Posts Tagged 'law'

Silenced by Cher! 1st ROM Lower-Body Workout Vid MUTED by THE MAN! What I’m Gonna Do About It

So last week I posted my first lower-body ROM workout video. The first people that saw it got the full experience just fine – they laughed, they cried, they were inspired. So imagine my surprise a couple days later when my buddy Andrew Tatum (who just had his first baby, btw) comments on the vid and says “This is much, much more hilarious without the sound…where’s the sound, friend?”

No sound?! Well, then I check my Inbox to find out that YouTube has emailed me – one No Reply. Mr. Reply cut straight to the point: “Your video, First ROM Leg Workout!, may have audio content from Believe by Cher that is owned or licensed by WMG. As a result, your video has been muted.”

Silenced by Cher??

Now I’d like to think that Cher had nothing to do with this, personally. She seems like a decent woman. But clearly, these ‘WMG’ people she’s hired are a bit over-protective, not to mention too much time on their hands. I mean, c’mon, who gets paid to watch every single YouTube upload and determine if one’s violating their interpretation of copyright? In an era of massive layoffs, this job just screams ‘pork.’

(The infamous silenced video itself)

But the bottom line is, What to do? I majored in Journalism in undergrad. I’ve taken a Media Law class. And what we all came away with in that class is that a.) Intellectual property rights are a big deal, and b.) We have no idea how they ought to work on the World Wide Web. It’s an evolving phenomenon. As a creator myself, I wouldn’t want someone misusing my work, particularly for profit. But seeing as a.) It’s a pretty low-quality recording, b.) It’s not for profit, c.) It’s all in good fun, I don’t see where I’m violating “fair use.” YouTube’s Copyright Dispute page points to a page with four factors to self-diagnose fair use:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

Siiiiiiiiigh. I dunno. It seems to me that my use of ‘Believe’ by Cher falls under ‘parody’ kinda, utilizing the song as background music in a fun kind of way that, if anything, gives publicity to this has-been pop-radio hit. But what do I know?

I don’t.

Now had this happened a month ago, I would have momentarily raised my fist in the air, and then done nothing. After all, I’m not a lawyer, and I can’t afford one for something like this, can I? Oh, but now I can – thanks to the friendly folks at Pre-Paid Legal! A few weeks ago I signed up for Pre-Paid Legal’s Family Legal Services Plan with Identity Theft Shield. A friend of mine had become an independent PPL associate and suggested I check ou the service. Basically, for $35.95 a month I get:

  • Preventative legal services – including legal consultation & advice by phone, letters written & phone calls made by lawyers on my behalf (up to two a year for my small business too), contract and document review, and will preparation for Jasmin & I for just $20.
  • Motor vehicle legal services – including help with traffic tickets and (God forbid) defense in the event of Manslaughter & Vehicular Homicide charges
  • Trial defense services – including up to 60 hours legal defense for civil or job-related criminal charges
  • IRS audit services – basically advice & representation if the Tax Man comes after you
  • Identity theft shield – round-the-clock credit report monitoring, licensed investigation, and identity restoration should virtual baddies usurp our good digital names

I thought that was a pretty good deal. After all, lawyers are expensive – so pricey, that we rarely utilize their services when we just have a basic question about our rights in a given situation – in my present case, me vs. Cher. So I got the service, and I decided to become an independent associate myself. After all, I know a ton of church planters, small business owners, entrepreneurs, and others who would benefit from having a full legal team on a shoestring budget. If you’re interested in the service – or looking for an income opportunity – feel free to visit my PrePaidLegal page and sign up. You can also email me at morrell.michael [at] gmail [dot] com if you have any questions.

So today, I’m going to call my lawyer. I can’t guarantee that the audio will be restored to my ROM lower-body video – the call might simply be an education on the latest nuances of Internet copyright law – but at least I’ll know. And knowing, as they say, is half the journey.

Sin Boldly! Free Audio Download had a great dinner the other night here in Raleigh (at Bogarts, mmm) with my friend Mark from Zondervan/Symtio, a new audio/eBook hybrid platform launching to serve the Big Z and several other houses. We had a great conversation about Foresight@Regent, ministry, and the future of publishing in all its technological and authorially-empowered glory.

One cool thing I learned about is a little-publicized full audiobook giveaway of Cathleen Falsani’s incendiary tome Sin BoldlyFalsani is a Wheaton grad and religion Chicago Sun Times, Huffington Post, and Religion News Service. I haven’t read (or listened) to the book yet, but with a dual background in evangelicalism’s heartland and those godless liberal media (grin), I’m sure it’s interesting.

In case you take umbrage at the title (and it’s not the book on the left, by the way), here’s the back story: Martin Luther said it. Here it is in some kind of context, from a 1521 letter from Luther to Melanchthon:

If you are a preacher of mercy, do not preach an imaginary but the true mercy.  If the mercy is true, you must therefore bear the true, not an imaginary sin.  God does not save those who are only imaginary sinners.  Be a sinner and sin boldly, but let your trust in Christ be stronger, and rejoice in Christ who is the victor over sin, death, and the world. (Source), Lutherans – such a way with words! Because I’m kinda New Perspective-y, I wrestle somewhat with Luther’s late Medieval psychologized reading of Paul and texts discussing grace. I think Luther equated 1st century Jewish folk with his contemporary Catholics, and Hebrew Law with Canon Law and his own conscience, and well…things got complicated. But! Let me be the first to sing Amazing grace, how sweet the sound! We interpret the meaning and scope of grace differently from age to age, but I think any person of faith, hope, and love rejoices in God’s compassionate grace revealed in the face of Jesus.

So back to Lutherans for a sec. From Nadia Bolz-Weber (whose own book, Salvation on the Small Screen, is just delightful) to Robert Farrar Capon – who isn’t technically Lutheran but I’d like to say Episco-Lutheran in a way that’d make Karen Ward proud – some of favorite grace theology, practice and storytelling comes from Lutherans. I have no idea if Falsani is a Lutheran.

And on that note, please, download the audio book here while it’s still available (and then go buy a truckload if you like it – its the only way publishers will have their fears assuaged and keep trying these nu-media experiments). And check out this short YouTube interview with Falsani.

Grace & Peace…

Liberating Differences? Where I’ve Been – Final

I bring the grace-hammer down in this post! Want to read it? It’s here, on my new blog,! Please update your subscriptions & bookmarks. Thanks!

Covenant Expiration Dates & Perpetual Renewal – Where I’ve Been Part 3

The trip down doctrinal memory lane continues here…

Actually, it continues here, on my new blog,! Please follow me there, and update your subscriptions & bookmarks accordingly. Thanks!

Check Out This Free Book Club


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    My Writings: Varied and Sundry Pieces Online

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