Remember my post celebrating the Zappa Plays Zappa tour last month? Well, I just received three copyright infringement notices from YouTube regarding my three Zappa Plays Zappa videos that I took on my little Powershot at a show in Red Bank, NJ last month. Here’s how they read:

 

YouTube | Broadcast Yourself™

 

Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Zappa Family Trust claiming that this material is infringing:

Zappa Plays Zappa – Brown Shoes excerpt: http://www.youtube.com/watch?v=MulsX7M3eiw

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube’s copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, please go to our Help Center to access the instructions.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.

Now, I was always one to give the Zappa Family Trust the benefit of the doubt when many people would bash them for squashing ANYTHING out there that the ZFT thinks they might want to make money on one day. But, come on, my vids of the show were far from professional and none of them were even full songs…I was just excited to share another great Zappa experience with other music-lovers. I sort of just wish they would’ve contacted me personally via YouTube first to ask me to take them down, and I would have done it immediately and respectfully. Now I’m a YouTube outlaw and I’m left a little sour. So anyway, Gail Z taught me a lesson and I will be sure to never to help promote another Zappa Plays Zappa tour again! You win, Gail.

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30 Responses to “Jam Bloggin' Update: Zappa Family Trust Copyright Infringement Edition”

  • Dave Says:

    Just another case of the man keeping you down.

    In this case, the man is the Zappa Family Trust.

    Whoa, I think I just blew my own mind.

  • newmradio Says:

    LOL! I guess I should be flattered that they thought my vids were so good.

  • Dave Says:

    If you need something to cheer you up, one of my favorite bloggers Norbizness is doing a Taxonomy of Shitty Rock. Now, I’m sure everyone will like at least a few of the bands he rips on, but that’s half the fun. If you like it, check out his homepage as he’s already started to delve into each category in detail.

  • newmradio Says:

    Man, I can’t read stuff like that. It pains me to think of music like that. And I like so much music that most cool people think is shitty.

  • Dave Says:

    Sorry, man. Humor is so subjective. I just thought you might get a kick out of it. I’ll do better next time, I promise!

  • newmradio Says:

    Hehe! Salad.

  • Dave Says:

    Translation for the un-hip please?

  • MO Says:

    Oh, now I know what you were talking about when you said Gail was going to come down on you for your rock trivia question!

  • Red David Says:

    Dude-

    Not sure if I shared this story with you. (And even if I did, I’m sure your loyal readers haven’t heard it.)
    A while back, I had the idea of mounting Joe’s Garage as a full musical theater piece, and much to my surprise, my boss was happy to support the idea by contributing substantial funds toward it’s development. We were to give it a full off-broadway treatment.
    I met with members of Project Object who were really keen on the idea and would even be our house band if it were ever to come to fruition. However, only then did they drop the news that Gail would never let it happen. She’d been all over them for some time (which is why they now play “The Music of FZ”) and there had been several legal battles and cease and desist orders.
    Here’s the part that I found interesting: I was going to PAY her! Of course, if we were to just steal Frank’s material and do the show without permission, we should get shut down. But we are a legit theater company – of course we knew that to do an off-bway play there would be a licensing fee/royalties involved.
    However, just as the Project Object Kidz mentioned, and Gail’s lawyers later confirmed, she wouldn’t license the show anyway. (What they had heard from Gail was that on his deathbed Frank allegedly mentioning several songs (including Watermelon in East Hay) that he never wanted played live. Meanwhile, Ike Willis was also at Frank’s side when he passed, and said he heard nothing of this. So it remains a mystery…)

    And that’s my story.

  • Tom Says:

    I agree. They should have contacted you directly. But, if they would release the material (ZPZ ’06 Tour DVD). Folks might not have to create their own.

    Just sayin’

  • newmradio Says:

    Dave, that’s so weird. I totally remember you kicking that around. I also do remember hearing something about Frank not wanting ‘Watermelon in Easter Hay’ to be played, but it’s gotta be an old wive’s tale (Frank’s old wife, that is).

    Great story, Dave! Thanks for sharing.

  • diane Says:

    i know that there were three songs frank didn’t want used in ads: zoot allures, watermelon in easter hay, and i think black napkins. i never heard anything about them not being performed live. in a recent interview, ike said frank’s last words to him were,”go ye forth and kick ass.” and he also said he could play his music. gail is crazy and why she wants to do this on frank’s birthday and during the holidays—beyond bizarre.

