Videos produced by Headline Surfer Multimedia Editor Sera Frederick / Attendees highlighted in 75 still photos from the Lincoln Day Dinner in Daytona Beach in the two videos are re-introduced in the first video, 'Lincoln Day Personalities,' with the song 'One' by U2 while the second video, 'Lincoln Day Personalities 2,' retains Neil Young's 'Rockin' in the Free World.' The snapshot graphic shows the blocked video on the NSB News / Headline Surfer YouTube channel.
DAYTONA BEACH -- When it comes to using third party songs as background on videos uploaded to YouTube, it almost becomes a guessing game as to what record companies will challenge the "Fair Rights Act" that allows for use of copyrighted material without permission if what is used is for editorial criticism or for general public knowledge enhancement.
Certainly, there was no problem with the use of Neil Young's "Rockin' in the Free World,' for the second of Headline Surfer's two videos highlighting and paying tribute to the 400-plus attendees of the Lincoln Day Dinner held Friday night at the Daytona Beach Resort and Conference Center. It was the annual dinner fundraiser for the Volusia County Republican Party, featuring an appearance by Gov. Rick Scott and the keynote address by Congressman Ron DeSantis.
The 24/7 Internet newspaper ran into problems when it chose Grand Funk Railroad's "We're an American Band," as the anthem for the first of two videos, "Lincoln Day Personalities 1" featuring 45 still photos of the attendees. But the video was challenged by EMI, the British record label giant.
Though Headline Surfer appealed under the Fair Rights Act, YouTube blocked the video.
EMI has one of the most, if not the most restrictive policy with YouTube regarding use of its copyrighted acts, past and present. GFRs "We're an American Band," peaked at No. 1 on the Billboard singles chart back in 1973. Headline Surfer asserted that it highly doubted use of the song would hurt EMI's profits.
EMI has even restricted the use by third parties of Dr. Martin Luther King Jr.'s 1963 "I have a Dream" speech, asserting its copyright because it had initially broadcast it on the radio.
"We're an American Band" was chosen by Headline Surfer because of its patriotic theme. Here is the link to the song: http://www.youtube.com/watch?v=Zc_JcGuH5Z8.