Monthly Archives: October 2013

Miley Cyrus vs Sinead O’Connor Mashup Blocked Globally

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Hours after uploading my new mashup video, which remixes Miley Cyrus’ ‘Wrecking Ball’ with Sinead O’Connor’s ‘Nothing Compares 2 U’, I discovered that it had been blocked globally on YouTube, as a result of a match thrown up by Google’s automatic third party copyrighted content-matching software. Both the music samples and video samples from Miley Cyrus’ ‘Wrecking Ball’ were flagged as being copyrighted by Sony Music Entertainment and so the video was blocked in every country in the world. I filed a dispute, citing reasons why the video falls under fair use, as below. Hopefully the block will be lifted so that people will be able to watch the video soon.

Explanation: My video, ‘Miley / O’Connor Mashup – Nothing Compares to a Wrecking Ball’, is a highly transformative remix video that offers a critical comment on a topical issue (i.e. Miley Cyrus’ negative publicity and Sinead O’Connor’s public condemnation of her behaviour). The remix video is intended to be educational and non-commercial, as it was produced as part of a PhD research project and offers a corrective feminist perspective to the misogynistic imagery found in many music videos today. In addition, the footage used (Sinead O’Connor’s ‘Nothing Compares to You’ and Miley Cyrus’ ‘Wrecking Ball’) and the copyright holders of this content are acknowledged in the description text. Furthermore, both the audio and the video tracks consist of samples, which have been significantly altered and transformed to produce a new mashup song and video, which is very different when compared with any of the original material in isolation. Please release the block on my video, as I feel very strongly that its important, positive message for young women needs to be heard and seen. Thank you. Under Section 107 of the US Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. This remix video is a critical and transformative work that constitutes a Fair Use in accordance with Title 17 U.S.C. Section 107.

Miley / O’Connor Mashup – Nothing Compares to a Wrecking Ball

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Miley Cyrus vs Sinead O’Connor Mashup / Remix. The vocal track from Miley Cyrus’ ‘Wrecking Ball’ remixed with the music from Sinead O’Connor’s ‘Nothing Compares To You.’ Both tracks were resequenced and changed around quite a bit from the originals.

Miley Cyrus recently said that she took inspiration from Sinead O’Connor for her image and her music and then Sinead wrote a letter telling Miley to have more respect for herself and to be more mindful of the influence she has on her younger fans.

The two songs are the same tempo (60bpm) and the same relative key in major and minor (F/Dm), so they fit together pretty well. The music video is made up of clips from the official music videos for both songs as well as footage of Miley Cyrus from when she was a baby to the present day.

FAIR USE

Copyright Disclaimer
Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. This remix video is a critical and transformative work that constitutes a Fair Use in accordance with Title 17 U.S.C. Section 107.