around the 5/9/05 Randolfe Wicker mentioned about Re: [videoblogging] 
Various types of permission forms that:
>Actually a lot of vloggers use music they don't have a license for 
>in their vlogs.  The fact is that no one bothers "suing them" 
>because their using the music has virtually no real impact.
>

this is nonsense. I can't say that strongly enough. Get slashdotted 
and your music will matter. Get shown via *any* commercial media and 
your music will matter. People once said this about anything on the 
web, it is not the case now. Just because big media haven't caught 
on, doesn't mean that when they do, they won't play serious catch up.

>Yes, vlogging could be considered to be one step up from home 
>movies.  With vlogging you can share what might otherwise be home 
>movies with friends, even the whole world if the whole world was 
>interested enough to drop by and watch them.

absolutely not. a home movie is played to your immediate 
family/friends in home. It is not broadcast/distributed. A blog is a 
publication.

In video sales if you buy a home VHS tape and show it to a school 
group, you've broken the law. The home VHS is for home use only. The 
copy you buy for schools is for showing to a group and (usually) 
costs approx. 10 x the domestic cost. Such things exist and are 
standard practice. that this might be breached every now and then, 
just like photocopying a whole book because you can't get your own 
copy, doesn't make it legal. Minor moments don't matter, when it 
becomes a standard practice, it does.

>
>Technically, you might be right insofar as "legalities" are 
>concerned.  However, like those labels that they used to have on 
>cigarette packages which said it was illegal "not" to break them, a 
>lot of laws are really ignored.

which is what napster thought. Which is what lots of low budget film 
makers thought until their film can't be legally shown anywhere. 
There *are* stories of people who have film screened, only to receive 
letter from legal firm requesting tens of thousands of dollars since 
that is how much the rights to the lyrics/music costs.

I really think videobloggers are naive if they think these rules 
don't apply to them. Without clearance your material cannot be shown 
in awards/festivals and cannot be broadcast. Basically you don't want 
to be the person that is the first one pursued for this, because the 
industry will not play nicely.
-- 
cheers
Adrian Miles

hypertext.RMIT
<URL:http://hypertext.rmit.edu.au/vlog>


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