Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-11 Thread andrew michael baron
People have mostly gotten to the point on this thread already with  
regards to what is socially acceptable under different scenarios,  
though I'm pretty sure that no matter the who, what, where, when, or  
why, no matter what is fair use or no, no if's and's or but's, one of  
the general laws of the internet is that you are allowed to link to  
anywhere.

If the recipient of a link does not wish to support your use, it's  
the responsibility of that person to make their content private. If  
you post a file up on the internet, there is nothing you can do about  
someone who links to your file, from what I understand.

Thus, even if it's not socially acceptable, or undesirable, you can  
not get in trouble for hotlinking to someone else's video on the  
internet.  Even if the video is illegally put onto the web, the  
guilty party is the host or person who put the video there, not the  
person who links to the video.

On Apr 10, 2006, at 7:11 PM, Andreas Haugstrup wrote:

 On Mon, 10 Apr 2006 20:17:19 +0200, Charles Iliya Krempeaux
 [EMAIL PROTECTED] wrote:

 My question is Is it Fair Use to link directly to a vlog's video?

 You're asking the wrong questions. There are two questions that  
 should be
 asked instead:

   a) Is it legal to link directly to a vlog's video?
   b) Is it good practice to link directly to a vlog's video?

 And as all hard questions the answer to both is: It depends. b)  
 depends on
 the social context and community opinion. I can't comment too much  
 about
 that, but I do think many people accept direct links to a video as  
 long as
 there is also a clear link to the vlog entry's permalink (where  
 people can
 do comment, etc.).

 As for the legality...:

 And more importantly, if it isn't Fair Use, should it be?  And an  
 equally
 important question, if it is Fair Use, should it not be?

 Generally speaking the video is online so it is fair game to link to.
 That's how the web works. Personally I prefer links to vlog entry
 permalinks because that's how blogs work. Sadly the world doesn't  
 revolve
 around me.

 There are general copyright and misappropriation laws you have to  
 follow.
 I can't list them all, and as always I strongly recommend going out  
 and
 buying a text book on mass media law (I've read Pember, Don Mass  
 Media
 Law which covers all applicable laws. Get any post-DMCA edition  
 used).
 Anyone publishing media should make themselves familiar with the laws.

 Two things you cannot do:

   a) You cannot present someone else's work as your own. So be  
 careful if
 you embed someone else's video directly on one of your pages. You  
 need to
 make it very clear that this work is not made by you (giving credit  
 and
 linking earns you brownie points).
   b) You cannot use another name or likeness for commercial  
 purposes (ie.
 to sell crap) without their permission. American Apparel cannot use
 Ryanne's video about them (URL:
 http://ryanedit.blogspot.com/2006/03/american-apparel-rock-on.html  
 ) in a
 commercial without her permission, not even if Ryanne allowed  
 commercial
 use in her CC license.

 IANAL, blabla.

 -- 
 Andreas Haugstrup Pedersen
 URL: http://www.solitude.dk/ 
 Commentary on media, communication, culture and technology.



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[videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Charles Iliya Krempeaux



Hello,My question is Is it Fair Use to link directly to a vlog's video?(People would probably call this hot linking.)NOTE: I'm NOT talking about re-hosting or transcoding. This would be getting the video straight from the vloggers site.
And more importantly, if it isn't Fair Use, should it be? And an equally important question, if it is Fair Use, should it not be?Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...
Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)Is it OK to use the HTML embed or object elements to link directly to the video? This would essentially be playing video on inside of someone else's page.
Should the hotlinker add any extra data along with the hotlinking? (Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?How does all this relate to semantic HTML usage?
How does all this relate to SMIL usage?See ya-- 
Charles Iliya Krempeaux, B.Sc.charles @ 
reptile.casupercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Michael Sullivan



depends on the license of the video.On 4/10/06, Charles Iliya Krempeaux [EMAIL PROTECTED] wrote:



Hello,My question is Is it Fair Use to link directly to a vlog's video?(People would probably call this hot linking.)NOTE: I'm NOT talking about re-hosting or transcoding. This would be getting the video straight from the vloggers site.
And more importantly, if it isn't Fair Use, should it be? And an equally important question, if it is Fair Use, should it not be?Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...
Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)Is it OK to use the HTML embed or object elements to link directly to the video? This would essentially be playing video on inside of someone else's page.
Should the hotlinker add any extra data along with the hotlinking? (Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?
How does all this relate to semantic HTML usage?
How does all this relate to SMIL usage?See ya-- 

Charles Iliya Krempeaux, B.Sc.charles @ 

reptile.casupercanadian @ 
gmail.com
developer weblog: 
http://ChangeLog.ca/
___

Make Televisionhttp://maketelevision.com/



  




