Sony gives a Podcast a Cease and Desist order due to Halo parody song

[Zeus]

Sony has gone and sent a cease and desist order to a small-time podcast as a result of them making a Halo 3 parody song based on Neil Diamond's song called "Halo Again". The parody song reportedly didn't use Diamond's lyrics or even his actual music but has ticked off Sony. The video had just under 400 views and the footage involved in the Parody came from Halo, but Sony still felt the need to send them a cease and desist via e-mail and threatened litigation if the parody wasn't remove from Youtube.



Here is the letter that was sent:

Dear Mr. Koehler,

Sony/ATV Music Publishing, on behalf of Stonebridge Music, is the exclusive administrator of 100% of the musical composition entitled “Hello Again” (Diamond, Lindgren) (the “Composition”). It has recently come to our attention that you have created a parody version of the Composition entitled “Halo Again” (the “Parody”) and have subsequently distributed the Parody as a download via your website www.christian-gaming.com (the “Site”) and as part of a video currently streaming on YouTube (the “Video”).

Please be advised that your unlicensed and unauthorized use of the Composition constitutes a serious infringement of Stonebridge Music’s copyright. Demand is hereby made that you immediately cease and desist from streaming and/or distributing the Parody and the Video, via the Site or otherwise, and destroy all copies of the Parody and/or Video in your possession. Failure to comply shall result in Sony/ATV pursuing any and all remedies available to it including, without limitation, litigation.

The foregoing shall not be deemed to limit or prejudice Sony/ATV or Stonebridge Music’s rights, all of which are specifically reserved.

Sincerely,

Sean Melia

Director

Business Affairs & Licensing


News Source: <A href="http://thegeekmedia.blogspot.com/2007/09/sony-goes-after-podcast-for-making.html" target="_blank">Thegeekmedia</a>

[bgmnt]

This really annoys me, they think because they are a big company they can get away with everything. Parodies are legal according to DMCA.

The artists of Halo again should sue Sony for harassment.

[Untamed]

IANAL, but parody falls into fair use.

[sigma8]

This may be a lawyer fishing for billable dollars. The lawyer may be acting on his own behalf, without direct involvement from Sony. He tries to get the guy to desist, and then tries to charge Sony a fee for his service.

[kcvfr400]

This really annoys me, they think because they are a big company they can get away with everything. Parodies are legal according to DMCA.

The artists of Halo again should sue Sony for harassment.

Well if you read the actual article not the quote you would understand that this is not sony but Stonebridge Music wanting to take this action and there parent company or publisher is sony.

Whether right or not on comic license grounds they are actually legally allowed to as the music as much as the song is copy protected.

I would personally say let this go but when does it stop the unlawful use of song compositions or lyrics as comedy is still actually copying.

[WickedSkin]

Wait, Sony censures a Halo 3 parody. Isn't that like Sony defending Halo 3 witch should be their enemy? I'm actually drunk and confused. The world is a strange place.... man am I drunk.

[JacKz5o]

Thats really Microsoft.

[ku16610]

Thats really Microsoft.

once again try reading the article rather than relying on the bullshit quotes you see here.

peace.

[XxBigP123xX]

they took it down because it's copyright infringement. common sense:rolleyes:

[JacKz5o]

Thats pretty Sony..

[JonathanD]

IANAL, but parody falls into fair use.

If it was not Weird Al would not exist... its that simple :)

[Apollocre]

Actually, Weird Al asked the original composers for the rights to most of his parodies. There are a few exceptions however.

[RyuCheese]

Actually, Weird Al asked the original composers for the rights to most of his parodies. There are a few exceptions however.

Except that he doesn't NEED permission, he asks the artists as a courtesy.