Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-08 Thread Andreas Haugstrup




On Mon, 08 Aug 2005 18:07:20 +0200, Jack Nelson [EMAIL PROTECTED] 
wrote:

 Good Morning to All was written in 1893. In 1935 the Hill sisters sued 
 for copyright (42
 years after the fact and it is not even clear that they wrote the new 
 words to the song
 (Happy Birthday to You). The last Hill sister died in 1946. Whose 
 creativity is being stunted
 when we use this song? Time Warner's? Their creative act seems to be 
 buying something
 already made and cahing in on it (and lobbying to extend the copyright 
 laws so they can
 cash in more). Happy Birthday to You will be covered by copyrigh5t laws 
 until 2030 (unless
 Time Warner/MS/other big uncreative companies can get the copyright laws 
 extended
 again. That's bullshit, and it is not doing anything to help creativity.

You're opposed to the length of the copyright. Pat was opposed to the idea 
of copyright. Vast difference. I can only agree with you that the current 
length of copyright (70 years after author's death) is much too long. I'd 
like to see that changed.

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



  




  
  
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-08 Thread Clint Sharp




Pete Prodoehl wrote:


 What a question! The incentive for truly creative people to create
 things is that they can't *not* create things!

 I create things because I enjoy creating things. It connects me with
 others. I get a good sense of satisfaction from the things I create. I
 can attempt to have control over the creation process. It keeps me sane.

 Why do I write, draw, record audio, and shoot video? The incentive is
 not the almighty dollar, that's for sure... As cliché as the I do it
 for myself thing might sound, it's pretty much true.

 (Also, I think you may be confusing good with popular)

 Pete

 -- 
 http://tinkernet.org/
 videoblog for the future...

Good, then in a world without copyright, what I'll do is I'll just watch 
for what you're creating and as soon as I see something I like, I'll 
call it my own and commercialize it. Work for hire is bad enough, a 
world without copyright is anarchy, and the people who would be getting 
screwed the most would be the ones creating works. What you're missing 
is that copyright is necessary to give people the incentive to keep 
creating, because I guarantee the first time I took what you did and 
made a fortune on it that was rightfully yours, your motivation to be 
creative would certainly be impaired. Ask some people who have had 
famous works taken away from them under work for hire clauses and see 
how they feel about trying to make a living as a creative person.

That's not to say copyright is a perfect system. There are many issues 
with it right now that need to be resolved so that the public's 
freedom's are protected. It's certainly better than the alternative though.

Clint

-- 
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New Media Guy  Technologist
ClintSharp.com  Contact Info: http://clintsharp.com/contact/

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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-08 Thread Pete Prodoehl




Clint Sharp wrote:
 Pete Prodoehl wrote:
 
What a question! The incentive for truly creative people to create
things is that they can't *not* create things!

I create things because I enjoy creating things. It connects me with
others. I get a good sense of satisfaction from the things I create. I
can attempt to have control over the creation process. It keeps me sane.

Why do I write, draw, record audio, and shoot video? The incentive is
not the almighty dollar, that's for sure... As cliché as the I do it
for myself thing might sound, it's pretty much true.

(Also, I think you may be confusing good with popular)

Pete

-- 
http://tinkernet.org/
videoblog for the future...

 
 Good, then in a world without copyright, what I'll do is I'll just watch 
 for what you're creating and as soon as I see something I like, I'll 
 call it my own and commercialize it. Work for hire is bad enough, a 
 world without copyright is anarchy, and the people who would be getting 
 screwed the most would be the ones creating works. What you're missing 
 is that copyright is necessary to give people the incentive to keep 
 creating, because I guarantee the first time I took what you did and 
 made a fortune on it that was rightfully yours, your motivation to be 
 creative would certainly be impaired. Ask some people who have had 
 famous works taken away from them under work for hire clauses and see 
 how they feel about trying to make a living as a creative person.
 
 That's not to say copyright is a perfect system. There are many issues 
 with it right now that need to be resolved so that the public's 
 freedom's are protected. It's certainly better than the alternative though.

Clint, I never said I was against copyright. Isn't the idea of copyright 
to provide rights to the person/organization that creates something?

What I want is *control* over my rights. Currently I believe a Creative 
Commons license provides this. (I hope that's true.)

Also, here is the question I responded to (which was not included in 
your response.)

Andreas Haugstrup wrote:
 
  What's the incentive for creating works if you can't make money the 
one time in your life you create something really good?