  
  
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RE: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Monique Danielle






"My question is Is it Fair Use to link 
directly to a vlog's video?"
On VlogChallenge we link directly to folks 
moves, BUT they add their links so they have OK'd it. I don't agree with 
hotlinking in general, so I would say, no it is not fair UNLESS you give full 
and proper credit to the vlogger (site, name, link to homepage, etc), then I 
would think that most folks would be fine with it. Just my humble 
opinion
 Monique Danielle 
http://www.vlogchallenge.com - This Week's Challenge: 
Resurrection http://www.vlogdiva.com - This 
Weeks Video: Networking 
Tips




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Devlon



Personally, If a video is hosted by a service...like blip.tv, or whatever, I link to the video or use whatever embedded player might exist. If it is hosted by an individual, we typically post a thumbnail with a link to the siteI think :)
On 4/10/06, Monique Danielle [EMAIL PROTECTED] wrote:








My question is Is it Fair Use to link 
directly to a vlog's video?
On VlogChallenge we link directly to folks 
moves, BUT they add their links so they have OK'd it. I don't agree with 
hotlinking in general, so I would say, no it is not fair UNLESS you give full 
and proper credit to the vlogger (site, name, link to homepage, etc), then I 
would think that most folks would be fine with it. Just my humble 
opinion
 Monique Danielle 
http://www.vlogchallenge.com - This Week's Challenge: 
Resurrection http://www.vlogdiva.com - This 
Weeks Video: Networking 
Tips




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Anne Walk



hi Charles,i think we had this discussion just a short while ago and it seems to be a sensitive issue. i've been contending with it myself over at loadedpun.com. basically, i try to show the video in as unaltered a state as i can.
what i tend to do is this:if the video is creative commons copyrighted and hosted on the archive, i link directly to the video on the image of the video and link to the vlog page it came from just below the image. i also try to link to the vlog as a whole and/or the vloggers main blog or site when i write about them. i give attribution for the peice (it's title, creator, vlog name) under the image and in the accompanying text 
post.i try to talk about the site as a whole and encourage people to go and check out their other stuff and comment.if the video is creative commons copyrighted and hosted on the vloggers' own server, i link the image to the vlog post the video can be found in. i still give text attributions and links as well. 
if the video carries a traditional copyright, i link to the person's vlog and i also try to write to them to ask permission to review it (i'm not always this careful though. too hasty. i must slow down!) during videoblogging week, i showed one video from each day picked randomly from the pack. this required me to go quickly and i wasn't able to contact first in order to show them on the same day. i hope no one is offended by this.
i have no idea what the official way to link is and i don't think anyone has a definite answer for it. i don't think about it in terms of fair use so much as i think about how i would like my stuff treated.
one really interesting thing that happened during the whole veoh debacle that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are hot linked. that's not good, i think. i am rethinking how i do it now. my concern has always been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!
On 4/10/06, Charles Iliya Krempeaux [EMAIL PROTECTED] wrote:



Hello,My question is Is it Fair Use to link directly to a vlog's video?(People would probably call this hot linking.)NOTE: I'm NOT talking about re-hosting or transcoding. This would be getting the video straight from the vloggers site.
And more importantly, if it isn't Fair Use, should it be? And an equally important question, if it is Fair Use, should it not be?Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...
Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)Is it OK to use the HTML embed or object elements to link directly to the video? This would essentially be playing video on inside of someone else's page.
Should the hotlinker add any extra data along with the hotlinking? (Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?
How does all this relate to semantic HTML usage?
How does all this relate to SMIL usage?See ya-- 

Charles Iliya Krempeaux, B.Sc.charles @ 

reptile.casupercanadian @ 
gmail.com
developer weblog: 
http://ChangeLog.ca/
___

Make Televisionhttp://maketelevision.com/



  




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Devlon



On 4/10/06, Anne Walk [EMAIL PROTECTED] wrote:



hi Charles,snip 
one really interesting thing that happened during the whole veoh debacle that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are hot linked. that's not good, i think. i am rethinking how i do it now. my concern has always been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!
I think the main problem is that when media is embedded (please correct
me if I am wrong) it is picked up in the feed as an enclosure...I guess
a thumbnail would be safe.Not sure that your plugin does Enric? Does the media file have an enclosure tag?
On 4/10/06, Charles Iliya Krempeaux 
[EMAIL PROTECTED] wrote:




Hello,My question is Is it Fair Use to link directly to a vlog's video?(People would probably call this hot linking.)NOTE: I'm NOT talking about re-hosting or transcoding. This would be getting the video straight from the vloggers site.
And more importantly, if it isn't Fair Use, should it be? And an equally important question, if it is Fair Use, should it not be?Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...
Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)
Is it OK to use the HTML embed or object elements to link directly to the video? This would essentially be playing video on inside of someone else's page.
Should the hotlinker add any extra data along with the hotlinking? (Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?
How does all this relate to semantic HTML usage?
How does all this relate to SMIL usage?See ya-- 


Charles Iliya Krempeaux, B.Sc.charles @ 


reptile.casupercanadian @ 

gmail.com
developer weblog: 

http://ChangeLog.ca/
___


Make Televisionhttp://maketelevision.com/



  




  
  
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  Visit your group videoblogging on the web.


