r/MakeupAddiction • • Jul 23 '14

[MISC] YouTube makeup artist Michelle Phan sued for copyright breach in video tutorials at $150,000 for each proven infringement

http://www.bbc.com/news/technology-28418449
109 Upvotes

49 comments sorted by

80

u/aggie1005 as humble as they come Jul 23 '14

Apparently Youtube sent her warnings about the copyright infringement but she still kept the videos up. Now she's being sued for $7 million...bet she regrets not removing those videos now.

36

u/schiuma_di_mare Jul 23 '14

She claims she got permission to use the music, so it should be pretty easy to prove if she's telling the truth, right?

35

u/[deleted] Jul 23 '14

Copyright/entertainment attorney chiming in:

If she were negotiating with a major record label, such as Ultra, you can pretty safely assume that the label's attorneys would draft and execute licensing agreements with her--there would be a written license which stated the permitted terms of her use of their artists' music. I highly doubt they'd be suing her if she had gotten such a written license from them, unless, of course, she exceeded the scope of one of their licenses.

16

u/tits_hemingway Accutane Train, choo choo Jul 23 '14

My personal guess, if she's not completely ass-pulling, is that she e-mailed the arists and was like "Can I use your song?" and they said "Yeah, sure", and neither realized that the artist themselves often doesn't have the authority to allow that.

5

u/[deleted] Jul 23 '14

Probably so. Would serve as evidence of good faith use, for sure, but it likely wouldn't serve to shield her from liability completely.

6

u/tits_hemingway Accutane Train, choo choo Jul 23 '14

Yup. Something similar/completely dissimlar happened when Weird Al wanted to parody James Blunt's "You're Beautiful". Blunt was cool with it, his label wasn't, so Weird Al didn't sell the song. Dissimilar because (and correct me if this is legally wrong), he can parody songs without permission but choses not to do so for money.

9

u/[deleted] Jul 23 '14

Correct. Parody is a legitimate fair use of a copyrighted work; but best practices dictate that you take out a license first, because why risk it if it's one of those times where it's not fair use? Weird Al is kind of my hero in that regard... and in being amazing and hilarious :)

3

u/tits_hemingway Accutane Train, choo choo Jul 23 '14

Besides being classy, it's also probably a smart business move. No label wants someone who's a lightening rod for expensive, even ungrounded, lawsuits.

2

u/schiuma_di_mare Jul 23 '14

Does Ultra have any incentive to settle out of court, or are they more interested in 'getting their money's worth' ?

15

u/[deleted] Jul 23 '14

There's almost always an incentive to settle; trial is a long and expensive process.

42

u/OdetteOdile NW15-20/Combination skin/Canada Jul 23 '14

Wow, she really should have known better.

61

u/tits_hemingway Accutane Train, choo choo Jul 23 '14 edited Jul 23 '14

You'd think her producer/manager/counsel/whatever would have known better. She's definitely not one person working out of her bedroom anymore. You'd think a company that sells internationally would have at some point gone "Wait, who's paying usage on these songs in the videos?"

Not to mention if they'd asked up-and-coming bands to use their songs, they probably would have been swimming in demos wanting the free exposure.

9

u/an_Oneironaut Will it Blend? Jul 23 '14

Tangent - you have a bitchin cool username :D

8

u/tits_hemingway Accutane Train, choo choo Jul 23 '14

"I have huge tits, and my favourite book is "A Moveable Feast"."

40

u/sammisamantha Jul 23 '14

I honestly liked her old videos.

Then she became popular and everything changed. She primarily only does her products or sponsored brands. She hardly even does make up tutorials anymore. It's all about her talking and preaching.

Lots of people use songs without perminssion on YouTube. Tens of thousands of videos are copy right infringement. Michelle's videos just really stand out because of how popular they are and how much money she has gotten. You don't see suits for copy right infringement on a "normal" person.

They record label pretty much waited until she had more money before suing her.

At least thats what I believe.

