2012 at 12:01 pm

Noel Sheppard is an insufferable ass. NewsBusters is a cottage industry stocked by otherwise unemployable idiots living off the lie of the left-leaning American media.

Their stock in trade is "Imagine" – as in "Imagine if a Democrat (or Liberal) (or any other group they hate) had done/said/thought/felt…" Because such a claim has no basis in fact it has no limit to its applications.

They use "Imagine" more than John Lennon.

FlownOver July 17, 2012 at 12:35 pm

Imagine Mittens with a "right-size" 2X4 jammed up his backside.

And smile.

Tundra Grifter July 17, 2012 at 12:47 pm

You got that right!

I used to post a bit on NewsBusters. Noel Sheppard threatened to ban me because I failed to toe the party line.

BhobGeary July 17, 2012 at 12:05 pm

This video *has* to go viral. I'm sure the usual-suspect wingnut sites will feature it, because they like to feel like persecuted outsiders even though they're white middle- to upper-middle-class white men. But hopefully they'll push it, email it around if they can figure out how attachments work, hype it as THE VIDEO BHO KILLED JEWS TO KEEP YOU FROM SEEING.

Do it for Ghost Andrew Breitbart.

mrpuma2u July 17, 2012 at 12:55 pm

This is a double fake, as what REALLY happened is that the Romney-bot campaign realized is that even that brief footage was causing too many wiminz to squeal in girlish glee over Barry O's soulful crooning, and they were screwing themselves outta votes, I think.

Puffperney July 17, 2012 at 5:10 pm

"…causing too many wiminz to squeal in girlish glee over Barry O's soulful crooning…"

Win!

mrpuma2u July 18, 2012 at 10:02 am

Thank you :) lets hope Barry O croons his way to a win…

commiegirl99 July 17, 2012 at 12:58 pm

Guys, I'm not applying heightened scrutiny to the comments; Intense Debate has been whack for a week. If you are finding yourself unable to comment, please email me or tweet me and I'll set you right.

Guppy July 17, 2012 at 4:14 pm

please email me or tweet me and I'll set you right.

Do you take campaign credit cards?

Fox n Fiends July 17, 2012 at 1:14 pm

Matt K. Lewis drives a Mercedes and once ate a Frankfurter. Just like Hitler.

Doktor Zoom July 17, 2012 at 10:14 pm

And the guy from Frankfurt said Lewis was "only so-so" anyway.

fuflans July 17, 2012 at 1:19 pm

One wonders if an Obama ad featuring the song would have also been pulled down

probably not matt. he sings well and he's black. one of the few places it probably helps.

BerkeleyBear July 17, 2012 at 1:20 pm

Dok, not to harsh your otherwise brilliant post, but fair use has nothing to do with how widespread the violations of copyright are by others. No one has to sue every potential infringer to protect their rights (although the defendant might argue abandonment or implicit licensing from widespread use, those are distinct affirmative defenses whereas fair use is a statutory defense). It also isn't all that concerned with how the artist is viewed or claims of false affiliation (other countries protect those sorts of things better than we do, although fair use will consider the impact of the use on the value of the work – not the artist's reputation). The major considerations in a fair use defense are why, how and how much of the work you are using – is it for criticism (of the work, not general commentary or every ad could run audio they felt illustrated a point without paying), education (in a classic nonprofit education sense, not issue ads or again campaigns would never pay for music) or in some other way with a transformative step (like satire); how much of the work is appropriated and whether the use is commercial or non-commercial. It is a nebulous defense, incapable of precise definition, but the best argument for Romney is that the snippet is so small compared with the entire work(albeit a hugely recognizable hook) that it amounts to too little content to amount to infringement. The counter to that is that there was no effort made for it to convey a repurposed message like when music is sampled (mainly because the Romney team was so badly prepared they didn't take the time to massage the work well). Plus this is complicated because the rights of Al Green are to the song, but all Romney cares about is Obama's performance of that snippet. But that's the kind of thing that lawyers can fight about in Mitt's "quiet rooms" for years from now.

Nostrildamus July 17, 2012 at 1:56 pm

Thanks for the elucidation, BB!

Doktor Zoom July 17, 2012 at 10:12 pm

Thanks, BB–not harshed at all, and in fact I think what I was getting at was not that there are lots of un-slapped infringements, but rather that it would be fair use because it was a widely-reported "news" event–President sings a song, it gets reported, and becomes a meme. I think a brief excerpt of that would be protected as fair use regardless of the content, just as if the Romney ad were using a clip of Obama speaking words instead of singing 'em.

Caveat: I have only a lay BoingBoing reader's awareness of Fair Use, which shows you my biases. Want to see my steampunk Disneyland mashup?

lulzmonger July 17, 2012 at 1:20 pm

Free Speech? On MY series-of-tubes?
It's less likely than most people think.

Interwebs 101: MODS ARE GODS, & any content you submit to them is their plaything, to be posted, deleted or mutilated (cf. exiledonline.com comment threads) as they see fit. Willard can post the big fucking fail of an ad on his own damn website & STFU.

poorgradstudent July 17, 2012 at 1:48 pm

Conservatives are supposed to be the pragmatic, salt-of-the-earth ones, and yet they don't seem to know what even elderly shut-ins who still use AOL know: that YouTube will cave to any claim of a copyright violation faster than Paula Abdul to a drug dealer.

Guppy July 17, 2012 at 4:15 pm

BMG is a person too, my friend.

M. Bouffant July 17, 2012 at 4:35 pm

Far as I can tell, BMG is the leader in having videos taken off YouTube, followed closely by the Zappa Family Trust.

doloras July 17, 2012 at 7:10 pm

Wendy Carlos is also in the running.

ttommyunger July 17, 2012 at 7:39 pm

You Tube, Shmoo Tube; Mittens is going down like a two-Dollar hooker on Saturday night.

DahBoner July 18, 2012 at 6:57 am

Why can't Mitt just sing the Chinese National Anthem?

No copyrights and the Chinese people love his job creation record!

Plus, they have no idea what a 'Mormon' is over there….

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