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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Charles Iliya Krempeaux



Hello,On 4/10/06, Monique Danielle [EMAIL PROTECTED] wrote:








My question is Is it Fair Use to link 
directly to a vlog's video?
On VlogChallenge we link directly to folks 
moves, BUT they add their links so they have OK'd it. I don't agree with 
hotlinking in general, so I would say, no it is not fair UNLESS you give full 
and proper credit to the vlogger (site, name, link to homepage, etc), then I 
would think that most folks would be fine with it. Just my humble 
opinion(Just to word it another way) so then the rule would beIF you give proper credit, THEN it is OK to hotlink.And if that is the case, it would be important to define what proper credit is. You mentioned: listing the site's URL, listing the site's name, linking to the site. I'd also say that you'd want to list to the show's URLs, list the show's name, and link to the show. (What I'm saying is that to also give info to the actual page of the post... and not just the main page of the site.)
Anyone else have some comments on this?See ya-- 
Charles Iliya Krempeaux, B.Sc.charles @ 
reptile.casupercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Michael Sullivan



hmmm, maybe we should have a rel=no_enclosure too ;-)On 4/10/06, Devlon [EMAIL PROTECTED] wrote:



On 4/10/06, Anne Walk [EMAIL PROTECTED] wrote:




hi Charles,snip 

one really interesting thing that happened during the whole veoh debacle that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are hot linked. that's not good, i think. i am rethinking how i do it now. my concern has always been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!
I think the main problem is that when media is embedded (please correct
me if I am wrong) it is picked up in the feed as an enclosure...I guess
a thumbnail would be safe.Not sure that your plugin does Enric? Does the media file have an enclosure tag?

On 4/10/06, Charles Iliya Krempeaux 

[EMAIL PROTECTED] wrote:





Hello,My question is Is it Fair Use to link directly to a vlog's video?(People would probably call this hot linking.)NOTE: I'm NOT talking about re-hosting or transcoding. This would be getting the video straight from the vloggers site.
And more importantly, if it isn't Fair Use, should it be? And an equally important question, if it is Fair Use, should it not be?Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...
Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)

Is it OK to use the HTML embed or object elements to link directly to the video? This would essentially be playing video on inside of someone else's page.
Should the hotlinker add any extra data along with the hotlinking? (Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?
How does all this relate to semantic HTML usage?
How does all this relate to SMIL usage?See ya-- 



Charles Iliya Krempeaux, B.Sc.charles @ 



reptile.casupercanadian @ 


gmail.com
developer weblog: 


http://ChangeLog.ca/
___



Make Televisionhttp://maketelevision.com/



  




  
  
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 on the web.


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.



  








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http://loadedpun.com






  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Charles Iliya Krempeaux



Hello Anne,On 4/10/06, Anne Walk [EMAIL PROTECTED] wrote:



