Radiohead Vs. Prince In The World Series Of Copyright Law

ifyoutakeapictureofprincedoesheownyourcamera.jpgBy now, you’ve probably heard that Prince put his own spin on Radiohead’s “Creep” at Coachella last month. However, any recorded evidence of the cover has been removed from the Internet faster than you can say Prince and the New Web Sheriff Generation. (One copy might remain below the cut.) But does Prince actually have the right to ask for removal of the clips?

Radiohead believes they should have been able to ask for removal of the clips from YouTube, since they, you know, wrote the song and all.

In a recent interview, Thom Yorke said he heard about Prince’s performance from a text message and thought it was “hilarious.” Yorke laughed when his bandmate, guitarist Ed O’Brien, said the blocking had prevented him from seeing Prince’s version of their song.

“Really? He’s blocked it?” asked Yorke, who figured it was their song to block or not. “Surely we should block it. Hang on a moment.”

Yorke added: “Well, tell him to unblock it. It’s our … song.”

YouTube prohibits the posting of copyrighted material. If the site receives a complaint from a copyright owner, it will in most cases remove the video(s). Whether the same could be done for a company not holding a copyright is less clear, but Yorke’s argument would seem to bear some credence according to YouTube’s policies. YouTube, which is owned by Google, declined to comment.

Prince also did not immediately respond to a request for comment Thursday.

Prince may be able to claim that he put enough of a spin on the song to have some copyright control over his version, but that claim probably won’t hold up. But who would dare argue with the Web Sheriff (who in my head looks a lot like Sheriff Lobo, but with a British accent)? He’s watching over us all!

Radiohead to Prince: Unblock ‘Creep’ cover videos [AP via CNN]

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7 Responses to “Radiohead Vs. Prince In The World Series Of Copyright Law”

  1. by NickEddy at 2:18 am

    I hope this gets cleared up and allows for an “Idioteque/”It” medley.

  2. by How do I say this ... THROWDINI! at 2:22 am

    Copyright law grants Prince a copyright interest in recordings of his performance of the song. Just because Radiohead wrote the song doesn’t mean they own all versions of it. For instance, they couldn’t release a CD/DVD/mp3 of Prince’s cover version. The amount of “spin” he put on the song is irrelevant.

  3. by queensissy at 3:05 am

    How do I say this …… has it right. There are two separate sets of rights here - the composition and the performance of the composition. Either Radiohead or Prince could legally have the clip taken down if either declined permission. Easy enough?

  4. by at 3:34 am

    when pop stars cry…

  5. by Chris N. at 3:38 am

    Claude Akins represent!

  6. by Captain Wrong at 8:17 am

    @How do I say this … THROWDINI!: Exactly and Radiohead have been in the biz long enough to know this.

  7. by WEBSHERIFF at 8:22 am

    WEB SHERIFF
    Protecting Your Rights on the Internet
    Tel 44-(0)208-3238013
    Fax 44-(0)208-3238080
    websheriff@websheriff.com
    http://www.websheriff.com

    Hi Dan & Everyone,

    Many thanks for your interesting story … .. “My-Good-Fellow” (we hope that’s British enough for you ?!) … .. the point here is that How Do I and QueenSissy are correct - Prince actually has performers’ rights in his stage and recorded performances and, as such, he’s still entitled to pull these videos if he chooses to and regardless of whether or not he wrote the song.

    There is a very interesting comparison to be drawn between Radiohead and Prince who, between them, probably represent the spectrum of artist opinion on the use of the internet. Some artists are very relaxed about the use of their rights on the net, whereas others are more protective, which, we’d suggest, is the whole point - it’s the artist’s decision (whichever way they lean) and no one else’s.

    We hope this clarifies the position for your readers.

    All The Best,

    WEB SHERIFF

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