My main point was that, I don't it down and think about how I'm going to 
make money before I create something, that is not my primary motivation, 
and I hope it never is. BTW, I think I do make a living as a creative 
person, but maybe our definitions of creative differ quite a bit.

Pete

-- 
http://tinkernet.org/
videoblog for the future...








  
  
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-08 Thread Pat Cook (Jeeper One TV)




At 11:59 AM 8/8/2005, Clint Sharp wrote:
Pete Prodoehl
wrote:

 What a question! The incentive for truly creative people to
create
 things is that they can't *not* create
things!
Exactly Pete. And it the beauty is it *doesn't* have *anything
whatsoever* to do with $$$.
 I create things because
I enjoy creating things. It connects me with
 others. I get a good sense of satisfaction from the things I create.
I
 can attempt to have control over the creation process. It keeps me
sane.

 Why do I write, draw, record audio, and shoot video? The incentive
is
 not the almighty dollar, that's for sure... As cliché as the
I do it
 for myself thing might sound, it's pretty much
true.
Right again Pete. :-)
Why do you think I do my podcast Clint? Because I ENJOY IT.
Why do I write my little online soap opera I have Clint? Because I
ENJOY IT. Why do you think I run a video blog of stupid people
Clint? Because I ENJOY IT  SEE THE HUMOR IN THE STUPIDITY OF
OTHERS (when there is humor to see of course :-) ).
Neither of these things are done for the specific purpose of makin' a
sh*tload of $$$.
 (Also, I think you may
be confusing good with
popular)
Naah Pete. I think he's just confusing doing stuff out of enjoyment
with doing stuff for a living.
Good, then in a world
without copyright, what I'll do is I'll just watch 
for what you're creating and as soon as I see something I like, I'll

call it my own and commercialize it.  Work for hire is bad enough, a

world without copyright is anarchy, and the people who would be getting

screwed the most would be the ones creating works. 

It's a good point to make in the case of the artists vs. the record
labels. But do you honestly believe it would be anarchist if
someone thinks that a simple song such as HAPPY BIRTHDAY should be made
public domain? C'mon Clint..
What you're missing is that
copyright is necessary to give people the incentive to keep 
creating, because I guarantee the first time I took what you did and

made a fortune on it that was rightfully yours, your motivation to be

creative would certainly be impaired.  Ask some people who have had 
famous works taken away from them under work for hire clauses and see

how they feel about trying to make a living as a creative
person.
Only difference is Clint, we're not talking about just any ordinary piece
of work here. We're talking about a song that's just as universal
(if not more so) around the world as Jingle Bells. Big
difference dude.
That's not to say copyright
is a perfect system.
You're right. It's not.
There are many issues with
it right now that need to be resolved so that the public's 
freedom's are protected.  It's certainly better than the alternative
though.
And just what would that be in your mind Clint? Anarchy?
C'mon. You're not giving the American people enough credit.
Sure, a middle ground needs to be reached. But either
way you look at it, the path is just as long and wide.
Just a few things to think about. :-)
Cheers for now everyone :-)
Pat Cook
Denver, Colorado
AS PAT'S WORLD TURNS -

http://aspatsworldturns.blogspot.com/
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-07 Thread Stephanie Bryant




Yes, but if you sing a variant on Happy Birthday-- ANY variant-- in
which you change the lyrics (except for celebrant's name) and/or tune,
then you have a good fight available.

Why? Because Good Morning to You, which is a nearly identical tune
to Happy Birthday, is public domain (it is, in fact, what the Hill
sisters based their version of the song on). It is the same, except
that in Happy Birthday, the first note of each line is two eights
instead of a quarter note (i.e., it is two beats instead of one).

For instance, Happy Birthday to you, you live in a zoo ought to be
defensible in court. After all, it is parody, among other reasons.

But I'm not a lawyer and if you get sued for it, your defense had
better not be But mortaine said it was okay!

Although does anyone want to do a parody-birthday song
collaborative project? THAT would be a fun Videoblogging promo and
would have the added benefit of giving back to the world (people could
email it to their favorite birthday person) and risk us all getting
sued by Time/Warner and getting tons and tons of publicity for
vlogging as a result.

--Stephanie

On 8/6/05, Joshua Kinberg [EMAIL PROTECTED] wrote:
 Here's the story of the happy birthday song:
 http://www.snopes.com/music/songs/birthday.htm

-- 
Stephanie Bryant
[EMAIL PROTECTED]
http://www.mortaine.com



  




  
  
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-07 Thread Andreas Haugstrup




On Mon, 08 Aug 2005 05:01:53 +0200, Pat Cook (Jeeper One TV) 
[EMAIL PROTECTED] wrote:

 Leave it fuckin' AOL to take something like Happy Birthday and
 copyright it for fuckin' profit (Sorry, I don't buy the so-called
 private charity bullshit). :-( :-( :-(

Would you relax. AOL didn't copyright it. Copyright is automatic.

