Peripherique " For great Justice !!!"

cSpigot wrote:

> There are plenty of ways that you can help promote the work of the Quay Brothers without infringing their copyright. Legitimate clips of their work are available on several sites, including believemedia.com (their US agents) or animateonline.org. You could also write a review of the DVD when it's released, or a more general article about their work. I'm very grateful for the support of people who do this - as are the Quays themselves.
>
> But there's a big difference between that and actually copying and uploading an entire copyrighted video (which also includes a full performance of a song whose rights are owned by a third party). In such circumstances, you're not promoting, you're publishing - and by your own admission you're publishing work that you don't have the legal right to publish.
>
> You talk about "insinuations" and "prejudices", but the simple fact is that this is a straightforward breach-of-copyright issue. I've been more than generous in giving you the opportunity to quietly withdraw the video without further action (especially given the aggressive and threatening tone of your original response, which would have had many rightsholders reaching for the lawyers there and then), but since you've made it clear that you're not prepared to do so, I'll have to go ahead and send a formal notice of copyright infringement to YouTube.
>
> If you think that's unreasonable, consider this: my colleagues in BFI Sales are currently trying to sell this title and other Quay Brothers films to as many territories as possible, in order to recoup our considerable investment in restoring and remastering their back catalogue earlier this year. If these films are made freely available on sites like YouTube before the various deals are concluded, this will inevitably diminish their market value and make it less likely that we can justify similar releases in the future (you yourself acknowledge that the Quays are a commercial risk). After all, who's going to pay for it when people like you are giving it away for free? And I know you're saying that you've only uploaded one film - but suppose a dozen other people decided to "help" by "promoting" a complete video or short, picking a different title every time?
>
> So I hope that's answered your final question, and I also hope you'll take this last opportunity to be sensible about this. Withdraw the video or have it withdrawn for you - those are the only two options on the table. Even if you decide to apply for permission, you'd still need to withdraw the video until negotiations are concluded with the relevant parties. That's what a TV company would have to do if they wanted to broadcast the video - so why should you be given special privileges?
>
> peripherique1977 wrote:
>
> > 1st i also mentionned that when i see a short movie taken from a dvd it make advertising people to buy the whole dvd ( thing that ive done)
> > I made it to show people the work of quay brothers , I take your insinuation as an offense so i will surely not take of the site contact youtube administrator ( quays are not very commercialy exposed so puting short thing for them its more advertising)
> > beside you will need to make a large campaign due to all quay brothers things on youtbe so please be kind of the reality of prejudice, do you think it really bring to me something other than showing i appreciate the work, putting them on youtube ??
> >
> > what are your true problem with that ?
> >
> > your response is well appreciated,
> > thanks

As I don't own the online rights, I'm not in a position to grant permission to use the video - which in any case would have had to be negotiated with the rightsholders or their current agent and agreed in writing BEFORE publication.

As you've now admitted in writing (a) that you knowingly breached copyright and (b) that you consider Google/YouTube to be responsible because they're hosting the material, there's no question that this video is going to be removed from YouTube in the very near future. The only question is whether you take the easy option and do it yourself, or have it done for you.

Your other threats have been noted. To respond to your "greedy reaction" accusation, I've already been paid my producer's fee and won't be getting any more, so the only people you'll be hurting are the owners of Koninck Studios - two out of three of whom are the Quay Brothers themselves.

Is that really what you want?

peripherique1977 wrote:

> sorry i rewrite :
>
> this is only a little clip from the dvd , and it makes a free advertising for the whole dvd , so your greedy reaction makes me want to put the whole thing on P2P, then to make copy and distribute it freely to my friends and relations so please don't be a metallica man... if their was the complete thing dvd all over youtube i understand but beside it's very bad quality footage ... so grant me a right of use this video or go complain to google i am not responsible this video is not on my server
>
> McSpigot wrote:
>
> > Re: Are We Still Married? (Quay Brothers)
> >
> > Can you please either confirm that you've reached a formal agreement with either Koninck Studios, 4AD or MTV (as the original rightsholders) or the British Film Institute (as the current agent for the world rights) granting permission to upload this item to YouTube...
> >
> > ...or remove it immediately?
> >
> > Michael Brooke
> > DVD Producer, The Quay Brothers: The Short Films 1979-2003

Re: Are We Still Married? (Quay Brothers)

Can you please either confirm that you've reached a formal agreement with either Koninck Studios, 4AD or MTV (as the original rightsholders) or the British Film Institute (as the current agent for the world rights) granting permission to upload this item to YouTube...

...or remove it immediately?

