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Legality of adding music?

By Rick B. Rey | "Rick B. Rey" <rick@...> | vivarey
October 11, 2004 | Post #1357 | Topic #1357

Hi everyone: Like a lot of other people, I'm not new to blogging or producing video - but I'm new to videoblogging. I have a question regarding music clips in videoblogs. Is it covered under Fair Use? Is it illegal? I include music in my own personal home movies, but I've never distributed content like this over the web -- so I'd like to hear your thoughts. Thanks, -Rick [View]



Re: Legality of adding music?

By Eric Botticelli | "Eric Botticelli" <eric9897@...> | eric9897
October 11, 2004 | Post #1358 | Topic #1357

Copyright law is vague, and I'm not highly educated in the field, but here's the law: http://www.freespeeches.net/fairuse.html So, say your movie pertained to the instruction of how to play that particular song, or an educational analysis of it, you would have a, in my opinion, sound legal backing for that use. Also, if you are "critizing" or "critical" of the piece of music, that would be fine as well. If you are explicitly or implicitly comparing that piece of music with other pieces of music, that might fly as well. Simply adding a copyrighted piece of music that goes well with your video, however, is typically a violation of U.S. Copyright law. If you really want to use it, contact the artist save the e-mail that says you can use it if they let you. [View]



Re: [videoblogging] Re: Legality of adding music?

By Jay dedman | Jay dedman <jay.dedman@...> | kinshasa2000
October 11, 2004 | Post #1361 | Topic #1357

uh oh. this questions has been a can of worms. yes, it is illegal to use something you have not created if it is copyrighted. that is why so mnay of us are for "Creatice Commons" licenses...that let people use the work as long as no one profits from it. however, my personal opinion is that if you are not profiting from your videoblog...use what you want. if someone doesnt like it, theyll let you know. Fair Use does speak of putting things in different context. On Mon, 11 Oct 2004 09:43:15 -0000, Eric Botticelli <eric9897@...> wrote: > > > Copyright law is vague, and I'm not highly educated in the field, but > here's the law: > > http://www.freespeeches.net/fairuse.html > > So, say your movie pertained to the instruction of how to play that > particular song, or an educational analysis of it, you would have a, > in my opinion, sound legal backing for that use. > > Also, if you are "critizing" or "critical" of the piece of music, that > would be fine as well. If you are explicitly or implicitly comparing > that piece of music with other pieces of music, that might fly as well. > > Simply adding a copyrighted piece of music that goes well with your > video, however, is typically a violation of U.S. Copyright law. If > you really want to use it, contact the artist save the e-mail... [View]



Re: [videoblogging] Re: Legality of adding music?

By Andreas Haugstrup | "Andreas Haugstrup" <videoblog@...> | andreashaugstrup
October 11, 2004 | Post #1364 | Topic #1357

> however, my personal opinion is that if you are not profiting from > your videoblog...use what you want. > if someone doesnt like it, theyll let you know. The problem appears if the RIAA lets you know through a lawsuit. :o) Through a videoblog I found a record label that had all their music released under a CC license (all songs could be used non-commercially for free). Of course I don't remember which videoblog or the name of the record label... The any Danes on the list: If you want to use music from any artist registered with KODA (they all are) you need to pay the usual KODA/GRAMEX fee that you have to pay whenever using music publicly. The rules are very clear and it's best not to mess with KODA. -- Personal: <http://www.solitude.dk&gt; File Thingie - PHP File Manager <http://www.solitude.dk/filethingie/&gt; [View]



Re: [videoblogging] Re: Legality of adding music?

By Adrian Miles | Adrian Miles <adrian.miles@...> | adrianlmiles
October 11, 2004 | Post #1365 | Topic #1357

On 12/10/2004, at 3:27 AM, Jay dedman wrote: > however, my personal opinion is that if you are not profiting from > your videoblog...use what you want. > if someone doesnt like it, theyll let you know. > Fair Use does speak of putting things in different context. not in this country in the current climate. We have had uni students prosecuted and the practice *traditionally* in film and tv (which we teach) is that if your work is to be shown to a public (any public) you must have clearances for all material. This is 100% non negotiable. Profit or not for profit doesn't enter into it. Also, like Andreas notes, there are rules for these things. Here if you even want to play music in your shop you must purchase a licence to do so, the cost is trivial, and the fees collected by the agency responsible are distributed back to the copyright owners. These are strongly legislated for, and is the environment we have to work in, so bring on the CC work! pronto :-) cheers Adrian Miles +++++++++++++++++++++ http://hypertext.rmit.edu.au/vog/vlog/ [View]



Magnatune (CC music) (was Legality of adding music?)