You seem to prefer the opposite system. A system where copyright would be 
lost when a work becomes really popular (e.g. when Happy Birthday becomes 
a cultural icon). That would hurt creativity even more. What's the 
incentive for creating works if you can't make money the one time in your 
life you create something really good?

 This just goes to prove the point I made towards the end of my latest
 podcast (Episode 21 which DOES NOT have any known copyrighted
 material). I said in the podcast that before long companies and/or
 individuals with large sums of $$$ will find a way to copyright every
 word in the English language for some sort of profit, leaving only
 DEAD AIR for the rest of us Average Pats.

I couldn't find this podcast (your blog only goes until #20), but if 
you're including music in your podcast the material is copyrighted (unless 
the composer and the performers have signed the work over to the public 
domain). Creative Commons work is still copyrighted, thank God.

Unless *you* signed the podcast over to the public domain and as far as I 
can tell you haven't, then your podcast itself is copyrighted. By you.

- Andreas
-- 
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Commentary on media, communication, culture and technology.






  
  
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-06 Thread Andreas Haugstrup




On Sat, 06 Aug 2005 14:56:13 +0200, Pete Prodoehl [EMAIL PROTECTED] wrote:

 Have you ever *bought* music, and by bought, I mean bought the full
 rights to any music to do as you please? Most times you are licensing
 it. CD's you buy at the store? You don't own those, you don't have the
 right to do whatever you want with it. You're just paying for the
 rights to do with it what the record companies will allow you to do
 with it.

You're glancing over some important parts of copyrights here.

When you buy a cd at the store you're buying a 'copy' of the work. That 
copy is yours to keep - what you can do with it is not limited by what the 
record companies feel is right. What you can do is limited by copyright 
law. Record companies could of course limit you, but not without having 
you sign a contract along each purchase. You have quite a few rights.

With Freeplay on the other hand you don't buy a 'copy' of the work. You 
buy a license to use this work for a given period of time and for a 
specific purpose. Here you have only the rights granted to you in the 
license agreement.

This is the exact reason I'm still buying physical cd's and not buying 
 from the iTunes Music Store. At the music store I don't buy a copy of the 
songs. I buy a license to listen to them. It's a more liberal license than 
Freeplay, but it's still too restrictive for me. I'm not allowed to sell 
my iTunes bought music like I can sell my used cds for example.

We can take an art poster analogy. When you go to a store to buy an art 
poster you buy a copy of thet work. This is the same as buying a physical 
cd. If it was a licensing deal you would only buy the right to display 
that poster in your home (probably 'for personal use in a non-commercial 
manner'). You couldn't even sell the poster to your buddy for two bucks. 
You'd have to destroy the poster and tell your buddy to go down to the 
store to get his own licensing deal.

Online music businesses need to change before they'll see any of my 
business.

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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-06 Thread Markus Sandy






where does it end? 
will i eventually have to pay every time i remember a song?

generally the only things i have to pay for repeatedly are my mistakes
;-)

hmmm, maybe that means the buying commercial music is a mistake, hmmm

yesterday, I was unpacking some boxes and I ran into a classic CD.
I thought "Hey! I'd like to listen to this." 
Then it hit me: Why bother?
The same amount of time would be better spent finding something new on
the archive.

we are the media

markus

Pete Prodoehl wrote:

  --- In videoblogging@yahoogroups.com, "Pat Cook (Jeeper One TV)"
[EMAIL PROTECTED] wrote:
  
  
I ranted on this on my podcast earlier today (which BTW will NOT have 
the open  close I normally attach to each show) and an idea hit me 
that if they were to charge a ONE-TIME flat fee $5 (or whatever the 
minilum value of a Money Order is nowadays) per track download 
REGARDLESS OF USE, they'd make a fuckin' mint.

I mean, think of it this way, how many times do you have to pay for a 
gallon of milk at the grocery store before they actually consider it 
yours to leave with?  Answer - ONCE - At the checkout counter.  When 
is the next time you pay for milk?  Answer - WHEN YOU GET ANOTHER 
GALLON.  I've NEVER seen ANY business charge me for something more

  
  than once.

