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Posted by: John Brace | 28th October 2014

Youtube censors 4th September Wirral Council Cabinet video about Lyndale School closure consultation

Youtube censors 4th September Wirral Council Cabinet video about Lyndale School closure consultation

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 (the public meeting Sony Music Entertainment won’t allow you to watch the first part of) to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

Interest declarations: The author of this piece filmed the Cabinet meeting of 4th September 2014 referred to in this piece. The author of this piece works for an organisation that receives royalties from Youtube/Google for videos he films of Wirral Council. The author is in dispute with Sony Music Entertainment over the filming of a video shown at the Cabinet meeting of the 4th September 2014.

As if the piece about blog comments being censored wasn’t bad enough, Sony Music Entertainment have chosen to stop you viewing video of the 4th September meeting of Wirral Council over the decision to close Lyndale School (which includes contributions from parents and those associated with the school).

However it was viewed 88 times (and called in and then a minority report was written on it decided at Council a week ago), so I suppose many people who want to see it have seen it by now.

Why have Sony Music Entertainment done this? Well they claim to have a licence to the track created by Icelandic musician Jonsi “We Bought a Zoo” [2011] which was used in the video about the school shown at the meeting. I’m not disputing that this track wasn’t used as background music in the video.

However both British and American law allows for “fair use” of copyrighted materials for the purpose of news reporting and the music is only incidental. These exemptions written into both British copyright law and American copyright law. This is a point I’ve repeatedly pointed out to Sony Music Entertainment and Youtube over the past month and two weeks. A bit like dealing with Wirral Council I’ve been ignored.

There was another copyright claim made on the video (not by Sony Music Entertainment but by another organisation), but once it was explained to them the fair use claim they released their claim.

Here is the video (which you now can’t see):

So the battle for Lyndale School takes an unusual turn as an American multinational, based on the work of an Icelandic musician Jonsi insists Youtube not show the world what happened at Wirral Council’s Cabinet on the 4th September 2014.

Don’t you just love American culture who trumpets constitutional protections to “freedom of speech” (but seemingly for fellow Americans and not for foreigners)?

Also Youtube have told me that until it’s all sorted out (which at this rate could be forever and a day) I’m not allowed to upload new clips of over 15 minutes (there aren’t many Wirral Council meetings that are shorter than this). Yes I can re edit video clips of Wirral Council down to shorter than fifteen minutes before uploading, but it’ll just take more time and hastle to do so.

I have submitted a counter notification, whether Sony Music Entertainment bother to pay any attention to it is anyone’s guess! My guess is that Sony Music Entertainment have a policy of going after everybody (fair use or not) to try and take down possibly infringing works.

This is making me seriously consider alternatives to Youtube for uploading videos of Wirral Council. I’ve been considering a podcast for a while, so will seriously consider Apple and other alternatives.

In the meantime this is another issue to do with Lyndale School that cheeses me off. Many people know that American multinationals seem to put profits ahead of people but in censoring a meeting about Lyndale School Sony are showing disrespect to children, the press, the public and the disabled community.

As long as this dispute lasts, I won’t personally be buying any music (or other media) sold through Sony Music Entertainment and suggest readers boycott them too as perhaps that is the only way Sony Music Entertainment will actually listen?

Before you leave a comment the total revenue earned on this particular video over the last two months I estimate at a grand total of 6 British pence (or if you’re Sony Music Entertainment an American dime).

Personally if I was Sony Music Entertainment I’d be wondering whether this is all worth it for what they’re going to get out of it. Perhaps they’re trying to make a political point about greed and Lyndale School, but I seriously doubt it! 🙂

I’d be interested to hear your thoughts on the above, so please leave a comment below.

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Responses

  1. It would seem that Sony management have the same petty minded mine set as do Wirral council missing the point entirely that the video was about the enforced closure of a school for disabled children no matter what.
    The “consultation” will eventually go the councils way no matter what & as the Mayor recently pointed the Lyndale closure was shambolic as are many of the councils decisions.
    John I despair at peoples attitude missing the point of the video & posturing on their bottom line, I like you will avoid Sony products in future & You Tube as well,its a pity that I cant avoid Wirral council in same way

    • Thanks for your support on this one John. Youtube tell me to wait a further 10 days (not sure whether calendar or working) to see what happens next.