hi Charles,i think we had this discussion just a short while ago and it seems to be a sensitive issue.It was actually that discussion that spurred this question. I am trying to look at this from the opposite angle.
Given that we think re-hosting is bad, what are the alternatives?The 2 alternatives are: not linking and hotlinking.I don't think not linking is a solution on the Web since that is what the Web is all about. (If you don't want people to link to you, then get off the web. Use some other technology. It seems that simple to me.)
So then the question becomes what kind of linking is OK?And that's what I'm hoping to get out of this thread.
i've been contending with it myself over at loadedpun.com. basically, i try to show the video in as unaltered a state as i can.
what i tend to do is this:if the video is creative commons copyrighted and hosted on the archive, i link directly to the video on the image of the video and link to the vlog page it came from just below the image. i also try to link to the vlog as a whole and/or the vloggers main blog or site when i write about them. i give attribution for the peice (it's title, creator, vlog name) under the image and in the accompanying text 
post.i try to talk about the site as a whole and encourage people to go and check out their other stuff and comment.if the video is creative commons copyrighted and hosted on the vloggers' own server, i link the image to the vlog post the video can be found in. i still give text attributions and links as well. 
if the video carries a traditional copyright, i link to the person's vlog and i also try to write to them to ask permission to review it (i'm not always this careful though. too hasty. i must slow down!) during videoblogging week, i showed one video from each day picked randomly from the pack. this required me to go quickly and i wasn't able to contact first in order to show them on the same day. i hope no one is offended by this.
i have no idea what the official way to link is and i don't think anyone has a definite answer for it. i don't think about it in terms of fair use so much as i think about how i would like my stuff treated.
It would be nice if we had some kind of way for vloggers to specify their wishes in a machine-readable way. (So that they can say something like... hotlink to me such and such a way.) That way the whole process could be automated.
Semantic HTML could be used for this. (Anyone interested in contributing to this?)
one really interesting thing that happened during the whole veoh debacle that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are hot linked. that's not good, i think. i am rethinking how i do it now. my concern has always been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!
So what we need is a way, in the feeds, to say that the owner/creator/author of the feed is NOT the owner/creator/author of the video that the enclosure points to. (And we need feed readers to understand this.)
In RSS, I think that using the author element under the item element (that also contains the enclosure element) should do this.Although some people don't like the standard RSS author element since it makes you also specify an e-mail address. Which makes people worry about spam. So, instead of this element some people use various RSS extensions to specify the author. Like the Dublin Core dc:creator element or the Atom atom:author element; which don't make you specify the e-mail address. (This risk in using either one of these though is that software that only understands RSS might not understand these. Although, both of these is so common that you'd hope their both supported.)
In Atom just use the atom:author element.See ya
On 4/10/06, Charles Iliya Krempeaux 
[EMAIL PROTECTED] wrote:




Hello,My question is Is it Fair Use to link directly to a vlog's video?(People would probably call this hot linking.)NOTE: I'm NOT talking about re-hosting or transcoding. This would be getting the video straight from the vloggers site.
And more importantly, if it isn't Fair Use, should it be? And an equally important question, if it is Fair Use, should it not be?Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...
Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)
Is it OK to use the HTML embed or object elements to link directly to the video? This would essentially be playing video on inside of someone else's page.
Should the hotlinker add any extra data along with the hotlinking? (Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?
How does all this relate to semantic HTML usage?
How 

Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Charles Iliya Krempeaux



Hello Michael,I think you are on the right track. What you're alluding to is using Semantic HTML.(Some of you may have heard the term Micformat before. A Microformat is basically just Semantic HTML with a Specification.)
Although, just to nit-pick :-) ... It should be class=no_enclosure (instead of rel=no_enclosure) if you're putting this on an object or embed element. (I won't bore you with the details of why unless you ask to hear it.)
Semantic HTML has the advantage that this is machine readable. That way the whole process can be automated. (And not just by your vlogging software, but by many many other kinds of software too. Which produces all sorts of social implications. Which are hopefully good.)
See yaOn 4/10/06, Michael Sullivan [EMAIL PROTECTED] wrote:



hmmm, maybe we should have a rel=no_enclosure too ;-)On 4/10/06, 
Devlon [EMAIL PROTECTED] wrote:



On 4/10/06, Anne Walk [EMAIL PROTECTED] wrote:




hi Charles,snip 


one really interesting thing that happened during the whole veoh debacle that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are hot linked. that's not good, i think. i am rethinking how i do it now. my concern has always been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!
I think the main problem is that when media is embedded (please correct
me if I am wrong) it is picked up in the feed as an enclosure...I guess
a thumbnail would be safe.Not sure that your plugin does Enric? Does the media file have an enclosure tag?

On 4/10/06, Charles Iliya Krempeaux 


[EMAIL PROTECTED] wrote:






Hello,My question is Is it Fair Use to link directly to a vlog's video?(People would probably call this hot linking.)NOTE: I'm NOT talking about re-hosting or transcoding. This would be getting the video straight from the vloggers site.
And more importantly, if it isn't Fair Use, should it be? And an equally important question, if it is Fair Use, should it not be?Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...
Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)


Is it OK to use the HTML embed or object elements to link directly to the video? This would essentially be playing video on inside of someone else's page.
Should the hotlinker add any extra data along with the hotlinking? (Like the title, description, a linkback, etc)
How does all this relate to (RSS and Atom) feeds?
How does all this relate to semantic HTML usage?
How does all this relate to SMIL usage?
[...]-- Charles Iliya Krempeaux, 
B.Sc.charles @ reptile.ca
supercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
___Make Television
http://maketelevision.com/



  




