This photo is a representation of what a video looks like when we remove it from YouTube…this is not an actual link. We usually move the video to “Private” rather than deleting the video entirely, in hopes the matter will be resolved and we can return the video to public viewing.
Today we received a copyright claim from Sturgill Simpson’s publisher for our video of Sunday Valley (Sturgill’s band prior to recording under his own name) performing “Life Ain’t Fair.” This video has over 8.2 million views so far. It was filmed in 2011, long before Sturgill Simpson was widely known in Rock, Country and Americana music.
Before we go into greater detail, let it be known that we have absolutely no animosity or ill will towards Sturgill. Many times the artists themselves are unaware of these behind-the-scenes issues, and/or they have no course of action themselves to retract management claims or acts of protection. Therein lies the irony. On one hand, the publishing rights holder, or their manager, or the record label, is doing what they’re supposed to be doing; which is to protect the artist and their works. But on the other hand, when agreements are made, and legal contracts are signed, those should be honored.
Music Fog always operates with signed paperwork from the rights holder in our quest to provide a platform for discovery and promotion of Americana Music. This is way more than a “business” for us. Sure, we have to run it like a business legally, but the real mission is a labor of love. We do it for the music. The four partners of Music Fog all have full-time jobs which sustain us. The ad revenue we earn from our YouTube videos funds the thousands of dollars we spend to film our sessions, including location rentals, gear purchases, equipment rentals, travel, housing, personnel, post-production resources, etc.
We offer a simple arrangement with each artist we record. We do not charge them for the recording session—we foot the bill entirely. The artist comes before our cameras willingly, and they get introduced to a very large audience on Music Fog, our YouTube channel and the rest of our socials. They may make use our high-quality videos for any other promotional opportunities that arise for them. Our recordings have been featured by CBS TV, The BBC, and sometimes have been released on their albums, with no cost to the artist. In exchange, we ask for a few rights, including use of their likeness and use of the underlying song for promotional purposes. We record new versions of these songs. Having that agreement allows us to collect advertising revenue on the videos we feature on YouTube. This is the sole source of income to fund our music production.
Certainly, one video removed can’t threaten the future of the Fog, but several videos can sure risk our ability to film future sessions. And it has been happening a lot lately. A video here, a video there. All we can do is dispute the claim to try and retain ownership, but the publishers and record labels have the upper hand. If they decline, we lose the dispute and any ad revenue goes to the publisher/label. So, instead, we remove the video since our original contract has been broken. This hurts the artists and the growth of Music Fog's audience. In some cases, the videos are removed completely from the platform without our say, as was the case with our first posting from Sturgill Simpson, Sunday Valley’s “I Wonder.” So, today Sturgill Simpson’s music no longer resides on Music Fog, as his one remaining video has been taken down. These videos represent historical moments, and they are being wiped away by the entities hired to protect copyrights.
More times than not, publishers and labels have retracted their copyright claim against us once they were aware of the arrangement or mistake. However, other artists that have had a video taken down, or in some cases their entire Music Fog collection removed, include then-unknown to more widely known artists: Sierra Hull, Ward Davis, Over the Rhine, Carrie Rodriguez, SteelDrivers, John Fullbright, Lynn Miles, Dash Rip Rock, Hayes Carll, The Coal Porters, Sarah Jarosz, Marshall Chapman, Sahara Smith, David Olney & Sergio Webb, Reckless Kelly, Belleville Outfit, Donna the Buffalo, and Will Hoge. In some cases the video has never been seen, as the copyright claim was filed while we were preparing the video for public viewing!
We’ve been told many times that it is an honor to be invited to play in front of the Music Fog cameras. We hold that recognition close and hope to continue to be a pivotal conduit between the artist and the audience. But our model is at risk if agreements are not kept. We are powering through this pandemic just as you are, and plan on recording new sessions once it is safe to do so. But if every publisher were to dismiss our agreement, there’s no way we could fund future shoots.
If you’re a fan, please reach out to your favorite Music Fog artist and let them know how much they mean to you, especially if you have discovered them via our videos. If you are an artist with dropped Music Fog videos, please convince your publisher, your record company, or your management, to release any claims against Music Fog. Contact us directly if you need clarity. We would be grateful for the opportunity to continue promoting you and your incredible body of work.
Now that’s Americana!
- The Music Fog Crew
UPDATE - March 24th, 2021: The publisher has released their copyright claim against us, so this incredible performance is back out in the world! A big thanks to the industry for believing in us and supporting what we do. Here’s the video!