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Cops Are Playing Music While Citizens Are Filming To Trigger Copyright Filters (vice.com) 230

An anonymous reader quotes a report from Motherboard: Last Friday, a man entered the Beverly Hills police department, only to be treated to a mini DJ set that could potentially get his Instagram account banned. Sennett Devermont was at the department to file a form to obtain body camera footage from an incident in which he received a ticket he felt was unfair. Devermont also happens to be a well-known LA area activist, who regularly live-streams protests and interactions with the police to his more than 300,000 followers on Instagram. So, he streamed this visit as well -- and that's when things got weird.

In a video posted on his Instagram account, we see a mostly cordial conversation between Devermont and BHPD Sgt. Billy Fair turn a corner when Fair becomes upset that Devermont is live-streaming the interaction, including showing work contact information for another officer. Fair asks how many people are watching, to which Devermont replies, "Enough." Fair then stops answering questions, pulls out his phone, and starts silently swiping around -- and that's when the ska music starts playing. Fair boosts the volume, and continues staring at his phone. For nearly a full minute, Fair is silent, and only starts speaking after we're a good way through Sublime's "Santeria."

Assuming that Fair wasn't just trying to share his love of '90s stoner music with the citizens of Beverly Hills, this seems to be an intentional (if misguided) tactic to use social media companies' copyright protection policies to prevent himself from being filmed. Instagram in particular has been increasingly strict on posting copyrighted material. Any video that contains music, even if it's playing in the background, is potentially subject to removal by Instagram. Most people complain about these rules. Beverly Hills law enforcement, however, seems to be a fan.
"Under most circumstances, civilians are legally permitted to openly film on-duty police officers under the First Amendment," the report notes. "And while the interaction between Devermont and Fair is pretty benign, BHPD's recent behavior suggests that at least some cops believe they can prevent themselves from being filmed or livestreamed by playing copyrighted music, which would have serious implications for more serious incidents of police misconduct."

In a statement emailed to VICE News, Beverly Hills PD said that "the playing of music while accepting a complaint or answering questions is not a procedure that has been recommended by Beverly Hills Police command staff," and that the videos of Fair were "currently under review."
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Cops Are Playing Music While Citizens Are Filming To Trigger Copyright Filters

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  • by MatthiasF ( 1853064 ) on Tuesday February 09, 2021 @10:44PM (#61046496)

    Copyright was originally envisioned as a right granted from the people to creators that would give them the exclusive rights to profit from their work for a period to earn back the costs of creation and reward their efforts.

    But this has gone far beyond that now with copyright houses claiming rights on works nearly a century old and using their copyright as weapons against people.

    This was not the purpose of copyright, it has been distorted and corrupted to become abusive.

    • by OrangeTide ( 124937 ) on Wednesday February 10, 2021 @03:44AM (#61046584) Homepage Journal

      Anyone can make something that is copyrighted and own that work. It's a right accessible to all, perhaps more than any other right. (like voting)

      Criminal enforcement of copyright violation seems to mainly favor big copyright holders. They somehow get to use tax payer funded law enforcement to serve corporate interests.

      Civil cases always seem to favor those with money for attorneys. It doesn't really matter if it's about copyright or another IP issue, or even about a contract. The courts tend to best serve the interests of those with the resources to pay for it. Hiring a law firm to sue your competitor out of business becomes a calculation, how much money will you make long term versus what can you afford to "invest" in such siege warfare.

      • The concept of property ownership has generally involved a state to enforce said ownership.

        Songs, poems, and the oral traditions predate the modern state, though. Songs generally belonged to all the people.

        Modern technology makes it possible to record songs and make them into an item that can be claimed as property, Modern printing/publishing makes it cheap and easy to capture words the same way.

        People should just quit relying on others to sing for them, and sing themselves. Stop passively watching 'movies

    • by Misagon ( 1135 ) on Wednesday February 10, 2021 @04:05AM (#61046612)

      On the other hand, could copyright law be used against police who do this?

      Isn't the front desk of a police department considered a public space?
      What does copyright law say about playing music loudly in public spaces without paying royalties?

      • The rightsholder (probably BMI or ASCAP) could make the argument that this is a "Public Performance" and ask the police to pay the licensing lee for the music. These sorts of lawsuits are very common and very expensive.