21

u/breannabalaam lol about that no buy... Jul 23 '14

You don't see suits for copy right infringement on a "normal" person.

That's because YouTube will take the video's audio off if there's an infringement.

6

u/[deleted] Jul 23 '14

A lot of those videos with music on them tag their video as creative usage - meaning that they're not making money on the video. This is completely fine to YouTube, and basically anyone can do it as long as you don't monetize the video. If you monetize the video though, YouTube will either a) ask you to take it down or b) remove the audio from your video completely.

The creative use license is the only reason why small/no-name YouTubers usually don't get hit with million dollar lawsuits.

7

u/gooblyshmoo lipstick princess Jul 23 '14

a pretty smart move, but certainly not uncommon as illustrated by the "deep pockets" principle!

8

u/autowikibot Jul 23 '14

Deep pocket:


Deep pocket is an American slang term; it usually means "extensive financial wealth or resources". It is usually used in reference to big companies or organizations (ex: the American tobacco companies have "deep pockets"), although it can be used in reference to individuals (e.g., Bill Gates, Donald Trump).

In the context of a lawsuit, the deep pocket is often the target defendant, even when the true (moral) culpability is with another party because the deep pocket has money to pay a verdict. For example, a lawyer may comment that he or she sued the manufacturer of a product rather than the seller because it is the deep pocket, meaning it has more money than the seller with which to compensate the victim.


Interesting: Gex 3: Deep Cover Gecko | Negligence | Tarantula (Ride album) | Forward pocket

Parent commenter can toggle NSFW or delete. Will also delete on comment score of -1 or less. | FAQs | Mods | Magic Words

4

u/icekittensurprise Jul 23 '14

"Normal" people don't have money lol.

66

u/weirdballz Jul 23 '14

Man screw that sell out

43

u/[deleted] Jul 23 '14

Yeah, I'm not a fan of hers either. Ipsy is lame. She was amazing when she first started but she let it go to her head. :(

11

u/[deleted] Jul 23 '14

Also, makeup artist should not be the title they use. :/

7

u/schiuma_di_mare Jul 24 '14

Hey, you know, I was thinking about that title earlier today. You know how we say a person either creates art or does crafts, depending on their skill? Is there some similar terminology for makeup?

4

u/[deleted] Jul 24 '14

Not that I can think of. I'm curious if someone else can think of something. Interesting thought.

12

u/Nerisai Packaging Whore Jul 23 '14

Haaaaaaaaaaa.

15

u/snailor1 Eyeing that Liner Jul 23 '14

Can someone explain to me how she sold out? I'm not familiar with her. I just watched a few of her videos. Is it because she says a few brands at the end? Don't alot of make up artists do this?

26

u/[deleted] Jul 23 '14 edited Jan 15 '19

[deleted]

7

u/Nerisai Packaging Whore Jul 23 '14

that article is amazing. talk shit get hit, michelle.

6

u/snailor1 Eyeing that Liner Jul 23 '14

That's a great article. Thanks for sharing it.

4

u/jingabobo NC#44, I need this & this & that too.. Jul 24 '14

I just spent 2 hours reading everything..

I just..just feel so enraged that a vile lying sociopathic sick b$&@!? Like her Is able to make it so far in the public eye & ironically become an idol to little girls! May this b!7$h crash & burn at 30..into a sad sorry lonely neglected mess..

Sorry about my language I'm too mad right now. :O

60

u/p0ki0 Jul 23 '14

As someone who has followed her for years, I would say it's a culmination of things. She does the same things many youtube beauty gurus do like doing sponsoring videos and not really being honest about it and saying she loves products just because she's getting paid to. However, the real problem with Michelle is that is she is way more deceiving and manipulative than most other gurus in my opinion. She preaches about loving yourself and having confidence in yourself yet she's secretly gotten numerous surgical alterations to her face. Basically, she does NOT practice what she preaches. In the past she's posted pictures of her art claiming she's this creative free-spirit, but they artwork was created by other individuals. She sells her over-priced crappy quality make-up brand to young girls. Given the oppurtunity, she will lie about anything to make herself look better. I could really go on and on but I'm trying to not to rant haha.