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread David Meade



Well I think its important to remember the difference between an individual who is linking in order to 'revlog' somehting he enjoied and a comercial site linking so as to gain traffic / members.But as an individual ... sure I think it's ok so long as you obey the copyright.
When I revlog here's how I do it:With permission, I I provide a thumbnailed link to the videoI plaster information about the origional post/site all over my post,I encourage users to visit the origional source and comment there.
I disable comments on my post (so as to further encource discussion of this video to happen at the producers site)I have been including them in my feeds. I guess I considered this as something the origional poster would want. However usually the origional posters url and stuff is in the actual video itself.
I haven't embeded any 'revlogs' as I felt that discourages the vistors from going to visit the origional content. But I wouldn't be too upset if someone embeded my video elsewhere (linking to my media permalink) so long as they provided attribution.
Most of us are getting free or next to free hosting ... so if the hot-linking is done in a good faith mannor and attribution is given, I think it's ok. Of course it never hurts and always a good idea to let the person know you'd like to link to a video of theirs ... they'll often give you the ok.
- Dave-- http://www.DavidMeade.comfeed:http://www.DavidMeade.com/feed


  




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Devlon
On 4/10/06, Charles Iliya Krempeaux [EMAIL PROTECTED] wrote:
  Hello Michael,


 Although, just to nit-pick :-)  ... It should be class=no_enclosure
 (instead of rel=no_enclosure) if you're putting this on an object or
 embed element.  (I won't bore you with the details of why unless you ask
 to hear it.)

Ok, how about rel=don't violate my f'in license? :)


 Semantic HTML has the advantage that this is machine readable.  That way the
 whole process can be automated.  (And not just by your vlogging software,
 but by many many other kinds of software too.  Which produces all sorts of
 social implications.  Which are hopefully good.)

You can speciffy your cc license on the feed, which is how this stuff
is being distributed...done.  Machine readable and in the source that
is being used to get the data.

Maybe Josh Kinberg, or someone else in the RSS know a bit more than
myself can provide the details.  I just know that feedburner does this
for our feed...yup, one of the same ones that Veoh was
coughblatantly/cough ignoring.



 See ya


 On 4/10/06, Michael Sullivan [EMAIL PROTECTED] wrote:
 

  hmmm,  maybe we should have a rel=no_enclosure too ;-)




 On 4/10/06, Devlon [EMAIL PROTECTED] wrote:
 
  On 4/10/06, Anne Walk [EMAIL PROTECTED] wrote:
 
  
   hi Charles,
 
 
  snip
 
 
 
  
   one really interesting thing that happened during the whole veoh debacle
 that i hadn't considered and am considering now is that media feeds might
 pick up the vids and attribute them to me if they are hot linked. that's
 not good, i think. i am rethinking how i do it now. my concern has always
 been that an extra step to view the video will prevent many readers/viewers
 from watching the videos, which would be a shame. there is so much excellent
 content out there!
 
 
 
  I think the main problem is that when media is embedded (please correct me
 if I am wrong) it is picked up in the feed as an enclosure...I guess a
 thumbnail would be safe.
 
  Not sure that your plugin does Enric?  Does the media file have an
 enclosure tag?
 
 
 
  
  
   On 4/10/06, Charles Iliya Krempeaux  [EMAIL PROTECTED] wrote:
  
   
Hello,
   
My question is Is it Fair Use to link directly to a vlog's video?
   
(People would probably call this hot linking.)
   
NOTE: I'm NOT talking about re-hosting or transcoding.  This would be
 getting the video straight from the vloggers site.
   
And more importantly, if it isn't Fair Use, should it be?  And an
 equally important question, if it is Fair Use, should it not be?
   
Also (assuming you think it is OK to hot link to videos), what would
 be the best ways to do it?...
   
   
   
Is it OK to use the HTML a element to link directly to the video?
 (Either llinking in text or a thumbnail or a flipbook of the video?)
   
Is it OK to use the HTML embed or object elements to link directly
 to the video?  This would essentially be playing video on inside of someone
 else's page.
Should the hotlinker add any extra data along with the hotlinking?
  (Like the title, description, a linkback, etc)
How does all this relate to (RSS and Atom) feeds?
How does all this relate to semantic HTML usage?
How does all this relate to SMIL usage?
   
  
 

 [...]



 --
 Charles Iliya Krempeaux, B.Sc.

 charles @ reptile.ca
 supercanadian @ gmail.com

  developer weblog: http://ChangeLog.ca/
 ___
  Make Television
 http://maketelevision.com/



  
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--
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http://loadedpun.com | http://mefeedia.com
http://8bitme.blogspot.com | http://devlonduthie.com


