Apparently somebody out there doesn’t want you to hear this, the admittedly crappy mash-up I designed to demonstrate some similarities between M.I.A.’s “URAQT” and Lady Gaga’s “Telephone”. Although I’ve recently made a move to WordPress, my old posts are still available at Blogger — and this morning, I received a DMCA takedown notice, indicating that somebody had filed a claim of copyright infringement (not specified, though presumably having to do with my sound clip), and that Blogger had removed my post from public viewing by setting its status to “draft”. (WordPress has sent me no such notification, so the post remains available here.)
As a Canadian grad student living in the US, with a legal defence fund of approximately eight dollars, I am in no position to contest this whole thing. If WordPress receives a similar notice and takes down this post, I will let them. But first, I want to say: this sound clip is a clear example of fair use. It’s a brief excerpt from two songs, placed on top of each other to show similarity, and framed by critical comment. (It’s speculative critical comment, designed to raise questions rather than to make a firm point, but I stand by it on those terms.)
I don’t know if this notice was the result of a blanket search of some sort, of if perhaps somebody is trying to avoid the kind of controversy generated by mash-ups of Avril Lavigne and the Rubinoos or Green Day and Oasis. If it’s the former, then there’s clearly a problem with the way in which that search was conducted, and in which that claim was filed. If it’s the latter — well, read the post, where I explicitly state that “I don’t think this similarity [between the two tracks] is theft of any kind”. That wasn’t my point; again, my point was to raise critical questions.
Too bad that Blogger, and whoever filed this claim, didn’t see fit to ask critical questions about the content of my post in return.


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