    • This was not the purpose of copyright, it has been distorted and corrupted to become abusive.

      Zoom the lens out a bit. What has become distorted, corrupt, and abusive, is the entire legal system that perpetuates this abuse.

      Performers being protected was a reasonable decision. At the rate we're going, astronauts stepping foot on the moon again are going to get sued for moonwalking by the Jackson legal trust.

      • by nagora ( 177841 ) on Wednesday February 10, 2021 @05:47AM (#61046762)

        This was not the purpose of copyright, it has been distorted and corrupted to become abusive.

        Zoom the lens out a bit. What has become distorted, corrupt, and abusive, is the entire legal system that perpetuates this abuse.

        Performers being protected was a reasonable decision. At the rate we're going, astronauts stepping foot on the moon again are going to get sued for moonwalking by the Jackson legal trust.

        Show me on the map where Mr Jackson touched your moon...

        • This was not the purpose of copyright, it has been distorted and corrupted to become abusive.

          Zoom the lens out a bit. What has become distorted, corrupt, and abusive, is the entire legal system that perpetuates this abuse.

          Performers being protected was a reasonable decision. At the rate we're going, astronauts stepping foot on the moon again are going to get sued for moonwalking by the Jackson legal trust.

          Show me on the map where Mr Jackson touched your moon...

          Well that's me getting coffee off my screen again.

          I must say, it was worth it.

    • by AmiMoJo ( 196126 )

      Maybe the tables could be turned on these cops. Aren't the RIAA interested in this "public performance"? In the UK the equivalent of the RIAA has gone after cops before, for having the radio on in the police station and audible from public areas.

    • You missed the point completely. Do you have some reflex built-in that forces you to post this stuff any time you see the word "copyright"?
  • by BlackBilly ( 7624958 ) on Tuesday February 09, 2021 @10:48PM (#61046504)
    There seems to be this view that privacy is either of only two possible states. Either you're private and no-one can see you, or you're not private and then all 8 billion people are entitled to know what you're up to. Where are the 50 shades of grey that says if I'm doing something in my front yard, I expect a few people might see me, but this shouldn't give you the right to film me in my front yard and then broadcast it to the world?
    If I'm talking to people in my local bar, I expect a few people in nearby tables might overhear me, but I should be able to expect that every word I speak isn't captured by a high sensitivity mic and then put on YouTube?
    • by serviscope_minor ( 664417 ) on Wednesday February 10, 2021 @04:31AM (#61046646) Journal

      There seems to be this view that privacy is either of only two possible states. Either you're private and no-one can see you, or you're not private and then all 8 billion people are entitled to know what you're up to. Where are the 50 shades of grey that says if I'm doing something in my front yard, I expect a few people might see me, but this shouldn't give you the right to film me in my front yard and then broadcast it to the world?
      If I'm talking to people in my local bar, I expect a few people in nearby tables might overhear me, but I should be able to expect that every word I speak isn't captured by a high sensitivity mic and then put on YouTube?

      Hell yes!

      There seems to be some sort of perverse assumption that you have zero right of privacy in a public place, therefore if you step out your front door it's legitimate to have your movement tracked and logged in perpetuity by a variety of interests public and private.

      This is utterly absurd. The notions of privacy and it's legal backing completely predate the time when this was remotely feasible and something anyone had thought of. Sure someone might have paid a private detective to follow you around, but it just wasn't scalable enough to pose a problem in the general case. Just because it was legal to be intrusive in one person's life doesn't follow it's reasonable to be automatically do it to almost everyone for example.

      I think your examples are fine in that it is reasonable for most people most of the time that their actions aren't continuously being captured, stored and logged in perpetuity. And if a private company wanted to film every road in the country and store the results that's not ok regardless of the current legal lack of expectation of privacy in a public place.

      That said, I don't think this particular incident is quite the same case. In the last 50 years a TV reporter with a film crew could have pulled the same stunt at a police station, it would have just cost a bunch more money, but no one would have complained if he had the backing of a major TV network. Also you know a spiteful part of me thinks turnabout it fair play. They have body cameras to film interactions with private citizens, and so private citizens can film them right back. but you know it's much harder to lose the footage, have a broken camera or accidentally destroy the evidence if it's being livestreamed.

