Sunday, June 20, 2010

Not Legal - More On the WELS Video and Stolen Music



Quotes - find your own links. I won't list them.

The Gays: cultural driving force, socially active influencers, Miley Cyrus lovers. This week a guy named David Fudge and six of his apparently homosexual friends (uh, just parroting here) posted a video on YouTube entitled "Party in the FIP" and it's blowing up like whoa. Why? Entertainment value! Never has a Cyrus song, in this case "Party in the USA" been better used, in our estimation.

The video is, as the Times blog MediaDecoder put it, flamboyant. And as we know, flamboyance is bliss to watch.

And the Disney got involved, sort of, and in doing so did something impressive. They left the video alone, except when Rich Ross, president of Disney Channels Worldwide called Fudge (yeah, we know) to say he enjoyed the video.

Apparently Cyrus herself Tweeted about it as well, saying "I am OBSESSED with this video! Let's make one!"


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Miley Cyrus' hit song 'Party In The USA' was remade as 'Party In The F.I.P' starring guys dancing on the beach at gay and lesbian resort Fire Island Pines in New York. On Twitter, Miley said she is 'OBSESSED' with this video.

Disney did not seek legal action to have the video removed from YouTube. Creator David Fudge told New York Times: 'I assumed it would be taken down pretty much immediately, particularly because of the music rights issue.'

Disney Channel Worldwide president Rich Ross even called him: Fudge said: 'I was like, who? He just said that he loved it and wanted to tell us that. He was extremely nice.'

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Mainly we're posting this because it's a Friday afternoon and rainy (at least here in New York). We figure you need some entertainment to launch you into the weekend. But there is a legal angle to this music video. It might have spawned intellectual property litigation , if Disney -- and Miley Cyrus -- didn't have such a good sense of humor. Enjoy! (Feel free to discuss "fair use" issues in the music...

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Currently, a parody of a Miley Cyrus video is an Internet phenomenon. “Party in the FIP” is a take-off on Cyrus’ hit “Party in the USA,” which is on Hollywood Records, a Walt Disney Company. “FIP” refers to Fire Island Pines, a famously gay New York beach. The video features, in the words of MSNBC host Carlos Watson, “guys dancing on the beach in Speedos.”

In a segment on August 31, Watson said, “It appears that Disney is in on the joke, or at least they’re laughing at it too.” He turned to cohost Kerry Eleveld, of gay publication The Advocate. “What do you think about Disney, who doesn’t always seem to be the most progressive company in the world, seeming not only to be to be okay with it but making phone calls to the creator of it?”

“They might not be incredibly progressive,” Eleveld said, “but they’re smart business people. It never hurts to have gay men on your side.”

Read more: http://newsbusters.org/blogs/matthew-philbin/2009/08/31/gay-video-parody-miley-cyrus-disney-shrugs-msnbc-applauds#ixzz0rRvL5JTP

The company has apparently figured that out. Disney World theme park in Orlando, Fla. has been hosting “Gay Days” since 1991.And for Disney to wink at the use of tween-idol Cyrus’ material shows just how important the gay market is to the company.

As Reason Magazine’s Jesse Walker wrote in 2000, “In one of the most famous copyright cases of the '70s, it successfully halted sales of Air Pirates Funnies, a risqué underground comic by Dan O'Neill featuring the Disney characters, even though the comic was clearly a Mad-style parody.” Disney was also at the forefront of lobbying for the Bono Act of 1998, which extended U.S. copyright terms by two decades.
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The video, renamed Party In The F.I.P, centres (sic) around guys having fun at gay and lesbian resort Fire Island Pines in New York, dancing and miming to Cyrus' song.

The singer

admits she's "obsessed with this video," and Disney chiefs, who are usually quick to seek legal recourse against all copyright infringements are reportedly keen to get hold of the man behind the promo, so that he and Cyrus can hook up for publicity.

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Normally, this would be where Disney steps in with swift legal recourse for copyright infringement, but instead both Cyrus and Disney are eager to find the culprits of the gay dance video – “Party in the F.I.P.” – for publicity.

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GJ - In brief, stealing music and remixing it is a legal issue. Of course, the burden is on Disney to have a video yanked.

Martin Luther College, owned and operated by WELS, is guilty of breaking the law. They sponsored the video contest, had the video shown to the student body, and did not even ask that the video be taken down - according to the video stars, who lie a lot - part of their training.


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bruce-church (https://bruce-church.myopenid.com/) has left a new comment on your post "Not Legal - More On the WELS Video and Stolen Musi...":

A parody mocks a song or play, but knock-offs just dub the music and insert a new singer(s). The Fair Use Act covers parodies but not knock-offs:

http://en.wikipedia.org/wiki/Parody

A parody (pronounced /ˈpærədiː/; also called send-up or spoof), in contemporary usage, is a work created to mock, comment on, or poke fun at an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation.



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GJ - The Martin Luther College gay video is not even a parody - it is almost a frame-by-frame copy of Party in the Fire Island Pines. Mike Fudge did not do a Michael Jackson move, but the MLC gays men did. That is the limit of their creativity.

As California wrote, this is just one symptom of much bigger problems.