Performing Music for Torture at Guantanamo - What are the Copyright Issues?

(sculpture of José Antonio Elvira in Guantánamo, a city in southeast Cuba. Wikimedia)

The issues of music as torture is once again back in the news, since a Canadian band named Skinny Puppy reportedly sent an invoice to the US Government for $666,000 for the alleged use of their "industrial dance" music without permission for this purpose. 

Having been among the first - maybe even the first - to write about this issue from a copyright standopint back in 2008, before President Obama got elected and promised to close down Guantanamo, I got called by the Voice of Russia - formerly Radio Moscow - to be interviewed on this subject. How could I resist this interview, on the eve of #Sochi2014?

Seriously, I agreed to do this interview on the copyright aspects of music as torture because "black humour" is an important component of informed discussion about serious issues. I take no position on the underlying very serious political, diplomatic, military, counter-trerrorism, human rights, etc. issues involved - which are, to say the least, very complex and very serious. I'm just a Canadian copyright lawyer.

Of all of the issues involved with GITMO, copyright is undoubtedly the most trivial - but it's rather interesting, ironic and would make for a fantastic law school exam question or moot.

Anyway, here's the Voice of Russia article, with a link to a voice interview with your's truly.

HPK

NPR on ASCAP & Torture Royalties

A reader named Andy has kindly pointed out that my point about ASCAP and GITMO was a lead item on a recent National Public Radio quiz show on July 19, 2008. Here's the segment.

There's even a Canadian angle - they talk about Celine Dion.

HK

Torture Royalties Redux

Well, it seems that my "presumably with tongue firmly planted in cheek" and insouciant question as to whether there should be copyright royalties paid to ASCAP and BMI (the big American performing rights collectives) for the use of music to torture prisoners in Guantanamo, originally posted here on July 3, 2008, has gained some attention on some prominent blogs and in main stream media.

Here's what I said then:

Certain collectives are quick to collect money from those in nursing homes, hospitals, prisons etc. on the basis that these are "public" places. Never mind that the audience is captive and it's their home, like it or not.

Well, it turns out that music is used at Guantanamo for torture purposes, according to the BBC.

Singer David Gray has warned that US interrogators playing loud music as a form of torture - including his own song Babylon - is no laughing matter.

"Only the novelty aspect of this story gets it noticed... Guantanamo greatest hits," he said.

"What we're talking about here is people in a darkened room, physically inhibited by handcuffs, bags over their heads and music blaring at them.

Leaving aside the legal niceties about whose law if any applies in that dreadful place, one can only wonder if ASCAP might not want a piece of the action. After all, it went after the Girl Guides not so long ago. And if it could try to make a buck off Girl Guides, who are nice people, why not alleged terrorists? Why should terrorists enjoy free music?

This has been picked up by:

Techdirt here on July 8, 2008.

And here by Wired here on July 8, 2008.

And in The Guardian on July 9, 2008 here.

And Cory Doctorow on BoingBoing here on July 11, 2008.

And Freakonomics in the New York Times today, July 16, 2008 here.

etc.

Very interesting...

There is definitely nothing funny about Guantanamo - but sometimes there are lessons to be learned in parody, satire and black comedy...perhaps even in Canada...

To be continued no doubt...

HK

Is Torture by Music a "Performance in Public"?

Certain collectives are quick to collect money from those in nursing homes, hospitals, prisons etc. on the basis that these are "public" places. Never mind that the audience is captive and it's their home, like it or not.

Well, it turns out that music is used at Guantanamo for torture purposes, according to the BBC.

Singer David Gray has warned that US interrogators playing loud music as a form of torture - including his own song Babylon - is no laughing matter.

"Only the novelty aspect of this story gets it noticed... Guantanamo greatest hits," he said.

"What we're talking about here is people in a darkened room, physically inhibited by handcuffs, bags over their heads and music blaring at them.

Leaving aside the legal niceties about whose law if any applies in that dreadful place, one can only wonder if ASCAP might not want a piece of the action. After all, it went after the Girl Guides not so long ago. And if it could try to make a buck off Girl Guides, who are nice people, why not alleged terrorists? Why should terrorists enjoy free music?

HK