GuitarHeroPhenom YouTube Channel Suspended
Update: GuitarHeroPhenom's YouTube Channel has been restored after a 2 week suspension.
Guitar Hero champ and Guinness record holder Danny Johnson a.k.a. Guitar Hero Phenom has become another victim of the overzealous "copyright infringement" battles, resulting in the entire GuitarHeroPhenom YouTube channel being suspended and all videos becoming inaccessible after March 27th, 2010.
The channel was the largest Guitar Hero channel on YouTube, with a following built upon a combination of Danny's unbeatable skills, brother Scotty's high quality HD video editing with picture-in-picture closeups of Danny's finger movements, and father Jack's humorous narration. GHP gained many subscribers over the past 2 years due to their reliable and consistent ability to quickly post 100% FC videos showing Danny mastering the absolute toughest Guitar Hero songs and DLC within hours/days of their release.
For the time being, GHP has moved to their alternate account: GHPh3nom, so you can Subscribe there if you were following GuitarHeroPhenom previously. They've uploaded their excellent HD Full Band Covers on the GHPh3nom channel, including the killer Metallica One cover.
Before the channel was suspended, GHP had:
- posted over 600 videos over the past 2 years on YouTube, including Danny's flawless runs through every difficult Guitar Hero song
- 48.3 million views on the remaining uploaded videos, which GHP estimates "would be about 200 million today if none of our videos had ever been taken down"
- 6.1 million Channel views (more than TheOnion, IGNentertainment, and Blendtec)
- nearly 70,000 YouTube Subscribers (for comparison, the official Activision Guitar Hero channel only has 39,000)
- reached a high of #2 Most Viewed Channel on YouTube one particular weekend
- reached a high of #70 Most Subscribed Channel on YouTube
According to Danny's father Jack (who 5Frets.com interviewed over the phone for this story), the GHP Crazy Train FC video had over 6 million views, the GH3 DLC "The Devil Went Down to Georgia" had 5 million views, and one of GHP's many Through the Fire and Flames FC videos had 5 million views. Jack said, "There were so many 6, 5, 4, and 3 million viewed videos that it was crazy."
The GuitarHeroPhenom Channel on YouTube still listed after suspension, but inaccessible
Guitar Hero Videos Have a History of Being Taken Down on YouTube – But There Still May Be Hope
This is far from the first Guitar Hero video to get in trouble over copyright battles. Top Guitar Hero player "Jameslikecoulter" had his popular YouTube channel suspended on 2009/02/09 just like GuitarHeroPhenom's recent suspension. However, Jameslikecoulter had his account reinstated 2 months later on 2009/04/03, including his 1-year-old videos. Obviously this would be the best case scenario for Guitar Hero Phenom – to get his old videos restored with their view counts intact.
Aerosmith and the Eagles are the Copyright Claimants
GuitarHeroPhenom's video of Guitar Hero Aerosmith's "Movin' Out" FC was the first to get a copyright strike some time ago. Then, a Guitar Hero World Tour FC video of the Eagles' "Hotel California" received a copyright strike claimed by "Cass County Music".
Jack found Hotel California to be a particular stretch because on that video, they muted the game's studio vocals and drums while Danny played a single player Guitar game, while Jack and Scotty sang and played real drums together in time with Danny.
Why Do Some Copyright Claimants Resort to Takedowns Instead of Just Putting Up Ads?
When a party claims copyright over a video, YouTube's system allows the party to mute the audio (AudioSwap), monetize the video (allow the video to remain up, but with ads), or issue a takedown. GHP has had several videos' audio muted in the past which they then took down afterward.
This raises the question: why would Aerosmith and the Eagles want these videos taken down entirely instead of remaining up?
Does the So-Called Copyright Infringement Battle Even Make Sense?
Jack was quick to point out that all these songs are licensed for the Guitar Hero game. So why would Aerosmith claim a copyright for a fan-made video like Danny's FC of the Guitar Hero Aerosmith game? Jack gave 5Frets.com his thoughts:
I feel it's really really weak of YouTube to do this to a 15 year old.
It's completely ludicrous. Why would they NOT want their music out there? It's so stupid it's unbelievable. These videos are going to make the music more popular. It's gonna be something they'll look back on and say: "How stupid were we?"
Jack was particularly frustrated by his fruitless attempts to contact YouTube, which he described as: "Impossible. It would be easier to contact the President of the United States."
Furthermore, YouTube Guitar Hero videos contain the characteristic guitar controller button clicking noises, making it highly unlikely anyone would use these videos as a substitute to buying the songs on iTunes in the first place.