 
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread David Meade



Yeah the creative commons license can be inserted into the feed at both the channel and the item level.creativeCommons:license
http://creativecommons.org/licenses/by-nc-sa/2.5//creativeCommons:license(namespace:
 
http://backend.userland.com/creativeCommonsRssModule)On 4/10/06, Devlon [EMAIL PROTECTED]
 wrote:On 4/10/06, Charles Iliya Krempeaux 
[EMAIL PROTECTED] wrote:Hello Michael, Although, just to nit-pick :-)... It should be class=no_enclosure (instead of rel=no_enclosure) if you're putting this on an object or
 embed element.(I won't bore you with the details of why unless you ask to hear it.)Ok, how about rel=don't violate my f'in license? :) Semantic HTML has the advantage that this is machine readable.That way the
 whole process can be automated.(And not just by your vlogging software, but by many many other kinds of software too.Which produces all sorts of social implications.Which are hopefully good.)
You can speciffy your cc license on the feed, which is how this stuffis being distributed...done.Machine readable and in the source thatis being used to get the data.Maybe Josh Kinberg, or someone else in the RSS know a bit more than
myself can provide the details.I just know that feedburner does thisfor our feed...yup, one of the same ones that Veoh wascoughblatantly/cough ignoring. See ya
 On 4/10/06, Michael Sullivan [EMAIL PROTECTED] wrote: hmmm,maybe we should have a rel=no_enclosure too ;-)
 On 4/10/06, Devlon [EMAIL PROTECTED] wrote:   On 4/10/06, Anne Walk [EMAIL PROTECTED]
 wrote:  hi Charles,snipone really interesting thing that happened during the whole veoh debacle
 that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are hot linked. that's not good, i think. i am rethinking how i do it now. my concern has always
 been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!  
   I think the main problem is that when media is embedded (please correct me if I am wrong) it is picked up in the feed as an enclosure...I guess a thumbnail would be safe. 
  Not sure that your plugin does Enric?Does the media file have an enclosure tag?  On 4/10/06, Charles Iliya Krempeaux  
[EMAIL PROTECTED] wrote: Hello,   My question is Is it Fair Use to link directly to a vlog's video?
   (People would probably call this hot linking.)   NOTE: I'm NOT talking about re-hosting or transcoding.This would be
 getting the video straight from the vloggers site.   And more importantly, if it isn't Fair Use, should it be?And an equally important question, if it is Fair Use, should it not be?
   Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...  
   Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)   
Is it OK to use the HTML embed or object elements to link directly to the video?This would essentially be playing video on inside of someone else's page.Should the hotlinker add any extra data along with the hotlinking?
(Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?How does all this relate to semantic HTML usage?How does all this relate to SMIL usage?
   [...] -- Charles Iliya Krempeaux, B.Sc. charles @ reptile.ca
 supercanadian @ gmail.comdeveloper weblog: http://ChangeLog.ca/ ___
Make Television http://maketelevision.com/YAHOO! GROUPS LINKSVisit your group videoblogging on the web.
To unsubscribe from this group, send an email to:[EMAIL PROTECTED]Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
--~Devlonhttp://loadedpun.com | http://mefeedia.com
http://8bitme.blogspot.com | http://devlonduthie.comYahoo! Groups Links* To visit your group on the web, go to:
http://groups.yahoo.com/group/videoblogging/* To unsubscribe from this group, send an email to:[EMAIL PROTECTED]
* Your use of Yahoo! Groups is subject to:http://docs.yahoo.com/info/terms/-- 
http://www.DavidMeade.comfeed:http://www.DavidMeade.com/feed


  




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Charles Iliya Krempeaux



Hello,On 4/10/06, David Meade [EMAIL PROTECTED] wrote:



Well I think its important to remember the difference between an individual who is linking in order to 'revlog' somehting he enjoied and a comercial site linking so as to gain traffic / members.But as an individual ... sure I think it's ok so long as you obey the copyright.
When I revlog here's how I do it:With permission, I I provide a thumbnailed link to the videoI plaster information about the origional post/site all over my post,I encourage users to visit the origional source and comment there.
I disable comments on my post (so as to further encource discussion of this video to happen at the producers site)Hmmm... that's a really interesting point that I didn't consider. (Sending comments to the original page.)
One thing to add to this, I know that both RSS and Atom have ways of specifying where set get and add comments. So it would be nice if that could be set in the feeds too. (Of course, it would be nice if the software we use/make had a way of automating this. Perhaps with some Semantic HTML... like rel-comments perhaps.)
I have been including them in my feeds. I guess I considered this as something the origional poster would want. However usually the origional posters url and stuff is in the actual video itself.
I haven't embeded any 'revlogs' as I felt that discourages the vistors from going to visit the origional content. But I wouldn't be too upset if someone embeded my video elsewhere (linking to my media permalink) so long as they provided attribution.
Most of us are getting free or next to free hosting ... so if the hot-linking is done in a good faith mannor and attribution is given, I think it's ok. Of course it never hurts and always a good idea to let the person know you'd like to link to a video of theirs ... they'll often give you the ok.
Although asking is always nice I think it's important, especially on the web, to have automated ways of doing all this. (Like the way Creative Commons automates things.) Or else, it's just not scalable for example, how would you possibly be able to respond to 1000's of people asking for permission per day. (Especially is there is NO profit involved.)
[...]See ya-- Charles Iliya Krempeaux, 
B.Sc.charles @ reptile.ca
supercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
___Make Television
http://maketelevision.com/



