Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

                                                

Councillor Tony Smith 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, Lyndzay Roberts
Councillor Tony Smith 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, Lyndzay Roberts that Sony prevented being watch on Youtube until now.

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Ed – Updated 11:58 14/11/2014 to include additional information.

Well the above Youtube video of the Cabinet meeting of the 4th September 2014 (previously blocked by Youtube in Germany and unavailable for anyone to view for the last fortnight because of Sony) can now be viewed.

Sony Music Entertainment haven’t sued me, so the video has to go back. My arcane knowledge of the counter notification provision to a DMCA takedown notice in the American Digital Millenium Copyright Act paid off.

The issue was to do with the use of the music track “We bought a Zoo” [2011] by Icelandic musician Jónsi.

It means the 15 minute restriction on videos, restrictions on live broadcasts is no lifted on the main Youtube channel I use. Also the account is returned to good standing.

However in future at a public meeting, even though I can justify fair use on the grounds of news reporting, to prevent the making of false allegations of copyright infringement and this happening again, I have decided not to film videos shown during public meetings (obviously there may be exceptions to this general rule).

With regards to the Lyndale School video, the fact that Jónsi is blind adds another interesting element to the Lyndale story.

It’s not however just Sony Music Entertainment that have tried to prevent footage of Wirral Council’s public meetings being shown. Wirral Council tried it at a call in earlier this year in February (about Lyndale).

Also at a recent meeting of the Youth and Play Service Advisory Committee on the 28th October and the Youth Parliament on 11th November Wirral Council were adamant that for child protection reasons these public meetings couldn’t be filmed.

This was because at the meeting on the 28th there was a 16-year-old present and at the meeting on the 11th November, there were 11-18 year olds present in addition to councillors.

Strangely enough on that very topic the Youth Parliament, the BBC are filming (and showing on BBC Parliament today) from 11.10am-12.40pm and 1.40pm onwards the Youth Parliament debating in the House of Commons.

In fact here is a quote from one UK Youth Parliament member Ciara Brodie from Liverpool (who will be leading a debate):

“Friday 14th November will be an incredible day, not only for those sitting in the chamber, but for young people across the country. This is the day when hundreds of Members of Youth Parliament will take to the green benches of the House of Commons and debate on the issues that are most important to us. These five issues have been decided by a nationwide ballot taken part in by over 865,000 11-18 year olds. This day will be symbolic, because young people often feel excluded from politics, and like their voices are neither acknowledged nor represented in Parliament. This sitting is an incredible opportunity to engage young people from across the UK in political debate, just months before a General Election. With educational reform a hot topic and 16 and 17 year olds voting in the Scottish Referendum, there has never been a more important time to listen to young people. It is one thing to be given a voice but hopefully, as a result of this debate, young people will also be listened to. This is our chance to make our mark in the heart of Westminster.”

Here is what a Youth Parliament document states about the filming today:

Television coverage

The debates will all be filmed. BBC Parliament will be broadcasting the debates live with a five minute time delay.
The debates will also be streamed “live” with a time delay directly to the newsrooms of the BBC, Sky, etc – so that broadcasters may use the footage that day if they want to.

It is very important that during the debates MYPs don’t say anything that is factually incorrect (i.e. slanderous), don’t swear and are careful not to damage the reputation of Parliament (e.g. call MPs liars!). We will be taking legal advice on anything that could be considered slanderous and any such statements will have to be removed.
The microphones and cameras will be on in the Chamber at all times.”

Coverage of the morning session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 8.20pm.
Coverage of the afternoon session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 9.50pm.

Coverage of the morning session will be available on BBC Iplayer at this link (1h30m).
Coverage of the afternoon session will be available on BBC Iplayer at this link (2h10m) .

That’s a total of 3h40m of footage.

The problem however is despite the House of Commons changing the law at Wirral Council, the officer/councillor requests to ban filming the public meeting of Wirral Council of the Youth Parliament earlier this week, especially as the Openness of Local Government Bodies Regulations 2014 meant that from August 6th 2014 Wirral Council could no longer ban any filming at its public meetings, just looks somewhat slightly silly now, old-fashioned, possibly unlawful when the BBC are filming the Youth Parliament in the House of Commons at a public meeting to a much wider audience?

Maybe Wirral Council’s child protection policy will prevent its UK Youth Parliament members (aged between 11-18) actually being involved at all in London at the House of Commons today (which if it does that’s a shame). Mind you under their “child protection policy” the public & press have been told in the past aren’t even allowed to know even the names of who from Wirral represents the views of young people on the Youth Parliament!

In Wirral of course, with full approval from Wirral Council’s Cabinet, children’s voices are not to be heard outside of meeting rooms at public meetings on political issues. The reason given is because “they’re children” and of course Wirral isn’t known to as the “insular peninsula” for no reason. It’s however really part of a wider cultural attitude against openness and transparency and of trying to control the press.

Wirral will probably also say its for safeguarding reasons, however I would say the effect of broadcasting on national TV, online and through other broadcasters is likely to reach a much wider audience than probably the fifty or sixty views there would have been of the Youth Parliament meeting at Wirral Council.

What have Wirral Council actually got to hide when it comes to teenagers? Do they just so ever conveniently forget at time they get £millions of public money to spend on their education?

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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

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):

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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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