Hamad Dar, a prominent Pakistani blogger, who writes on local Music industry at KoolMuzone, has been receiving threats from EMI Pakistan for embedding a YouTube video on his blog, which is owned by EMI Pakistan.
It appears that EMI Pakistan and KoolMuzone have long been in dispute, which Hamad thoroughly explained in his post, however, their latest row appeared after Koolmuzone embedded a YouTube video in one of their posts.
EMI Pakistan asked KoolMuzone to remove the embedded YouTube video from blog as its rights were protected by EMI Pakistan to which KoolMuzone denied.
Here’s the communication that happened between both the parties:
KoolMuzone: “I can’t embed a YouTube video uploaded by EMI. Is that what you’re telling me?”
EMI Pakistan: “You are not well aware of copyrights laws and constantly violating them at least in EMI case! Enough has been told you and but no point fine!“.
I had to call EMI Pakistan to know their viewpoint and they believe that this video used by KoolMuzone is owned/copyrighted by EMI Pakistan. They don’t want KoolMuzone to use this video in whatever possible way.
EMI said that they didn’t threaten KoolMuzone, instead they wanted a resolution of the dispute, but KoolMuzone (according to EMI) isn’t in mood of removing the video.
When I mentioned EMI about YouTube’s TOS, as it allows publishers to embed a YouTube video if original owner has not disabled external embedding option, EMI Pakistan said that any product (be it a video, audio, YouTube channel or whatever) being a property of EMI Pakistan should not be used by anyone unless consented.
Apparently EMI Pakistan is unable to understand that there is no legal way of prohibiting anyone to use/reproduce content shared on a public forum, such as YouTube.
Here are YouTube TOS on this:
“You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.”
It merits mentioning here that I advised EMI Pakistan to disable external embedding of their YouTube videos, but they can’t. As they want to allow certain blogs/publishers to use their videos and to disallow others, especially KoolMuzone.
As per legal experts’ understanding what EMI is asking from KoolMuzone is based on ethical grounds, and can’t be challenged under the law. They said that EMI has a right to have different opinion on this but threatening a blogger on such grounds is purely illogical and can stretch the dispute.
This also reminds us of insufficient or no bloggers’ rights and dire need of a body that could protect bloggers from such threats.