But the milk is a physical thing. You consume it, and it's gone. Music
used as branding in a piece of media that can be played over, and
over, and over and seen/heard by millions of people is different than
a gallon of milk a few people will drink.

Have you ever *bought* music, and by bought, I mean bought the full
rights to any music to do as you please? Most times you are licensing
it. CD's you buy at the store? You don't own those, you don't have the
right to do whatever you want with it. You're just paying for the
rights to do with it what the record companies will allow you to do
with it.

You've never paid for anything more than once? What about seeing a
movie in a theater more than once, or a band perform more than once.

I understand your point, but how would you feel if you sold me
unlimited rights to one of your podcasts and I then made millions of
dollars off of it?

Pete















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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-06 Thread duncan speakman




 yesterday, I was unpacking some boxes and I ran into a classic CD.
 I thought Hey! I'd like to listen to this. 
 Then it hit me: Why bother?
 The same amount of time would be better spent finding something new on the
 archive.

then i guess it wasn;t such a classic CD!! 
i know what you're getting at markus, but some stuff deserves repeated
listening/watching,
i've watched some vlogs more than once, and i think some of them have
left such a lasting impression that i hope i will return to them in
the future.
For me, great works in any medium can give you a feeling or an
experience that is completely unique, and that is worth going through
again.
One major risk with the amount (explosion?) of stuff being created at
the moment is that it all becomes too disposable, and we rush on to
the next thing, never giving things enought time to grow on us.. never
letting stuff breathe,

d






  
  
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-06 Thread Michael Sullivan



Lessig recently cited an experiment, i think in Wired mag, on how they
tried to legally publish on the net he and friends singing 'Happy
Birthday' to another friend. Quick conclusion- it cost almost
$1,000 *if* they were granted permission... which they were at first
but then they were denied the license agreement in the end. 

happy birthday fuck you!
sull- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -The hybrid or the meeting of two media is a moment of truth and revelation from which new form is born- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
http://vlogdir.com - The Videoblog Directoryhttp://interdigitate.com - on again off again vlog


  




  
  
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-06 Thread Pat Cook (Jeeper One TV)




Hi everyone:
At 10:42 AM 8/6/2005, you wrote:
Lessig recently cited an
experiment, i think in Wired mag, on how they tried to legally publish on
the net he and friends singing 'Happy Birthday' to another friend.  Quick
conclusion- it cost almost $1,000 *if* they were granted permission...
which they were at first but then they were denied the license agreement
in the end.  
happy birthday fuck you!
Yeah no sh*t. Who in the world has copyright over that
title. :-(
Cheers for now :-)
Pat

  




  
  
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-06 Thread Andreas Haugstrup




On Sun, 07 Aug 2005 04:06:42 +0200, Pat Cook (Jeeper One TV) 
[EMAIL PROTECTED] wrote:

 Yeah no sh*t. Who in the world has copyright over that title. :-(

AOL/Time Warner does:
URL: http://www.snopes.com/music/songs/birthday.htm 

It's big bucks:
According to David Sengstack, president of Summy-Birchard, Happy 
Birthday to You brings in about $2 million in royalties annually, with 
the proceeds split between Summy-Birchard and the Hill Foundation. (Both 
Hill sisters died unmarried and childless, so the Hill Foundation's share 
of the royalties have presumably been going to charity or to nephew 
Archibald Hill ever since Patty Hill passed away in 1946.)

- Andreas
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Re: [videoblogging] Re: Taking my videos down (Freeplay Music discussion)

2005-08-06 Thread Joshua Kinberg




 happy birthday fuck you!
 Yeah no sh*t. Who in the world has copyright over that title. :-(

Here's the story of the happy birthday song:
http://www.snopes.com/music/songs/birthday.htm

Apparently it now brings in about 2 Million in annual royalties which
are split between AOL Time/Warner and a private charity established by
the descendants of the song's creators.

-josh


On 8/6/05, Pat Cook (Jeeper One TV) [EMAIL PROTECTED] wrote:
 Hi everyone:
 
 At 10:42 AM 8/6/2005, you wrote:
 
 Lessig recently cited an experiment, i think in Wired mag, on how they tried
 to legally publish on the net he and friends singing 'Happy Birthday' to
 another friend. Quick conclusion- it cost almost $1,000 *if* they were
 granted permission... which they were at first but then they were denied the
 license agreement in the end. 
 
 happy birthday fuck you!
 Yeah no sh*t. Who in the world has copyright over that title. :-(
 
 Cheers for now :-)
 
 Pat 
 
 
 
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