      Anyway if Sony sue me in the American courts, it’s a nice short holiday in America for me an Leonora. 🙂 I doubt it’ll get that far though as guess the next stage will be that Youtube find they have a contract with Sony Music Entertainment and unlike Wirral Council I don’t think Youtube will have trouble tracking down their contracts. 🙂

      The second consultation is only four weeks long and I’m sure the submissions made during it will be similar to the ninety to the previous one.

      Then it’ll come back to Cabinet, depending on what Cabinet decide probably called in.. but if a final decision on closure is made by Cabinet I think one of the parents will probably sue Wirral Council.

      Quite what a High Court Judge will make of Wirral Council’s decision making processes on this matter I’m unsure! However Wirral Council can’t say they haven’t received enough warnings!!!

    • To be honest with you, I’m not avoiding Youtube, as strictly speaking they’re just caught between myself and Sony Music Entertainment.

      As you can see here

      https://www.youtube.com/watch?v=5QwKJrLgK0M

      exactly the same video as was shown at the Cabinet meeting, but a better quality version than my recording on the 4th September can be viewed on Youtube anyway.

      However I gather there have been issues with that one too, just as they uploaded it about a month or two before mine, the process is probably a bit more advanced.

      Being a charity and non-commercial use, it may be seen differently by Sony to my own usage who knows? As we all know though, there are often double standards in life!

  2. It would seem that you are getting closer now, there is a connection on your Blog to wirral council in more ways than one, try to connect the land of fire to wirral, when you do that, that what you seek will become known to you in part anyway. Shambolic

    • Ahh well Wirral Council are the administering authority for the Merseyside Pension Fund.

      The Merseyside Pension Fund invested £7.5 million in Heritable and Glitnir (both Icelandic banks).

      Then the financial crisis came along.

      The Icelandic people decided they weren’t going to bail out their banks at Icelandic taxpayer expense, so Wirral Council had to settle for getting some of their investments back. 🙂

      That’s one connection anyway… shame the British government didn’t do what the Icelandic government did with regards to the banks… 😀

  3. G’day John

    Is this one of the three councillors heading up The Raving Loony Party as seen on 8 October?

    Ooroo

    James

    • The Official Monster Raving Looney Party don’t have any councillors on Wirral Council.

      However the three councillors pictured above are from the Labour Party as the Cabinet is 100% Labour (10/10).

      The meeting you refer to on the 8th October was a committee with 5 Labour councillors (including a Labour Chair and Labour Vice-Chair), 3 Conservative councillors and 1 Lib Dem councillor.

      That’s because the proportion of parties on the committee has to be approximately in proportion with that party’s share of the seats on Wirral Council.

    • However in answer to your implied question, none of the three councillors pictured above are members of the Audit and Risk Management Committee unless they happen to be Labour deputies (which I haven’t checked into).

  4. G’day John

    I wasn’t referring to the picture but your correspondent.

    Have a great day.

    Ooroo

    James

    • People have called me and Leonora many things but it’s been a while since correspondent was used as it’s a little out of fashion over here. 🙂 You have a great day too.

      I suppose I have shifted somewhat from reporter to correspondent over time…

  5. Why was 1.4 Million taken from the Pension Fund by an Administrator? A “TRUSTEE” so to speak and where did it go?

    • If you’re referring to the Icelandic banks issue, that was because the banks went into administration and Wirral Council administering the Merseyside Pension Fund ended up with a percentage of their original investments.

      Was that what you were referring to or something else?

      I should at this point point out that my father is currently paid a pension by the Merseyside Pension Fund (administered by Wirral Council).

  6. […] Before the meeting started, I figured out they were going to show a video so asked about background music and I was told there would be background music in it, so I stated I wouldn’t be filming the twelve-minute video shown (which was agenda item five ALUMNI PROJECT – Creative Youth Development – Presentation) because of the ongoing issues I wrote about yesterday surrounding publishing video of public meetings at which vide…. […]


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