See This Video Before Its Yanked
[Guest post by Aaron Worthing; if you have tips, please send them here. Or by Twitter @AaronWorthing.]
We don’t know very much about this girl, probably out of respect for her privacy. Still she lives in Brazil and before her recent surgery, she hid her face, like this:
Call me weird, but I think she was adorable even before the surgery (yes, based on seeing her whole face), but you can see how self-conscious she is in that image and I won’t even try to guess what it was doing to her little heart to feel ugly as she did. Anyway, at the WaPo, there is video of her before and after the surgery to repair a cleft lip, including her reaction when she is shown what she looks like.
The only problem is whoever shot the video added KT Tunstall’s “Suddenly I see” as background music.” Oh, it’s a cute touch, but I am willing to bet they didn’t clear it with the artist first, so there is a real danger it will be yanked for copyright issues. So go watch like immediately. You’ll be glad you did.
That being said, Ms. Tunstall, let me make a suggestion on the odd chance that you or your record company is listening. I know in the law of copyright, you have to be very protective, that you can’t tolerate people trampling your copyright without endangering your entire right to control it at all. But at the same time, I don’t think anyone wants to see you cause this to get yanked, so… Make a simple deal with whoever made the video, like that they credit your song at the YouTube site or something. Some small contribution so you can say that you willingly sold the right to use the song in the soundtrack to this video and allowing everyone to be happy. Because if it gets yanked, that is bad publicity, and if it stays, that seems like good publicity.
Via Hot Air.
[Posted and authored by Aaron Worthing.]
Thanks.
gary gulrud (790d43) — 9/20/2011 @ 8:43 amHave donated to this organization before, and looks like it’s time to again. What a great vid (her surprise, and little smile, after she realizes “that’s the new me” is priceless). Thanks for linking.
no one you know (325a59) — 9/20/2011 @ 9:06 amThere truly are “miracle workers”.
Another Drew - Restore the Republic / Obama Sucks! (3c2b69) — 9/20/2011 @ 9:21 amDamn doctors. They make quite a lot of money don’t they? We must tax them more!!
elissa (cb869f) — 9/20/2011 @ 9:35 amAbsolutely precious.
JD (318f81) — 9/20/2011 @ 9:43 amAaron, I think you’re confusing copyright and trademark law. The copyright owner of the song can choose to not enforce it here, whether they receive a nominal payment or not, and that would have zero legal impact on their ability to enforce copyright against other infringers.
It’s trademark law that has a “use it or lose it” requirement, where failure to object to a particular use risks losing all right to object to any other use.
But a beautiful story, and picture.
PatHMV (a8df35) — 9/20/2011 @ 10:58 amShe is adorable. Thank Heaven Obama is going to discourage us from donating to Operation Smile by curtailing charitable deductions. We don’t want nations like Brazil to surpass us in the all-important Cute Little Girl category.
I too have donated to this group in the past, and it looks like I ought to shake loose a few bucks for them again.
JVW (4d72aa) — 9/20/2011 @ 11:04 amThe artist needs only to assert they gave permission, I think.
Kevin M (563f77) — 9/20/2011 @ 12:27 pmWhat PatHMV said. The fundamental difference between copyright and trademark law is that trademarks don’t exist for the holder’s benefit, but for the public’s.
Copyrights and patents exist, according the USA constitution, for the sole reason of giving writers, inventors, and other creative artists an incentive to do their thing. The right belongs to them, and they can choose to enforce it or waive it as they like, even if they let 99 infractions go by and then come down hard on the 100th.
The purpose of trademarks is very different: they exist for the sole purpose* of protecting the public from being confused and buying inferior goods and services. A trademark only serves that purpose if it’s rigorously enforced; as soon as there are two “Coca-colas” out there, the consumer has no basis for assuming that the Coca-cola she is buying is the product of the famous company in Atlanta, and not that of its obscure competitor from Kalamazoo, so when a third, fourth, and fifth company start using the name the consumer is no worse off.
*Yes, the newfangled concept of “trademark dilution” violates this principle, which is why it’s evil and should be repealed.
Milhouse (ea66e3) — 9/20/2011 @ 12:29 pmMy 11 year old daughter saw a 30 minute infomercial for OS and was moved to plan and execute a series of bake sales at her public school for them. All in all, she–on her own, mind you–raised over $750 for Operation Smile thanks to the generosity of her schoolmates, teachers, etc.
There aren’t many things that will fire up my little girl, but the plight of these kids sure is one! Give if you can, please.
RJ Chavez (d1826f) — 9/20/2011 @ 1:43 pmWow, if you don’t smile after seeing that, you’re dead.
I want to be a doctor. Is it too late?
SteveMG (f26e3b) — 9/20/2011 @ 2:21 pmIt makea me smile.
DohBiden (d54602) — 9/20/2011 @ 2:37 pmAh, yes Operation Smile-great organization. I saw a documentary about it called Pinkis Smile…ripped my heart out of my chest there, too. If you get the chance to watch it, do. The second the doc was over, I logged on & signed up to be a monthly contributor via credit card. These doctors & nurses really are doing God’s work & its a good use of my money Sadly, I had to replace that card & didn’t renew the monthly donation coz life got in the way & I got busy & blah blah blah.
I will put my Kleenex down & go renew that immediately. That little one is precious.
Jypsea Rose (835ef3) — 9/20/2011 @ 4:29 pmHelen Thomas-Jews need to get the hell out of israel
Left-She is right they need to go back to israel.
Helen Thomas-Wait I said they need to get the hell out of israel.
DohBiden (d54602) — 9/20/2011 @ 9:58 pmNow to be on tpic this girls a true feel good story.
DohBiden (d54602) — 9/20/2011 @ 10:01 pmtopic*
DohBiden (d54602) — 9/20/2011 @ 10:02 pmwow- adorable kid- I am more than a little verklempt- the music is perfect- heartwarming
dudeabides (602bfb) — 9/21/2011 @ 9:41 pm