By M. Sean Gilligan | "M. Sean Gilligan" <seanlist@...> | M_Sean_Gilligan
October 13, 2004 | Post #1368 | Topic #1357

> > however, my personal opinion is that if you are not profiting from >> your videoblog...use what you want. >> if someone doesnt like it, theyll let you know. > >The problem appears if the RIAA lets you know through a lawsuit. :o) > >Through a videoblog I found a record label that had all their music >released under a CC license (all songs could be used non-commercially for >free). Of course I don't remember which videoblog or the name of the >record label... It may have been one of my blogs talking about Magnatune: http://magnatune.com/ There's an entry in the vBlog Central FAQ about this topic: http://www.vblogcentral.com/archives/000084.html I made this post using some content from Magnatune: http://msgilligan.blogspot.com/2004/09/slide-show-of-fcc-raid-on-free-radio.html Magnatune also has (what appear to be) reasonable rates for commercial use, as well. (This is their business model, and it sounds great -- I hope it works for them and their artists...) -- Sean -- --------------------------------------------------------------------------- M. Sean Gilligan : 831-466-9788 x11 Catalla Systems, Inc. : http://www.vblogcentral.com --------------------------------------------------------------------------- [View]



Re: Legality of adding music?

By vivarey | "vivarey" <rick@...> | vivarey
October 15, 2004 | Post #1380 | Topic #1357

--- In videoblogging@yahoogroups.com, Adrian Miles wrote: > not in this country in the current climate. We have had uni students > prosecuted... Hi Adrian and others- I agree the current climate is one of caution. But, I think what we're talking about here (adding music onto non-commercial video) is a lot different than students downloading music -- if those are indeed the lawsuits you are referencing. Because videoblogging is so new, I don't think a precedent is set. What would be most analogous thing, then, to videoblogging? Home video production? Public access TV? I wonder, have there been any documented cases of litigation in those areas when music clips were added sans permission? I've been doing some reading on Copyright & Fair Use, and I think it really depends on how you interpret the policy. Fair Use allows for "transformative" use of copyrighted material. What does this mean? According to Stanford University Libraries (link at bottom): "So what is a "transformative" use? If this definition seems ambiguous or vague, be aware that millions of dollars in legal fees have been spent attempting to define what qualifies as a fair use. There are no hard-and-fast rules, only general rules and varying court decisions. That's because the judges and lawmakers who created the fair use exception did not want to limit the definition of fair use. They wanted it--like free speech--to have an expansive meaning that could be open to interpretation. In... [View]



Re: [videoblogging] Re: Legality of adding music?

By Jay dedman | Jay dedman <jay.dedman@...> | kinshasa2000
October 15, 2004 | Post #1381 | Topic #1357

i really really appreciate this post. these resources are important to know. and just to back it up with some facts... at my community TV station, no one has ever been sued for copyright infringement... eventhough there are hundreds of uses of copyrighted material aired each day. Producers use music, TV clips, movie clips. Again, i feel its becasue no one is earning a penny that no attention is paid. also, a producer isnt just playing a song on a black screen.....he'll put the music with images he's selected. One guy does a famous show called "Concrete TV" that he's done for 10 years now. It's 100% copyrighted material. What he does is edit togther tiny clips from movies and TV. It's all car chases, gun fights, dancing, laughter, sex scenes, explosions...quickly cut together. no scene is more than 5 seconds long. imagine if he had to get permission for each clip he used. Long live FairUse. Long live more people using Creative Commons so we dont have to have these dumb arguments. On Fri, 15 Oct 2004 06:10:08 -0000, vivarey <rick@...> wrote: > > > --- In videoblogging@yahoogroups.com, Adrian Miles wrote: > > not in this country in the current climate. We have had uni students > > prosecuted... > > Hi Adrian and others- > > I agree the current climate is one of caution. But, I think what we're > talking about here (adding music onto non-commercial... [View]