Evanescence, Seether and Creed videos no longer available

Org Profile · Post by **Phade** » Tue Nov 15, 2005 10:27 pm

Hey All,

It has been an exceptionally stressful 24 hours to say the least. Please read this entire message slowly and carefully, pausing for stress breaks if needed. As a much needed spoiler: You are OK and the Org is mostly OK. Take a deep breath.

At the end of the day yesterday, I received a legitimate and confirmed “cease and desist” request from a major record label concerning AMVs on this web site. It basically said that the copyright holders of a group of musical artists would like the Org to stop distributing videos using their music. After speaking today with the attorney representing the group, we were able to come to the agreement that the links to the videos using their music should be removed from the site and then all would be good.

What this means is that local downloads and links to videos by this group of artists are now no longer available. The artists are: Evenescence, Creed, and Seether. Any video containing any song by these artists are automatically blocked and can no longer be linked from or downloaded from this site. These videos now have the message “Links for this video are no longer available.”

I asked what brought all of this to their attention, thus requiring them to take action. The attorney replied that someone, most likely a fan, contacted them (either the record label or through the band’s web site) asking if the videos hosted here at the Org were created by the band. Since they were not, they had no choice but to issue a cease and desist request.

If you have created an AMV by any of these bands, there is no need to worry. Their concern was about the online availability by streaming or downloads of their songs. If the AMV you have created is not available for download on your own web site, you are safe. The catalog entry itself for the video does not put you at any risk. The download availability of the videos from this site are what put this site at risk and no one else.

It is unfortunate that this has happened. But through careful negotiations, we have been able to avoid having the entire site shut down (or worse). For now, I am going to lie down on the floor and take two weeks to get my heart rate back to normal.

Phade.

PS. Please do not write to the record label, band, or anyone else in the music industry about AMVs for any reason. Thank you.

[paizuri: I edited the title to make the message more clear.]

trythil · Post by **trythil** » Tue Nov 15, 2005 11:16 pm

Can you confirm that the record label in question is Wind-Up Records?

We don't have to write to them; we can simply refuse to give money to them. We can't do that, though, if we don't know who it is.

Org Profile · Post by **Phade** » Tue Nov 15, 2005 11:21 pm

Hey,

Everything has already been confirmed. I called them up myself and talked with them earlier today. I've done all I could do. They never asked for money since it wasn't what they wanted.

Phade.

Org Profile · Post by **Otohiko** » Tue Nov 15, 2005 11:27 pm

I think trythil meant something quite different.

It's no surprise to me, and I shall withold my views on this otherwise. It's a shame it had to come to this, and I hope this doesn't begin a pattern.

Should it, I believe it will be a long time before my own videos come under any such accusation, as most of my chosen artists are better-managed than that.

The corporate cycle is consuming the 'creative' cycle -

"all is right with the world"

Pwolf · Post by **Pwolf** » Tue Nov 15, 2005 11:37 pm

currious why it was only those three bands tho?

Pwolf

JaddziaDax · Post by **JaddziaDax** » Tue Nov 15, 2005 11:39 pm

I think the downward spiral of doom has started...

genestarwind21122 · Post by **genestarwind21122** » Tue Nov 15, 2005 11:45 pm

Did you get a chance to tell them that we are only talking about 400,000 members and not like millions upon millions of people. And to put that aside most videos normally see below a 1,000 downloads the really good ones may get up to 2,000-10,000 downloads. So is it really that bad when you consider that there are only so many songs up and the number of downloads on those songs aren't that great of deal or damage to the company. Plus not to mention at least half the videos you download with the popular bands aren't the best and you end up deleting them anyways.

This is diffidently troublesome.

JaddziaDax · Post by **JaddziaDax** » Tue Nov 15, 2005 11:47 pm

there could be other factors other than the fact its circulating from this site... o.0

stupid music industry... from what i know its the most F*ed up... o.0

Org Profile · Post by **Phade** » Tue Nov 15, 2005 11:54 pm

Hey,

Pwolf: I didn't think I was in the position to ask too many questions. I think I was pushing it by asking, "how did we come to your attention?"

genestarwind21122: It had nothing to do with volume but everything to do with license (actually the lack thereof).

Phade.

genestarwind21122 · Post by **genestarwind21122** » Tue Nov 15, 2005 11:56 pm

Do you think if it came down to it would people be willing to pay to download amv's? I mean a monthly fee lets say of $5-$10 for unlimited downloads.

(I know I owe you for the donation. Kinda of funny I'm recommending this.)

Gene Starwind 21122