brian kinnesHe combined nearly 150 videos uploaded to YouTube, TikTok, and Twitter by concertgoers who didn’t attend Coachella to make an unofficial, multi-cut movie that unveils the entire set of Ocean, spanning nearly an hour and 20 minutes. Kinnes posted the movie online on Tuesday, and that same day received a cease and desist order from entertainment company AEG, demanding that Kinnes “remove and destroy all audio and video content”. […] Music performances of the festival.”
In the letter received by Variation, Coachella parent company. “Anything that does not fully comply with this request will promptly lead to official legal action.” AEG also owns Coachella promoter Goldenvoice.
Kinnes, the 26-year-old editor-in-chief of Simone Films, decided to shoot the concert film after the movie. YouTube announced A few hours before Ocean took the stage, the set’s absence from the official Coachella livestream disappointed millions of fans at home who had been hoping to watch the hermetic R&B star’s first live performance in six years. Kinnes, Beastie Boys’ experimental 2006 concert document “Awesome; Combining video shot by audience members, I Fuckin’ Shot That!
The most accurate and quality recording available of the much-discussed Coachella performance, Kinnes’ 2023 film was quickly removed from YouTube due to a complaint filed by third-party copyright holder Rico Management. But thanks to external links on Kinnes’ website to sites like Google Drive and Dropbox, people were still able to watch and download the unofficial concert movie for free. (These links have since been removed. Kinnes’ sitenow includes a disclaimer that the movie is “currently not available to the public”.)
“I’m not interested in any legal ramifications because I don’t plan on making a penny out of it,” Kinnes said. Variation in an interview before stopping and giving up. “I will continue to upload this to the appropriate places. [Ocean’s] legal team will not find. I don’t know if I should tell this to a reporter… but it deserves to exist online.”
Kinnes has since changed its tune. After AEG requested that it remove all references to Coachella from its website and all of its social media accounts, Kinnes actually deleted some tweets and removed the video from their online channel. But despite the company’s request that it “take all necessary measures to prevent it from appearing under a different URL,” Kinnes is “confident that the video will be online forever” because “hundreds of people have been able to download it in the first place.” turned it off and these people are reinstalling it.
Kinnes says he spent 80 hours editing the movie on DaVinci Resolve. After sending the two clearest audio files he could find of the set to a sound engineer who combined the two files into one clean recording, Kinnes put together hundreds of videos he found online. She estimates that she downloaded 450 videos from 300 different people who went to the concert and used about 150 videos for editing.
“I’m putting together what’s already public,” Kinnes says of the film. “Actually, [AEG’s] The allegations are pretty meaningless and almost completely unfounded.”
But the copyright and intellectual property laws surrounding Kinnes’ film are actually pretty vague, as there are many layers of copyright interests involved, including but not limited to Ocean’s music and lyrics, graphics and video elements, festival signage and trademarks. the people who shot the videos and the social media platforms they uploaded to. After all, copyright protects any form of original expression fixed to a tangible medium.
Kinnes says he doesn’t make any money from the concert movie. and he never expected it. That’s why he says it could be a fair use defense. But legal experts say that even if Kinnes isn’t held responsible for the infringement, AEG can file a claim for trademark dilution – an idea the company alluded to in the letter: “The content of your social media posts, use of our Festival name, our use of Festival content and other terms, Intellectual Property of the Festival’s name and reputation It clearly shows that you are using it for trading purposes.” Lawyers say that even sharing or promoting links to re-uploaded versions of his video could put Kinnes in legal trouble for contribution violations.
for AEGs festival ticket conditions“No one may transmit, broadcast or transmit any live audio or audiovisual images from the Event site without the prior written consent of the Event producer.” This means that even posting a 30-second video of your favorite band playing in the Sahara tent can earn you a copyright takedown order. Of course, as the 450 report shows, policy is rarely enforced. Frank Ocean Videos that Kinnes can easily download from the internet. Also, Kinnes did not attend the festival and therefore did not accept AEG’s ticket conditions.
So who owns the videos? Probably AEG on their terms, but it may be difficult for them to enforce the takedown of short videos posted by the folks at Coachella. There is a claim that the copyright of the videos belongs to the festival goers who shot the videos. Regardless, it’s clear that Kinnes did Negative The owner of the clips used in the concert movie. Under the fair use doctrine, his film should have claimed to be “transformative” of the original content. talk to Variation In the background, a prominent Los Angeles-based intellectual property attorney says AEG’s claims against Kinnes are weak, but so is Kinnes’ defense.
Kinnes says he consulted a lawyer after making the decision to cease and desist and was confident AEG had no “legitimate complaints”. “It feels like a company struggling with their image is greatly overpowering,” he adds.
Kinnes emphasizes that the film is a passion project that he worked on during his hours out of his job as a professional film editor, with no intention or expectation of compensation. “Frank Ocean has had a huge impact on my life,” she says. And Ocean’s overall reaction chaotic cluster was disappointment (with his support sudden weekend 2 cancellation), Kinnes believes the performance is a brilliant “high-string play” and a piece of “performance art.” He made the concert movie for more people to witness and enjoy the show. on wednesday i Implied on Twitter it’s probably about hosting a face-to-face screening of your movie in New York.
And he has no resentment towards the R&B star. “I think if Frank had seen the video, he would have appreciated the way I captured the performance on a certain level,” says Kinnes. “I don’t think he’ll have a problem with it.”
Since posting the video, Kinnes has somehow become a micro-celebrity on the internet. Frank Ocean subredditWith over 377,000 community members. “I gained a ridiculous amount of Twitter followers. Maybe like 1,500 in the last six days,” he says. “This is too much for me.”
Kinnes’ upcoming works include “Salamander Days” by Rebekah Sherman-Myntti and KJ Rothweiler, and “Messy” by Alexi Celine Wasser. He also recently edited Kit Zauhar’s “This Closeness,” which premiered on South by Southwest in March.
As for her legal status, Kinnes says, “I have to lean on a piece.” When asked what that means, he coolly adds, “It’s a totally weird situation: sitting in my one-bedroom apartment in Bushwick and being at war with a billion-dollar company.”
Representatives of AEG and Ocean did not respond. Variationcomment request.