      There's a curious thing, that there are many things are quite reasonable if not too many people do them, but if lots of people do it, it becomes a huge problem. Examples abound, from automatically putting everything you see on youtube to burning a wood fire in London. Sadly a lot of people see things in black and white as simply "ok" and "not ok", which makes this hard to discuss.

      • by jlar ( 584848 )

        I think your examples are fine in that it is reasonable for most people most of the time that their actions aren't continuously being captured, stored and logged in perpetuity. And if a private company wanted to film every road in the country and store the results that's not ok regardless of the current legal lack of expectation of privacy in a public place.

        This is a balance between fundamental rights of privacy, freedom of speech and freedom of the press. And it seems to me that the right to privacy is somewhat overlooked in the USA compared to Europe. Maybe because we Europeans historically have been closer to the communist surveillance states (remember Stasi) and therefore put much more weight on protecting the privacy of citizens - also when they are in public areas.

        I am quite satisfied that in general I cannot be video surveilled in public and that if I g

    • by AmiMoJo ( 196126 ) on Wednesday February 10, 2021 @06:01AM (#61046778) Homepage Journal

      If you are a cop on duty then you should expect to be filmed. You have extraordinary powers over people, which means extraordinary scrutiny and accountability as well.

      • by jlar ( 584848 ) on Wednesday February 10, 2021 @06:28AM (#61046804)

        If you are a cop on duty then you should expect to be filmed. You have extraordinary powers over people, which means extraordinary scrutiny and accountability as well.

        Not that I disagree entirely. But lots of people have extraordinary powers over people. What about nursing staffs at elderly homes? Should they expect to filmed since they have extraordinary power over the elderly? What about doctors and nurses? What about politicians? What about teachers? What about system administrators? Or CEOs?

        This is definitely not an easy issue. In Denmark we have seen a number of incidents with secret recordings of nursing staffs treating helpless old people terribly. So these recordings are obviously justified. But should we be free to put all such recordings including ones that are not showing any abuse on the internet for the World to see if we please? I don't think so. Nursing staff also have a right to privacy. But they should of course be punished or fired if the don't treat their patients properly. In some cases you may want to show the recordings publicly. But unless something illegal happened you should IMO be obliged to blur out their faces.

        And the same goes for the police. Just because you are a police officer does not mean that you want to be a YouTube star.

        • by AmiMoJo ( 196126 ) on Wednesday February 10, 2021 @08:03AM (#61046930) Homepage Journal

          I agree, it's not an easy question to answer. I think in general most of the time there is a good argument for keeping the recording private, only handed to police when there is evidence of a crime or journalists when there is something in the public interest in there.

          Cops are a somewhat unique situation though, because while on duty they not only have extraordinary powers, they are a serious threat to everyone if they decide to abuse them.

          In the UK it is legal to film cops on duty, and many organizations recommend that you do so if you have any interaction with them at all. I'd say that is a reasonable balance, the cops can retreat to private spaces if they need to and given the level of routine abuse we see there is justification for the relatively minor loss of privacy.

        • What about nursing staffs at elderly homes? Should they expect to filmed since they have extraordinary power over the elderly? What about doctors and nurses? What about politicians? What about teachers? What about system administrators? Or CEOs?

          To the extent that they *do* have that extraordinary power, yes, they should expect that.

          But I think you don't realize exactly what exorbitant amount of power police has, and all people you named don't.

          Police has the monopoly of force. This means they have the right to rough you up backed up by law, 7 ways from Sunday and for a wide variety of reasons. And you don't get any right to oppose in any way. The best you can do is sue after the fact, if you're alive, around and able to do that.

          Nobody, not nursing

    • ...If I'm talking to people in my local bar, I expect a few people in nearby tables might overhear me, but I should be able to expect that every word I speak isn't captured by a high sensitivity mic and then put on YouTube?

      In a bar filled with narcissists addicted to social media, with 99.999% of them carrying smartphones riddled with privacy-robbing apps that often enable exactly that...yes. You sadly should damn near expect that to happen.

      "Glassholes" were chased out of bars 5 years ago. They'll be welcomed in tomorrow.

    • Exactly and it's got to be crappy being any worker and knowing your are being watched.

      As mentioned, the officers were being very professional and doing their job in a regular ordinary manner. Why do you feel the need to film it?
      Did this activist really in his heart of hearts think the police officers at the station would be doing some really crazy shady stuff to warrant being video taped?

