MegaUpload Takes Universal to Court Over YouTube Video
MegaUpload Takes Universal to Court Over YouTube Video
Posted 12/13/2011 at 3:34pm
| by Ryan Whitwam
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File host Mega Upload is taking no prisoners in its war of words with Universal Music Group. The site produced a music video of sorts with various well-known musicians affirming their support for the service. Universal wasted no time in filing a DMCA takedown saying that MegaUpload didn’t have the necessary rights to post the video. After a little back and forth, MegaUpload is taking things to court.
Universal claims that at least one of its artists did not authorize MegaUpload to use his or her likeness. This seems a little far-fetched because the video is not assembled from stock footage; people like will.i.am, Kanye West, and Ciara are actually interacting with the camera. Universal further asserts that other artists have come forward to it saying they did not give MegaUpload the rights to their images. MegaUpload says everything is on the up-and-up, and all the artists in the video consented.
The court case filed by MegaUpload seeks an injunction preventing Universal from filing additional DMCA claims on the video. It also seeks monetary damages. Do you think that Universal is “attempting to control what artists can and can’t endorse,” as MegaUpload claims?
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warptek2010
December 13, 2011 at 11:39pm
Megaupload posted its own takedown notice. On Universal!
Hope they win and set a precedent against these bullies.
livebriand
December 13, 2011 at 10:30pm
The assholes over at Universal are just telling a big, fat lie. Screw them!
Holly Golightly
December 13, 2011 at 9:33pm
Yeay!!!!!!!! I hope MegaUpload sues Universal out of business! I hope the next to get sued is the cable industry and then finally the RIAA for ripping customers for years.
Eoraptor
December 13, 2011 at 4:43pm
Of course Universal is telling a bald-faced lie. If these folks are literally taking part in an original video production, it's pretty obvious they tacitly gave their permission for their images/likeness to be used. but companies like Universal and their RIAA storm troopers have gotten away with whatever they want for so long, why would they even pretend at this point?
Whatever you want to say about mega-upload and other large-size file sharing sites, they have a right to be free from persecution and illegal tactics just like everyone else.
blkpanthr
December 13, 2011 at 11:51pm
perhaps universal has contractual agreements with said artists that forbid them from endorsing megauploads, that would be breach of contract, and give universal the right to issue the takedown notices..
just a thought...
tkid124
December 14, 2011 at 5:42am
Those contracts are with the artists. They would have to go after them, it would be a far and long streach to go after megaupload with just a breach in contract with the artist.
blkpanthr
December 14, 2011 at 7:25am
yes, they could go after the artists as well, but they still could try to force megauploads to remove the breaching material.
TheZomb
December 14, 2011 at 10:45am
They can try, but if megaupload has the artists consent they really have no chance. You can't acquire exclusive rights to a persons image or opinion. You can make a Non-disclosure agreement to restrict what they say, but if they are stating their own or someone elses opinion there is no legal recourse. The only thing they can do is terminate contracts with the artists if that was outlined in the contracts provisions.
blkpanthr
December 14, 2011 at 9:34pm
yuve missed the point of the DCMA takdowns that the studios are using, they can say whatever they want. You, as the poster have to prove otherwise....
Andacious
December 13, 2011 at 4:25pm
Maybe they should look into all of the illegal music that Megaupload hosts for download on a daily basis...seems like the bigger issue here.
TheZomb
December 14, 2011 at 10:49am
I'm sure megaupload complies with all DMCA takedown requests, so that they are covered by safeharbor. I love how when anyone hears about file hosting services, they automatically assume piracy. Your opinion of a perfectly legitimate business is the bigger issue here.
Eoraptor
December 14, 2011 at 7:28am
meaning any music that isn't controlled by RIAA. because they even collect royalties on music "on the behalf of" artists who aren't even members of studios that belong to RIAA.
Engelsstaub
December 13, 2011 at 3:54pm
Universal is the type of label that would file a DMCA complaint if one were to post the cover art from a Rammstein album on a social network.
Sad, really. There's some good artists signed to Universal Music Group. (Kanye West, and his autotune singing, is IMO not one of them.)
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