A clip of two Bank of America employees singing a fucked up version of U2s One spread like wildfire on the internet recently. The overhauled lyrics garnered fans worldwide (its even better, now that were the same, two great companies come together, now MBNA and B of A), but didnt impress U2s copyright attorneys.
While guitarist Jim Debois blissfully strummed away, corporate suit Ethan Chandler sang his own Bank of America lyrics in a slightly pathetic attempt to motivate employees.
On Tuesday, a lawyer for the Universal Music Publishing Group, a catalog owner and administrator, posted the text of a cease-and-desist letter in the comments section of Stereogum.com, a Web site carrying the video. It contended that Bank of America had violated Universals copyright of the U2 song.
The video appeared to be typical corporate, motivational, cheerleading, drink-the-Koolaid kind of bullshit, but U2 can argue Bank of America failed to get permission and failed to pay royalties while using U2s intellectual property for profit.
If this were a church video or a nonprofit fund-raiser, I might think Bono needs to shut his big fucking mouth. Because this performance was to increase the earnings and profits of one of the largest, most evil banks in the world, I begrudgingly stand on the side of U2.
Damn you, Bank of America, for making me defend U2.
GIve me one giant sized fucking break. This lamewad crooning to his employees isn't going to affect the fucking revenue or profitability of BofA in the least. Second it wasn't created as a commercial and there was no paid media carrying the song. So it's not even like it was an ad hoc commercial.
I don't know if Bono or the rest of the band had anything to do with UMPG's reaction. But if they did, fuck them, and if they didn't fuck UMPG. This is ridiculous.
However I do think that that if the BofA employees who had to listen to that bullshit had stormed the stage and torn that guy limb from limb, they would have been well within their rights.
1. A cease-and-desist letter isn't a lawsuit. It's not even close.
2. I'm reasonably certain U2 had no idea that Universal Music's lawyers were going to send this letter. Part of the downside of selling or leasing your music publishing rights to a major corporation is that the corporate legal staff comes with the deal.
I'm not even sure Mr. Raul Gonzalez's boss knew he was sending the letter. When you're a low-level business affairs person at a major music company, you grind out the C&D letters all day every day.
Anyone who does this stuff for a living will tell you that copyright law is a mess and it's lagging decades behind technology.
IF Universal has a case, it's pretty weak.
The BoA guys were certainly within their rights of parody (yeah, that's the legal term) to perform the U2 song with alternate lyrics in a private setting. I'm sure whatever hotel or convention center they were in has blanket ASCAP and BMI licenses. No problems there.
If someone put the video of that performance up on YouTube as a joke, it's no more of a copyright violation than any of the other 37,000,000 music videos or homemade videos people post there every day.
If BoA posted it for viral marketing purposes, then they've altered the lyrics and made a commercial without permission. Then Universal and U2 ought to nail them to a tree.
And you don't nail anyone to a tree with a cease-and-desist letter. That's like telling someone you'll beat them up next year if they don't stop making fun of you today.
Silly as the lawsuit may seem, I'm all for it.
These are the arseholes that make you wait 5 days for a cheque to clear, even though it's an electronic transaction and happens instantaneously. These are the fucksticks who charge £30 just for sending you a letter telling you you've spent too much money!
They deserve all the lawsuits they get, however spurious and timewasting.
*edit*
just read the above post. ok, so it's not a lawsuit. I still don't like banks though! hehe
That went on waaaaaaay too long and he looked way too serious singing it. A lawsuit? I understand viral advertising and all, but please. Just ask them to remove it from the sites, geez.
11
doctashock
Los Angeles, CA
September 2003
NOV 21, 2006 10:08 AM
Anyone else notice how lawsuit happy UMG has been lately.
Either way that was hard to listen too. That's the type of moment of clarity that would cause me to quit my job, not boost my moral. Bad taste withstanding they're still within their rights though as it's an obvious parody done in a private setting.
zef said:
That went on waaaaaaay too long and he looked way too serious singing it. A lawsuit? I understand viral advertising and all, but please. Just ask them to remove it from the sites, geez.
well that's the basis of a cease and desist order. it's a legal warning prior to filing suit against someone. Again, if it was just meant to be performed solely for their employees then they're essentially and it was uploaded by an employee without their consent, they're in the clear. However if anyone within the position to authorize this made the decision to upload it to the internet for marketing purposes then Universal has every right to rip BofA a new one.
universal has been on a roll as far as demanding payment and filing lawsuits, sending out cease and desists, etc, for the last month and a half. this doesn't really surprise me at all; here's hoping that b of a actually takes them to court, and wins. it would be sweet, sweet irony if a major corporation was responsible for setting user-centric legal precedent in the dmca age.
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Comments
OffBroadway
Canada
September 2004
NOV 21, 2006 09:22 AM
Snottlebocket
Netherlands
March 2004
NOV 21, 2006 09:23 AM
Haushinka
Lakewood, NJ
August 2005
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FridgeMagnet
Chicago, IL
November 2004
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FridgeMagnet
Chicago, IL
November 2004
NOV 21, 2006 09:31 AM
gosharkz
San Francisco, CA
August 2002
NOV 21, 2006 09:47 AM
Subrosa
San Francisco, CA
July 2004
NOV 21, 2006 09:54 AM
FingerprintFile
Atlanta, GA
December 2002
NOV 21, 2006 09:55 AM
James_
United Kingdom
March 2003
NOV 21, 2006 09:56 AM
zef
Fairborn, OH
July 2005
NOV 21, 2006 09:57 AM
doctashock
Los Angeles, CA
September 2003
NOV 21, 2006 10:08 AM
Eternalxile
Irving, TX
March 2003
NOV 21, 2006 10:11 AM
thefreak
NEWSWIRE
Gardner, MA
NOV 21, 2006 10:48 AM
aegies
Oakland, CA
June 2004
NOV 21, 2006 11:54 AM
Cassiel
Aurora, CO
September 2004
NOV 21, 2006 12:29 PM
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