  




  
  
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  Visit your group "videoblogging" on the web.
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Charles Iliya Krempeaux



Hello,On 4/10/06, Devlon [EMAIL PROTECTED] wrote:
On 4/10/06, Charles Iliya Krempeaux [EMAIL PROTECTED] wrote:Hello Michael, Although, just to nit-pick :-)... It should be class=no_enclosure
 (instead of rel=no_enclosure) if you're putting this on an object or embed element.(I won't bore you with the details of why unless you ask to hear it.)
Ok, how about rel=don't violate my f'in license? :)LOL :-D
 Semantic HTML has the advantage that this is machine readable.That way the whole process can be automated.(And not just by your vlogging software, but by many many other kinds of software too.Which produces all sorts of
 social implications.Which are hopefully good.)You can speciffy your cc license on the feed, which is how this stuffis being distributed...done.Machine readable and in the source that
is being used to get the data.Maybe Josh Kinberg, or someone else in the RSS know a bit more thanmyself can provide the details.I just know that feedburner does thisfor our feed...yup, one of the same ones that Veoh was
coughblatantly/cough ignoring.I'm actually in the RSS know.The problem is that, from a specification point of view, the licensing in plain old RSS (without any extensions) is NOT meant to be machine readable. (Note, what I'm talking about here is the RSS copyright element.)
And a valid RSS reader does NOT have to do anything based on that -- does NOT have to do anything baswd on what's in the contents of the RSS copyright element. (And a valid RSS reader also does NOT have to understand or do anything based on any RSS extensions that may make this licensing information machine readable.)
If you really want to get licensing information or permissions, restrictions, and requirements tied into there, then you really need to make a new technology... possibly via an RSS extension... that replaces enclosure but ties in the concept of permissions, restrictions, and requirements.
See ya See ya On 4/10/06, Michael Sullivan 
[EMAIL PROTECTED] wrote: hmmm,maybe we should have a rel=no_enclosure too ;-) On 4/10/06, Devlon 
[EMAIL PROTECTED] wrote:   On 4/10/06, Anne Walk [EMAIL PROTECTED] wrote: 
 hi Charles,snipone really interesting thing that happened during the whole veoh debacle
 that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are hot linked. that's not good, i think. i am rethinking how i do it now. my concern has always
 been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!  
   I think the main problem is that when media is embedded (please correct me if I am wrong) it is picked up in the feed as an enclosure...I guess a thumbnail would be safe. 
  Not sure that your plugin does Enric?Does the media file have an enclosure tag?  On 4/10/06, Charles Iliya Krempeaux  
[EMAIL PROTECTED] wrote: Hello,   My question is Is it Fair Use to link directly to a vlog's video?
   (People would probably call this hot linking.)   NOTE: I'm NOT talking about re-hosting or transcoding.This would be
 getting the video straight from the vloggers site.   And more importantly, if it isn't Fair Use, should it be?And an equally important question, if it is Fair Use, should it not be?
   Also (assuming you think it is OK to hot link to videos), what would be the best ways to do it?...  
   Is it OK to use the HTML a element to link directly to the video? (Either llinking in text or a thumbnail or a flipbook of the video?)   
Is it OK to use the HTML embed or object elements to link directly to the video?This would essentially be playing video on inside of someone else's page.Should the hotlinker add any extra data along with the hotlinking?
(Like the title, description, a linkback, etc)How does all this relate to (RSS and Atom) feeds?How does all this relate to semantic HTML usage?How does all this relate to SMIL usage?
[...]-- Charles Iliya Krempeaux, 
B.Sc.charles @ reptile.ca
supercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
___Make Television
http://maketelevision.com/



  




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread David Meade



On 4/10/06, Charles Iliya Krempeaux [EMAIL PROTECTED] wrote:



Although asking is always nice I think it's important, especially on the web, to have automated ways of doing all this. (Like the way Creative Commons automates things.) Or else, it's just not scalable for example, how would you possibly be able to respond to 1000's of people asking for permission per day. (Especially is there is NO profit involved.)
Is there some reason creative commons isn't sufficient? The cc verbage says  you are free to copy, distribute, display, and perform the work so long as 
distribute/display/perform seems to cover posting a link to the item.My thinking is that my cc license has already granted everyone the right to link to my videos (provided the provide attribution).
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread David Meade