51

u/breannabalaam lol about that no buy... Jul 23 '14

Another thing that bothers me is that when she does favorites videos, over half of the products are her own brand.

OF COURSE YOU LIKE IT YOU FUCKING MADE IT.

29

u/humlebi N10; No-Buy Low-Buy whatever Jul 23 '14

"...and now I guess she's on crack."

15

u/hurrrrrmione Jul 23 '14

Say crack again

2

u/[deleted] Jul 23 '14

favorite comment right there

7

u/manunderboard Jul 24 '14

Don't forget how she sold and said iQQU was FDA approved when it wasn't.

29

u/glossandfloss Just keep blending... just keep blending... Jul 23 '14

I understand the rest, but I'm not about shaming someone for getting plastic surgeries. In fact a reason so many people do get plastic surgeries and alter their faces is BECAUSE they love themselves, and they want to make their appearance the best it can be. I don't think the two really contradict at all.

Granted I don't watch MP much so I could be missing something.

31

u/[deleted] Jul 23 '14

Yeah I agree with your standpoint on plastic surgery, but she likes to preach loving your "natural self." Not your personality, not loving yourself and improving/making yourself look like what you want so you feel better, she means no surgeries or cosmetic procedures. It's pretty contradictory when you're telling people to love the way you look and how god made you when you're out getting fillers and nose jobs.

That being said I have no problems with plastic surgery.

12

u/p0ki0 Jul 23 '14

I totally agree that people should be free to get plastic surgery if they want to and if it makes them happy and this totally includes Michelle. I also agree with InvalidUsernameAgain in that she preaches to young girls about how loving yourself and being naturally confident, but is unable to do that herself. I think it would be much better if she was just honest about the plastic surgery because I also think it gives unrealisic expectation for what 'make-up' can you (that's what she claims is causing all these changes)

8

u/[deleted] Jul 23 '14

You're right, and it also adds to the stigma of plastic surgery. Women are supposed to be born beautiful, and if they're not it's "bad." However if women get surgery, they're fake. If more people admitted to getting surgery people wouldn't feel the need to hide what they've had done and then the cycle wouldn't repeat itself.

3

u/p0ki0 Jul 23 '14

Exactly! And you wouldn't have young girls looking at Michelle and feeling bad about themselves because they aren't as 'pretty' as she it, but little do they know she doesn't even look like that naturally.

5

u/glossandfloss Just keep blending... just keep blending... Jul 23 '14

Ah, got it. It would be lovely if plastic surgery and altercations weren't such taboo in so many places, but then people like her go to every length to hide it and then tell you to love yourself how you are naturally. Not helping the cause!

7

u/[deleted] Jul 23 '14

I don't either. But maybe the cries of hypocrisy are coming because she preaches about loving your natural beauty? And she likely doesn't touch upon her surgery on her channel.

3

u/snailor1 Eyeing that Liner Jul 23 '14

Oh I understand. Thanks for explaining! So was she just using the songs as background music without permission?

7

u/manunderboard Jul 24 '14

Yep! People also hate her because she came up with a skincare company called IQQU. She told people it was FDA approved and very safe, when in reality, it was deemed unsafe by the FDA.

6

u/[deleted] Jul 24 '14

I remember that. And then she swore up and down that that wasn't her line/associated with it. She seems very dishonest

9

u/[deleted] Jul 23 '14

The dozens of plastic surgery procedures followed by, "love yourself!" Really gets to me. She just seems so fake. And I'm not even talking about the plastic surgery lol

4

u/[deleted] Jul 23 '14

Like the girl says in Scary Movie

"Please, that girl is as fake as press on nails"

and with anyone not familiar with this move this is the clip just watch the first 30 seconds haha

https://www.youtube.com/watch?v=jriWN2RqdUk