  • yellowshark Says:

    Does this all really happen? Oh shit it does, just began a couple of weeks ago, but against all expectations it did not appear as one suspected war between East and West, North and South, no it came worse. There’s a war started against all Frank Zappa Fans, Zappa-Tribute bands in the world by Franks own wife Gail, hiding herself behind the so called ZAPPA Family Trust. Legal action against, http://www.killuglyradio.com, Sheik Yerbouti, Bogus Pomp, Arf-Society, Zappanale, my person and and and.

    Is this the right way to waste the little money her own trademark Dweezil earned with his tour?

    What else will she do to destroy Franks legacy?

    After receiving an email from her last august where she claimed the removal and destruction of the likeness of Frank Zappa that is in Bad Doberan – and yes, we would definitely consider having it replaced with something we do approve g.z. , two weeks ago I received an official summons by the County Court of DĂĽsseldorf for a court hearing on april 9th, 2008 (see attached lawsuits).

    The ZAPPA Family Trust, 11848 Vose Street, CA 91605 North Hollywood, USA represented by Gail Zappa claims 150000,- Euro against Arf-Society e.V., represented by it’s chairman Thomas Dippel, for illegal use of the trademark “Zappanale” and the “Zappanale-logo”.

    For further use of the name Zappanale for the festival, on products like Cd’s or clothing the chairman of the Arf-Society, Thomas Dippel, has to pay up to 250000,- Euro or has to be sent to prison for 6 months up to 2 years.

    For further promotion for the Zappanale-festival on the domain http://www.zappanale.de the chairman of the Arf-Society, Thomas Dippel, has to pay up to 250000,- Euro or has to be sent to prison for 6 months up to 2 years.

    We tried to cooperate now for more than 15 years, we offered promotion for Dweezil, we invited to entire family for years and years, this is the answer.

  • Voice of Cheez Says:

    gee… I just did a search for Frank Zappa… on YouTube… and there are about 2840 videos posted on YouTube… of Frank Zappa concerts, interviews, etc…

    There’s 286 results if you search for Zappa Plays Zappa.

    So what’s she picking on you for? …

    Get a life, Gail.

    Voce di Frommaggio

  • Gary Says:

    Ike Willis was not at Franks side when he died – he was with his family only – and he requested that Zoot allures , Watermelon & Black Napkins were not to be performed live – Warren Cuccurullo confirmed this to me early in 1994.

  • newmradio Says:

    I think that’s something that the ZFT couldn’t prohibit anyway. If a band plays ‘Watermelon’ at one of their shows, it’s completely legal. I guess it would just be uncool of the band though if they knew that Zappa didn’t want those songs to be performed. But it’s odd. Why wouldn’t he want those songs performed?

  • Scott Says:

    We played Zoot Allures and Black Napkins at every show on the last tour with Ike Willis… According to Ike, he was there when Frank passed and he never said ‘dont play these songs’… also according to legal ‘advice’, the letter we got from Gail ‘is not worth the paper its printed on’…

  • Gary Says:

    I just dont see how Ike would have been there right at the end – doesnt make sense – its a time for family – I remember reading all the kids & Gail were there and one of Franks last request was to drink coca-cola ! I spoke to Warren at one of his London solo gigs in 94 and he told me that the 3 songs (Napkins , Watermelon & Zoot) mentioned were not to be played at FZ’s request – though Warren played Watermelon with Duran around that time and of course Dweezil has been playing Napkins & Zoot recently so this remains a mystery – as to who was present at Franks deathbed I would be surprised if any band members were allowed to see him so close to death – if anybody I would have expected Terry , Warren or Steve to be there .

  • newmradio Says:

    A tangled web the Zappa’s weave! I’m starting to not give a fucking shit anymore. And why was Duran Duran playing ‘Watermelon’?! Hilarious!

  • Donan Says:

    Frank told Dweezil during the period of illness, that Black Napkins, Zoot Allures and Watermelon are the three instrumental guitar pieces he was most proud of, that is why the album; zappa plays the music of frank zappa, a memorial tribute, was released. In my memory…. explains it though…

  • newmradio Says:

    Great. I’m so tired of hearing about this though, I never wanna hear the 3 songs again. R.I.P. Frank.

  • Fleo 999 Says:

    FZ’s best still remains “Fifty-Fifty” from Overnite Sensation…Tell Gail to chill out and catch the bigger fish & mud sharks, please!! Voice of Cheez is only trying to keep the flame for the old Yellow Shark King.Is this “Mothers of Prevention” Part II?