The DMCA and Copyright Infringement System Heavily Favors Copyright Holders
Signed by Bill Clinton in 1998, the Digital Millenium Copyright Act has received numerous criticisms due to the imbalance of power it gives to copyright holders. According to Wikipedia:
The DMCA has been criticized for making it too easy for copyright owners to encourage website owners to take down allegedly infringing content and links which may in fact not be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place…
The United States Constitution contains a "Copyright Clause" which states the purpose of copyright:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
US copyright law also allows Fair use, which Wikipedia defines:
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship.
The question is: are fan-made Guitar Hero videos "Fair Use"?
What's Next for GuitarHeroPhenom
Danny has recently learned to play guitar over the past 3 months and already is cranking out solos like Metallica One's "Fast Solo A" (YouTube video), as well as covering Mr. Crowley and Van Halen's Ain't Talkin' 'Bout Love. In these videos, Danny plays lead & bass guitar, Jack handles vocals and rhythm guitar, and Scotty does the drums and video editing. In addition to proving wrong all the people who taunted GHP to "try that on a real guitar", these cover videos are entirely home-made garage performances, making them far less likely of a target for any copyright claims.
5Frets.com asked Jack what he sees for the future of GuitarHeroPhenom:
We have 12,600 subscribers on our backup channel. If we have to start all over, we will.
Wow, this is some bull shit. I heard JLC got his account back because his mom was a lawyer or something? Correct me if I'm wrong but if thats the case, then eh…thats some bull shit
Hope you guys can get your stuff back up, I'm glad you're not quiting
Highly-rated.
12 
1
Omg damn copyrights. They have no f*cking reason to do this.
Maybe you could start an autograph action. I bet all your fans would love to help you get your account back.
You guys have a bunch of videos scattered across YouTube, you can easily download them and upload em, just letting you guys know ;D
This faggot right here is actually useful at the moment, he's been uploading your videos, and you can download them with a Google Chrome Extension so you get the Full HD
http://www.youtube.com/user/gh5rock
he's seriously got a lot of your stuff…..
I hate to be the devil's advocate here, and I am most definitely not a lawyer, but I can see why the takedown was issued. Here's the thing: If you're showing gameplay only, or yourself engaged in gameplay, it's a pretty clear case of fair use (as long as you're abiding by the parameters of fair use, of course — that is, not somehow showing the entire game, etc.). On top of that, what you're doing is highlighting the game, not the music — the music is licensed for inclusion in the game, and you're showing the game, so the rights-holder for the song doesn't really have room for argument. The publisher would be the one who'd have to step up and issue a takedown notice, and they know there's little reason or justification to do that.
The article says that for one video, they "muted the game's studio vocals and drums while Danny played a single player Guitar game, while Jack and Scotty sang and played real drums together in time with Danny." That's where you cross the line from reporting and/or critiquing, which is covered under fair use, to performance, which is not. To particularly prickly rights-holders, playing an instrument along with a recording and posting it to YouTube is functionally the same as recording your own cover song where you're performing all the parts.
Now, was it silly to do? I think so — like so many covers on YouTube and other video sites, in my opinion the artist loses much more in bad press by ordering something taken down than they gain by trying to be overprotective of their property. But I'd bet that the playing along is what gave them the idea that they could legitimately contest the use, whether it would hold up in court or not. That step over the line from "reporting" to "performing" is probably what pulled the trigger.
So, I'd imagine that if Danny avoids similar performance videos in the future, he should be fine.
Once again, though, I'm not a lawyer, so take this all with a grain of salt.
Rock on,
-j.
Gorram money grubbin', good-fer-nuttin', bullyin' mǔgǒu de érzi! (Romanized Chinese, BTW)
Was it fair that GHP's account got the axe? Were the reasons behind the action logically sound to the rest of us?
We all know the answer in two simple words: HELL. NO.
I swear, what lawyers do sometimes just make me sick to my stomach. This is NOT the action of the copyright holders, no; it's the actions of their lawyers. I can tell, trust me.
For God's sake, can't those suits leave us be for one moment?!
AND YOUTUBE FAILS!!!!!! WELCOME BACK GUITARHEROPHENOM!!!!!!!! FUCK YA!!!!!!!
"Are Guitar Hero Videos fair use?"
NO, THEY AREN'T. They don't meet the fair use criteria in any manner whatsoever. Buying the game and making your own video using the underlying song copyright and posting it (which is considered broadcast) on YouTube or any other site IS infringing the song copyright and the terms of the license you agree to when you buy the Activision product, game and/or DLC.
Have any of you ever considered asking for permission? What a bunch of asshats you are.