Prince Issues One Takedown Too Many | Electronic Frontier Foundation

http://www.eff.org/deeplinks/2008/06/prince-issues-one-takedown-too-many

“It’s a familiar story: A fan uploads a video shot at a Prince concert to YouTube, and that video promptly disappears the moment Prince’s lawyers issue a DMCA takedown notice. It may seem silly to many fans, but the DMCA instructs content hosting sites to respond to copyright complaints by instantly removing disputed content.

But in this case, it’s not at all clear that Prince had the right to issue this notice. The song in question is a reportedly excellent cover of Radiohead’s song Creep.

What copyright violation would that be? As authors of the song, Radiohead, not Prince, own copyright in the work at issue. And they’ve apparently chosen not to enforce it here — Radiohead’s Thom Yorke has reportedly objected to the takedown in a recent interview: “Well, tell him to unblock it. It’s our … song.”