      There's a social etiquette to this stuff. Maybe you go in without a camera. They turn down your request or try and persua

  • by jlar ( 584848 ) on Wednesday February 10, 2021 @03:30AM (#61046560)

    "And while the interaction between Devermont and Fair is pretty benign, BHPD's recent behavior suggests that at least some cops believe they can prevent themselves from being filmed or livestreamed by playing copyrighted music, which would have serious implications for more serious incidents of police misconduct."

    I am not sure that I understand how playing copyrighted music should prevent people from filming you. Yes, it will prevent you from publishing the recording unedited to the world. But you can still film them and if they do something illegal or reprehensible then you still have the evidence. Regarding livestreaming I can see the point if the stream is cut off. But then you can stream to a service which puts your recording somewhere safe instead of publishing it to the world.

    My guess is that there are already filters that can remove background music from a recording now. So, just apply that afterwards if something illegal happens and you want to publish it. So, I don't really see this as a major blocker to prevent police misconduct.

    • by nut ( 19435 ) on Wednesday February 10, 2021 @04:08AM (#61046620)

      I'm wondering if this is more of a technology hack than an attempt at legal protection. Putting copyrighted music into someone's video is going to cause algorithms on social media platforms to automatically suppress such uploads.

      I don't know how this would work out if it ever went to court, but it adds technological friction to the publication of any such content.

      I have a certain amount of sympathy for the cop here too, if Devermont actually was filming and publishing email addresses or phone numbers of one of his colleagues that might otherwise be expected to be kept private. I'm extrapolating a bit here - what exactly was, "work contact information?"

      • Does it even work that well?

        I mean, when I see some random street video of a police confrontation there's so much fucking yelling and background noise you can barely make out the voices and words of the principals in the scene.

        How likely is it that some impromptu low-fi copyrighted music added to the baseline cacophony going to be appropriately processed by some automagic copyright filtering system?

        It makes me wonder if its not even an intentional technical hack, but some kind of social hack designed to cre

    • Re: (Score:3, Informative)

      I am not sure that I understand how playing copyrighted music should prevent people from filming you. Yes, it will prevent you from publishing the recording unedited to the world. But you can still film them and if they do something illegal or reprehensible then you still have the evidence.

      I suspect this had as much to do with self-promotion as it did anything else. I mean, come on - he was streaming it on Instagram.

      • by SandorZoo ( 2318398 ) on Wednesday February 10, 2021 @05:31AM (#61046730)

        I mean, come on - he was streaming it on Instagram.

        Or he was excerising his right to freedom of speech, and an agent of the government was using a roundabout method to try and interfere with that speech

        • How? He never asked him to turn it off, he did what he was supposed to do (handle a body cam video request?), and nothing happened that prevented his exercise of free speech.

          You have a right to record the police, as long as you don't interfere, and he did record the police - what was he denied? The ability to stream/share on social media because of music in the video? Are we now claiming that people have an inalienable right to stream videos?

          Let's not forget, this is one activist and one officer - there's n

    • by gnasher719 ( 869701 ) on Wednesday February 10, 2021 @06:43AM (#61046836)

      I am not sure that I understand how playing copyrighted music should prevent people from filming you. Yes, it will prevent you from publishing the recording unedited to the world. But you can still film them and if they do something illegal or reprehensible then you still have the evidence.

      I think the idea was that if you record a police officer (or record a bunch of ducks on a lake for that matter), and there is loud copyrighted music on your recording, and you put it on Youtube, some computer scanning everything on Youtube will detect the music, and automatically complain about copyright infringement.

      If it went to court, you might convince a court that it is fair use to record music that a police officer played intentionally while you were legitimately recording him. But it doesn't go to court, your recording just disappears from Youtube.

    • Yes, it do exists. It is known as "vocal zapper", it is a hardware device, and exists since many years. It removes the singer from a song, so that you can sing on the music instead of the original singer. Just subtract the output from the original recording, and the problem is solved.
      Modern deep learning probably can do better, I really wonder why someone still uses these stupid tricks to block video recordings from being uploaded to Youtube.
  • by Sneftel ( 15416 ) on Wednesday February 10, 2021 @04:23AM (#61046638)

    For nearly a full minute, Fair is silent, and only starts speaking after we're a good way through Sublime's "Santeria."

