The Mudcat Café TM
Thread #118530 Message #2563010
Posted By: GUEST,Richard Bridge having a bad day
10-Feb-09 - 02:47 PM
Thread Name: Is this copyright infringement?
Subject: RE: Is this copyright infringement?
It is infringement under UK copyright law - and that is relevant both as to the point of upload and the point of probable download even though the Youtube servers are in the USA. It infringes Copyright in the arrangement (musical work) Copyright in the sound recording Copyright in the sleeve (if you own that copyright) as artistic work.
Under UK law it is also an infrigment of your performer's rights.
If the poster is a known fascist (the BNP are nasty fascists and racists) it may be actionably defamatory by implying that you support their vile causes.
But the youtube servers and management are in the USA.
I cannot be certain but I would expect that now that US has joined Berne your arrangements have a similar US copyright (registered or not, but if you are yourself a US citizen you may have to register the copyright before enforcing it).
There was a period when the US did not have copyright as such in sound recordings or proper performers' rights, but I think those days are past - I would have to check.
I would be confident that your artwork for the sleeve would be protected in the USA much as England.
Try serving a takedown notice under the US Digital Millenium Copyright Act.