Michael Brooke
DVD Producer, The Quay Brothers: The Short Films 1979-2003

Attach a video:

Irrelevant ??

when you love a thing and you are very interested , quality is the matter, why they are remastering then ?? to high quality ??
strange?

so if the remaining 80 % are not your buisness then its again only your egoism ?? think like "i don't give a shit about others copyright , my house first then let die the others" so its about your rights not about the copyright himself ??" right

I'm sure they are not greedy, that you that send me this mail, i will wrote a letter to ask to them directly, i have in my website 10 peoples interested in buying the dvd " they don't knew quay's existence ?? like me when my english teacher gives me ( a copy not bought!!! of their work, that i wait to buy ...)

free of charge ?? i have given 3'30 of free material from a longer dvd , that other people are waiting to buy the dvd I think it's like i have paid for 6 copy and yes giving 3'30 to sell i don't know how much time is 6 dvd yes it's help!!! what great artist ego can say "i need help of no one" except the beattles when they were younger than today ( oups !! i have pirated the beattles copyright !!! oups!! no it was michael jackson or sony music copyright !! you see nonsense...

in what way my use is exploitation ???

so if you are producer on the short films
never heard of " the brothers quay collection" published by kino video and released by zeitgest movies ??
but like i said i will go to the nearest store when your dvd comes out..

i am pleased to talk about this with you so even if the video is removed "perhaps i will up it elswhere"
but i want to keep in touch with you even if you are exhausted ..
best regards

ps: like you i suppose i keep a copy of this conversation, so if i meet in a animation seminary brothers quay i could argue with them if there is a denial about this fact even if you are closer.
( i will not give your name or something, just discuss about the way it is )

again tanks for the contact

McSpigot wrote:

> "answer about the fact youtube is bad quality video"
>
> I ignored this because it's an irrelevant red herring, as it has nothing to do with the legal issues. In any case, circulating poor-quality video copies is arguably insulting to the Quays - particularly this year, as they've spent a huge amount of time supervising the remastering of their work to the highest possible technical standards.
>
> "do you have noticed as well all quays video on youtube"
>
> Again, this is irrelevant, as it doesn't provide any kind of legal defence. In any case, you were far from the only person we sent a message to - and as a result the amount of authentic Quay material on YouTube has been massively reduced over the last couple of weeks. The only difference is that everyone else removed the videos voluntarily, whereas it looks as though you're going to have to be forced to.
>
> "and all video which are copyrighted on youtube i mean 80 % besides their are plenty of other sites such daily motion and others besides i can upload a flv to pakistan and embed with my own player"
>
> So what? The fact is that YOU (and a handful of other people) were caught infringing the copyright of the organisation I represent and the contents of the DVD that I produced. The remaining 80% isn't my concern.
>
> "the problem with the industry its that they act like mafia, people are responsible and do not abuse like putting a 3, 3O minutes video then you awoke the militant in me and you make things worse i bought my dvd i pay money .. now i will stop putting money among artist ( i am one and when one of my work is promoted i am very happy for the recognition) do you remember the metallica vs napster ?? all bad for greedy artist."
>
> This is ridiculous. I know the Quays pretty well by now, and they don't remotely fit this "greedy artist" stereotype. In fact, if you don't believe me, buy the DVD and watch the last few minutes of the interview on disc two, which concludes with them saying that life has become incredibly tough for them because the commissions they used to get just aren't happening any more. In fact, you don't even need to do that - just look at their filmography between 1985 and 1995 and compare it with the amount of work that they've been able to complete in the last ten years. (The biggest budget they ever had for one of their shorts was for Street of Crocodiles way back in 1986!)
>
> As for "the problem with the industry", it's one thing to complain about monolithic corporate giants, but quite another to complain about independent organisations like Koninck, which is a three-man operation: the Quays themselves and their producer Keith Griffiths. And such tiny firms really do suffer when people like you decide to pirate their work and circulate it free of charge. And it's especially galling when you then turn round and claim that you're "helping".
>
> In any case, who is truly "acting like mafia" - the person who chooses to disregard the law (indeed, who seems proud to be defying it), or the person who merely seeks to protect their legitimate rights in the face of illegal exploitation? I think the answer's pretty obvious.
>
> "and the problem is i don't know if except for have been a former producer of this dvd you have still links to this work"
>
> My links are as follows:
>
> 1. I'm the producer (not the 'former producer') of QUAY BROTHERS - THE SHORT FILMS 1979-2003, which is being released in Britain in mid-November and in France and the US in early 2007. I see that you're based in France, which I'm sure ED Distribution in Paris would be interested to hear about, as they've just bought all the French rights to this title.
>
> 2. I'm a current full-time employee of the British Film Institute, which is representing Koninck Studios as the agent for the world rights to the films included on the DVD, which includes 'Are We Still Married?'. If you don't believe me, I'll happily pass your details on to our legal department, but I suspect that's not the kind of proof you'd welcome.
>
> 3. My e-mail address ends in bfi.org.uk - as YouTube will discover as soon as I press 'Send' on the formal copyright infringement notice that I drafted earlier today. I've also invited them to ring me through the BFI switchboard if they need to discuss this any further (though I don't think they will, as there's not much to dispute about this particular case!)
>
> I haven't sent it yet - but I'm perilously close. And if the video isn't removed within 30 minutes of you reading this latest message, the next one I send will be to copyright@youtube.com. My patience is now exhausted.

YouTube

Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by British Film Institute claiming that this material is infringing:

are we still married: http://www.youtube.com/watch?v=NFDCYGDi1X8

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

T'façon t'as déjà trouvé le moyen de la remettre nan?
C'ke j'en pense qu'est que c'est le jeu, c'est le bon coté des interdictions, ça stimule, faut trouver le moyen de les contourner mouarf mouarf.
Bref, pas vu, pas pris.

nan c'est pas celle que je voulais mais bon, n'achetez pas les dvd des freres quay ( meme si c'est genial piratez les tranquilement