    Peace In! {back by pop demand}

  • kevmoore Says:

    Aren’t wives a complete pain in the arse? Hooray for divorce! (or death)

  • Peet-o-san Says:

    Wives? I dunno. Had one for a long while. Don’t anymore. Some it was great. Some not-so-great. Hee!

    But would it really be “bad” if the only place where you could get a copy of an FZ recording was from the owner of the recording his/herself? And if it was priced reasonably and guaranteed quality? Hmmm…No Amazon, no Borders, no iTunes, no bullshit? Well, it’s a hassle that I can’t go downtown and buy a copy of Roxy and Elsewhere or whatever right now. But…if I can get a good copy from Gail (or whoever), just by going to Barfko-Swill Online Store, I might be kinda, um, “stoked”.

    As far as the “legacy”, and the “tribute” and the “spreading the Gospel” of Zappa, I think it’s a crock. Listen to Frank’s music, study it, and then make some music of your own! All the dilettantes and wanna-be’s and people who have nothing better to do than cannibalize Frank’s work either need to get an artistic life of their own, or drown themselves in the deep stinking trench full of runny shit that is the music business. If you _really_ want to perform Frank’s music, get permission, or do it on the sly, or wait a hundred years. Who cares? In a hundred years these CD’s and vinyl may sound like wax cylinders or the like. Or, people won’t be able to tell the difference between a horrible digital fart on a phone speaker and the amplified (!) orchestra at “symphony” hall…Who cares?

    If you’re worried about media control, talk to the US Congress, et al, that makes the copyright laws that don’t work for…well, who DO they work for? I think Gail’s probably got every right to be as bitchy as she wants to be. If you’re bootlegging, you’re bootlegging, and it’s up to you to charm the artist or his/her reps to let you do it, NOT the other way around. …I think. Again, the people who make the laws that govern the contracts deserve the shit, not poor fools like you and me and Frank and Gail Zappa, even, who probably were just trying to navigate the treacherous seas of all that shit themselves. AND, apparently Frank was about as capitalist as they come, and you’re suprised they’re shitty to someone who anarchizes the shit. Well? Apparently Frank was only an anarchist in some of his early work, not in real life, and certainly not in his later work. Should any artist even be allowed to copyright his/her work anymore? Why do those laws exist? Why is there still a musician’s union? Has Sal Marquez’s Special Payments Fund check amount gone up since the estate released Wazoo?

    Frank and the Mothers and the latter-day “Mothers” did the legwork that made all that happen, the fans just do/did their job, which is to tell their friends that the shit is happenin’, which it was/is. Whoever’s making “careers” out of the shit at this point -sons, wives, daughters, etc., perhaps excepted- either earned (musical? business?) cred by working with Frank, OR they’re fighting over the last rotting meat lingering on Frank’s dead bones, ie, CONTRACTS, the kind of crap you probably really DON’T want to know about, because the whole truth is probably even more debilitatingly depressing than the half-truths reported by whomever.

  • newmradio Says:

    Well said, Pete.

  • Sister Jasmine Noxzema Tapioca Says:

    Gail Zappa is an evil money grubbing whore and her son Dweezil would still be playing to half empty clubs if he wasn’t playing covers of his dad’s songs. Hey Dweeze …write something of your own… oh, i forgot … you did and nobody gave a shit.

  • newmradio Says:

    Harsh, bro. I wouldn’t go that far.

  • Marketfresh Says:

    Too harsh? Not by a long shot! My wife and I went to a recent ZPZ show as a wedding gift to ourselves and let me tell you it was horrendous. $250 for 2 seats…you’d think that the band would have their shit together if they’re charging that kind of price. No, instead what we got was a couple hours of unchallenging, down-tempo, and seriously botched renditions of Zappa faves replete with gawd-awful solos from every band member.

    Dweezil can “play” pretty well…if you’re into fretboard masturbation.

    Like Frank said back in the day: “We’re only in it for the money.” Of course, maybe his dying wish was that his wife and kids could live comfortably for the rest of their lives on his genius. Nothing wrong with that I guess, I just wish that the ZFT weren’t acting like such a bunch of money-grubbing jerks.

  • the central scrutinizer Says:

    The WHITE ZONE is for loading and unloading only . . . if you have to load or unload, go to the WHITE ZONE . . . you’ll love it . . . it’s a way of life . . .

  • Bolly Says:

    I’m looking for an email address for Gail. I am applying to the ZFT to get clearance for a piece of work that the artists i represent want to perform. I’m sending ZFT a letter, but i’d like to email the letter too (and have all bases covered). Can anyone help?

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