Uhm, fair use is not part of the DMCA. In this case, we should be safe, but
you may read on if you like to see me whine and nitpick copyright law and
mis-citing of fair use. :)
It's not legalese, I promise.
<whine>
Everyone should read the copyright law, or at LEAST the part they're citing
BEFORE they cite it. I've observed people citing the fair use section when
it was totally inapplicable, and I think it would help people use it better
if they knew more about it than the fact that it had something to do with
"fair use." It was also a thing long before the DMCA. Linky:
http://www.copyright.gov/title17/92chap1.html#107
Fair use is subjectively decided for each case, putting us at the mercy of
the record company's lawyers if they choose to sue us. Unless it's a very
strong case in our favor (which it isn't here), that is. And the reason
peeps on YT don't get sued has more to do with companies knowing that it
would cost them time, money and P.R. to sue someone doing a little cover of
their song for free, and that doesn't negatively impact them. It's more to
do with companies not exercising their power to unreasonably sue people for
no reason, and less their not having it. Of course, if LMMS becomes more
popular it will be more likely to come under attack for any possible
trumped up legal discrepancy.
</whine>
On Wed, Jan 22, 2014 at 4:43 PM, Tres Finocchiaro <
[email protected]> wrote:
> @John,
>
> Fair use of DMCA should cover this. This is why people playing Bruno Mars
> songs on YouTube aren't sued. Unless we're selling it, we should be safe.
> Please chime in if you know otherwise.
>
> -Tres
>
>
>
> - [email protected]
>
>
> On Wed, Jan 22, 2014 at 5:33 PM, John Serafino <[email protected]> wrote:
>
>> Of course, you would also need permission from Republic Records to
>> publish a work derived from copyrighted material they own the rights to.
>>
>>
>> On Wed, Jan 22, 2014 at 4:02 PM, Tres Finocchiaro <
>> [email protected]> wrote:
>>
>>> Can we roll out the next version of LMMS with this as a new sample track?
>>>
>>> (minus the vocals of course)
>>>
>>> https://soundcloud.com/raptor980music/fireflies-prog-report
>>>
>>> Of course we'd need permission from Raptor980, Red Ambassador, Second
>>> Flight.
>>>
>>> I think it's quite inspirational for newcommers to LMMS to see such a
>>> proper reproduction done, similar to how Aaliyah's track shipping with
>>> FL Studio was back in the
>>> day<https://www.youtube.com/watch?feature=player_detailpage&v=0DHJYKALf78#t=205>
>>> .
>>>
>>> Thoughts welcome.
>>>
>>> -Tres
>>>
>>> - [email protected]
>>>
>>>
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>>
>>
>> --
>> Johnny
>>
>
>
--
Johnny
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