I would add that this is not such a simple issue. While I am not a lawyer, there are several who have told me that fair use can be applied to a much larger degree that we currently think. The legal grey area that you find yourself in is one of the failures of our current copyright system, and one that many youth media organizations across the country are facing.

The Listen Up! network (where I am Web Producer, http://listenup.org) is currently challenging our groups to use music and footage that they have the rights to, precisely so that they can choose to license their work with a Creative Commons license ( http://creativecommons.org ) so that future generations will not have to deal with this ridiculous wrench in the creative process, especially for non profit educational organizations like yours.

I have put together a multimedia performance about these issues, which I'm taking on a "Free Culture Tour" this Spring to colleges and youth media organizations in the US. Description and details below and at: http://freeculturetour.org .

Free Culture is a multimedia performance and lecture by artist and intellectual Colin Mutchler that mixes music, images, and spoken word, drawing from his personal experience and the internet, that demonstrates the complex and entertaining cross section between cultural property and freedom.

Take care,
Colin

On Feb 23, 2005, at 9:54 AM, Taran Rampersad wrote:

Agreeing with Ross, and more...

Ross Gardler wrote:

Debbee Williams wrote:

OK...to quote my frustrated 5 year old nephew, "I need help."

I work for a non-profit organization, we have recently started providing
digital arts programs. Creating movies, music, photo manipulation, etc.
As part of the movies and some of the multi-media presentations we are
doing, we are using music from copyrighted CD's as background. We
started doing slide shows at an event highlighting activities for the
year, while playing a CD in the background. Now we have advanced to
creating short videos of the same thing, which are not only shown at a
conference, but shared at board meetings and other gatherings where we
want to showcase what we are doing.


I have tried to locate if this is legal, if it falls under fair use, or
what...but really haven't been able to navigate the US copyright laws
very well.


This is not legal. You are publically broadcasting copytighted
material. To do this you need license (in the UK it is called a
Performing Rights Society license, I think that in the US the
equivalent is ASCAP http://www.ascap.com/about/).

However, if you contact the copyright owners and explain your use you
will probably find that most will be willing to allow you to do this.
But to be legal you *must* have this in writing.

Ross

Concur. In fact, any country with a TRIPs agreement (I think the whole
world...), these laws stick. As Ross suggested, there is a need to get a
legal 'license' from the owner of the copyright - which is usually not
the creator (artist, etc) of the work.


But there is another option: CreativeCommons makes all sorts of material
available under Creative Commons copyrights licenses which allows the
uses you appear to need, without having to keep a big stack of letters.
Video, audio, text... http://www.creativecommons.org


--
Taran Rampersad

[EMAIL PROTECTED]

http://www.linuxgazette.com
http://www.a42.com
http://www.knowprose.com
http://www.easylum.net

"Criticize by creating." — Michelangelo

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Colin Mutchler, Web Producer
Listen Up! - http://www.listenup.org
Listen Up is a youth media network that connects young video producers and their allies to resources, support, and projects in order to develop the field and achieve an authentic youth voice in the mass media.


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