On 4/10/06, Charles Iliya Krempeaux [EMAIL PROTECTED] wrote:
The problem is that, from a specification point of view, the licensing in plain old RSS (without any extensions) is NOT meant to be machine readable. (Note, what I'm talking about here is the RSS copyright element.)
And a valid RSS reader does NOT have to do anything based on that -- does NOT have to do anything baswd on what's in the contents of the RSS copyright element. (And a valid RSS reader also does NOT have to understand or do anything based on any RSS extensions that may make this licensing information machine readable.)
If you really want to get licensing information or permissions, restrictions, and requirements tied into there, then you really need to make a new technology... possibly via an RSS extension... that replaces enclosure but ties in the concept of permissions, restrictions, and requirements.
Well there already is a creative commons extension to RSS which I think most people are using. It sounds like what you're talking about is getting all the aggregators to obey ... and that's a whole other thing. Wether its in the cc extension, or in MediaRSS, or in some new revamp of enclosures ... none of those options are going to force web services to obey them any more than any other ...
There's always going to be custom spiders and what not that ignore that data no mater how its encoded into the feed. But from the persepctive of this list, we're not aggregator programers, we're content producers ... it's not incombant on us to make media readers that obey license... its only our job to make sure we have the license information in there.
Seems like we should take advantage of what we have ... the cc extension ... thats why RSS is so great it can be extended.- Dave-- http://www.DavidMeade.com
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Charles Iliya Krempeaux



Hello David,On 4/10/06, David Meade [EMAIL PROTECTED] wrote:



On 4/10/06, Charles Iliya Krempeaux 
[EMAIL PROTECTED] wrote:




Although asking is always nice I think it's important, especially on the web, to have automated ways of doing all this. (Like the way Creative Commons automates things.) Or else, it's just not scalable for example, how would you possibly be able to respond to 1000's of people asking for permission per day. (Especially is there is NO profit involved.)
Is there some reason creative commons isn't sufficient? The cc verbage says  you are free to copy, distribute, display, and perform the work so long as 
distribute/display/perform seems to cover posting a link to the item.My thinking is that my cc license has already granted everyone the right to link to my videos (provided the provide attribution).
This was more for cases where a CC license isn't available, but you want to know that kind of permissions, requirements, and restrictions you have.
And one could always express the CC licenses in such a language of permissions, requirements, and restrictions.[...]See ya
-- Charles Iliya Krempeaux, B.Sc.
charles @ reptile.casupercanadian @ 
gmail.comdeveloper weblog: 
http://ChangeLog.ca/___
Make Televisionhttp://maketelevision.com/



  




  
  
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Re: [videoblogging] Is it Fair Use to link directly to a vlog's video?

2006-04-10 Thread Andreas Haugstrup
On Mon, 10 Apr 2006 20:17:19 +0200, Charles Iliya Krempeaux  
[EMAIL PROTECTED] wrote:

 My question is Is it Fair Use to link directly to a vlog's video?

You're asking the wrong questions. There are two questions that should be  
asked instead:

  a) Is it legal to link directly to a vlog's video?
  b) Is it good practice to link directly to a vlog's video?

And as all hard questions the answer to both is: It depends. b) depends on  
the social context and community opinion. I can't comment too much about  
that, but I do think many people accept direct links to a video as long as  
there is also a clear link to the vlog entry's permalink (where people can  
do comment, etc.).

As for the legality...:

 And more importantly, if it isn't Fair Use, should it be?  And an equally
 important question, if it is Fair Use, should it not be?

Generally speaking the video is online so it is fair game to link to.  
That's how the web works. Personally I prefer links to vlog entry  
permalinks because that's how blogs work. Sadly the world doesn't revolve  
around me.

There are general copyright and misappropriation laws you have to follow.  
I can't list them all, and as always I strongly recommend going out and  
buying a text book on mass media law (I've read Pember, Don Mass Media  
Law which covers all applicable laws. Get any post-DMCA edition used).  
Anyone publishing media should make themselves familiar with the laws.

Two things you cannot do:

  a) You cannot present someone else's work as your own. So be careful if  
you embed someone else's video directly on one of your pages. You need to  
make it very clear that this work is not made by you (giving credit and  
linking earns you brownie points).
  b) You cannot use another name or likeness for commercial purposes (ie.  
to sell crap) without their permission. American Apparel cannot use  
Ryanne's video about them (URL:  
http://ryanedit.blogspot.com/2006/03/american-apparel-rock-on.html ) in a  
commercial without her permission, not even if Ryanne allowed commercial  
use in her CC license.

IANAL, blabla.

-- 
Andreas Haugstrup Pedersen
URL: http://www.solitude.dk/ 
Commentary on media, communication, culture and technology.


 
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