Spektography

Love Me or Leave Me by Regina Spektor

Q: What is happening? A: Tumblr is using an automated process to delete/terminate Tumblr accounts which have uploaded copyrighted songs. Tumblr user nosdrinker (now nosdrinkerisdead) is a recent prominent example.

Q: Why is this happening now, and not a year ago? A: Many reasons, but the most important: Around February 1, 2015, Yahoo changed Tumblr audio posts to add download functionality (a “get” button), which would turn Tumblr into a pirated-music-hub unless Yahoo gives the music industry free rein to search and destroy — and Yahoo has.

Q: How do the account terminations happen? A: Music industry (especially the IFPI) search bots analyze Tumblr posts, looking for metadata such as song titles and song lyrics. When they get matches, the music industry bots automatically send a takedown (DMCA) notice to Tumblr. If three takedown notices are sent within an 18 month period, the account is automatically deleted/terminated by Tumblr. No actual human being looks at the Tumblr posts or the Tumblr blog in question.

Q: Are accounts getting deleted in error? A: Hell yes. See the IFPI and Jeremy Banks tags for the latest sadness. People have had their accounts terminated for using two lines of a song in a mashup, for translating song lyrics, and for posting their original music.

Q: What determines Tumblr’s “three copyright violations in 18 months = account termination” rule? A: Nothing. Tumblr made it up. Tumblr could choose to delete the posts with alleged copyright violation and do nothing else. Tumblr is not required to delete accounts.

Q: Should I delete my old audio upload posts? A: Yes, if you do not wish to have your account terminated. nosdrinkerisdead recommends using the website trntbl.me to locate your old audio posts; it will list your original audio posts as well as those you have reblogged. Folks have had takedowns for music posts from two years back.

Q: I deleted the audio posts I created. Should I delete audio posts I have reblogged? A: Maybe. At this time, only original posts have bot searchable metadata such as tags, so if you reblog something a bot is not going to find it. Also, when an original audio post is deleted due to a takedown, then all reblogs of it should become empty posts, so going after reblogs makes no sense. However, once you have a “copyright violation” strike, there may be poorly paid music industry interns who periodically check your blog manually to look at your music tag or whatever. I expect the IFPI and others maintain databases of “previous violators.” I’ve removed all my reblogged music, since I’m sure I’m on what is known colloquially as a “shitlist.”

Q: Should I delete an audio post in which I uploaded like fifteen seconds of a copyrighted song? A: I would. In case I haven’t made it clear, the account terminations have nothing to do with common sense or fair use. The music industry bots do not give a shit about your blog getting destroyed in error, and neither does Tumblr. Every DMCA, no matter how bizarre, is counted as a valid strike unless you file a DMCA Counter-Notification. If you aren’t interested in doing that, and do not want your account deleted, then when in doubt I would delete.

Q: What about a vid of me singing one minute of a song, or a photo on which I pasted text of song lyrics? A: Did you put the song lyrics or the song title in your tags? If so, the bots might flag it as a copyright violation. Bots are stupid.

Q: Are there songs I should be particularly worried about? A: Yes, anything managed by the IFPI. IFPI bots are producing the most takedowns.

Q: What about spotify and soundcloud audio posts? A: Should be fine, because you didn’t upload the music, you just linked to it at spotify and soundcloud. The issue at this time is only with audio posts in which you uploaded music from your computer.

Q: What should I do if my account was terminated for music copyright violations? A: Start a new Tumblr blog if you want to continue using Tumblr. You will need a new username and a new email account.

Q: But the music was music I wrote! It’s mine! A: Use Tumblr’s DMCA Counter-Notification process to fight the content deletion/takedown.

Q: But I bought the music through Amazon or iTunes or on a CD, and thought it was okay to share through streaming audio on Tumblr. A: So did we all. For years, Tumblr allowed us to upload music (up to five audio posts a day) because it substantially increased Tumblr’s user base and user “activity,” therefore increasing Tumblr’s value to its eventual buyer, Yahoo, and to the advertisers Yahoo is so eager to court. Now Yahoo/Tumblr is letting us take the DMCA fall for it.

Q: How do you know this? A: Because my account was terminated in December, 2014. See my dmca tag for the tale. I have also worked in the Intarweb business since the 1990s, and have written/supported the kind of account termination automated foolishness going on at Tumblr.