    Okay, look. I know that stories like this always make the headlines, but it's important to remember that only a tiny, tiny fraction of police officers listen to shitty ska punk, and we shouldn't judge the playlists of all of them based on the actions of a few.

  • It's just the Cops theme song when they're off to make an arrest.
  • by orzetto ( 545509 ) on Wednesday February 10, 2021 @05:01AM (#61046684)

    I'm not sure how the exact laws are in the USA, but playing your licensed music to a stranger in public should qualify for "public performance". Isn't that explicitly forbidden by whatever small print you have to accept before you can play copyrighted music for your personal use? Isn't that cop engaging in piracy by sharing copyrighted material, with the patent intent of going beyond fair use?

    How is it that I have the feeling he will not be prosecuted for this?

  • Illegal.

    Arrest them and sling them in the clink.
  • by zawarski ( 1381571 ) on Wednesday February 10, 2021 @06:11AM (#61046786)
    .. Cop Rock.
  • I'd say that if a police officer intentionally plays music while being legally recorded to prevent publication of the recording, then it's the police officer who is guilty of copyright infringement. Different if he is playing music that he likes, before you start recording.
    • by v1 ( 525388 )

      Normally just having music playing when someone *happens* to be around is legal. But if you play the song FOR members of the public, that pretty much ticks the box for "public performance". Intent to disrupt lawful recording doesn't even need to get involved for this to be unlawful.

  • This is pretty brilliant, tbh.

    Both in parry and in illustrating the need to decentralize.

  • by unami ( 1042872 ) on Wednesday February 10, 2021 @08:32AM (#61047008)
    I hope, the police pays the rights collecting agency. Won't be that much anyway.
  • by bain_online ( 580036 ) on Wednesday February 10, 2021 @08:36AM (#61047030) Homepage Journal
    I am not commenting on morality or legality. But this is Slashdot . We got to admire the genius mind behind this act. I think he is in the wrong profession.
  • I hope that trick works! There's no problem with obtaining the footage, the problem is filing inside the police station. What if the live stream accidentally captured sensitive files? What is someone was capture on video who didn't authorize it? The live stream should be taken down because it's invaliding peoples personal space, and if playing copyrighted music help get it taken down then I fully support that move!
  • Just maybe, not do those things if you aren't willing to be held accountable for your actions.

  • When cops resort to tactics like this, it's basically a admission that they know what they're doing is "questionable at best" and they don't want it to be seen. How much longer will we tolerate these abuses?

  • Report them to ASCAP for public performance without a license.

  • by johnlcallaway ( 165670 ) on Wednesday February 10, 2021 @10:32AM (#61047388)
    I'm really tired of idiots like this who turn on a camera, hoping something will go wrong and create a viral video. I'm 100% for police using any tactic to subvert their intention to escalate what should be an everyday affair into something newsworthy so they can get more followers. There was nothing that prevented this moron from recording audio, except that it's not nearly as likely to go viral when he acts like a jerk and gets arrested.
  • It seems to me that the video would easily show that the cop had deliberate intent to block the person's live stream. Can a person rightfully collect damages when someone else sabotages their video stream like this?
  • Devermont (the citizen) could have stated he couldn't satisfactorily hear the cop over the music and asked him to turn it off. He has a right to communicate with the police under reasonable circumstances. Otherwise the police (or anyone) could always blast noise at 150db+ when citizens come to complain. This could effectively turn into an ADA case.

  • If this becomes common, I can see people recreating the audio and laying it over the video. They could give the police ridiculous accents, change tones, and more. And many of those people are very good at video/audio editing, have lots of free time, and often chips on their shoulders with authority figures. This is not a road the police want to take.

  • When the film of Rodney King came out it wasn't the soundtrack that got the attention.

    If it is something that the cop says that is the problem then bring that before his superiors or a judge, It does not need to be covered so exigently that it must go live to instagram

    If the purpose of streaming the interaction is to feel physically safer then do it without the soundtrack

  • by kenh ( 9056 )

    A careful read of this story reveals exactly one police officer and one citizen, why are "Cops" and "Citizens" plural?

    To be honest, the live-streamed was being kind of a jerk, walking into the police station with a camera going while submitting a request for body cam footage, and the officer was kind of a jerk by playing the music - had to portray either as angel or villain.

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