Adrian says: "*You* cannot decide to give away someone else's
'property' for free, that's what copyright says"
 
I'm not a lawyer.  If you are "giving away another person's 'property' for free", wouldn't they have to show some injury to collect monetary damages?  I don't doubt that they could get some sort of restraining order or "stop and desist order" if they wanted to go to the legal trouble to do so.
 
But if a vlogger is simply using their song as background music for personal reminisces he sharing with others via the Internet, how could anyone determine the "money due" for such use after the fact?

--

----- Original Message -----
Sent: Wednesday, September 07, 2005 1:21 AM
Subject: Re: [videoblogging] Various types of permission forms

around the 6/9/05 Randolfe Wicker mentioned about Re: [videoblogging]
Various types of permission forms that:
>In the documentary, the filmmaker uses tapes of conversations
>regarding negotiation and a series of photos he snapped on outings
>with the fellow who would never sign a release.  This was good
>enough to get accepted and played in film festivals.  However, I am
>assured by people working on a documentary on a related theme that
>"Based on a True Story" would never pass muster for commercial
>broadcast by a cable or television station or even for general
>theatrical release.

releases are quite a separate legal issue from copyright which is
what I was referring to. Use CD x. it has already been published, it
already has copyright. That is quite different from whether person X
has signed a release to be filmed, or not (this is not big news in
documentary, did Bert Reynolds have to sign a release for Sherman's
March, I doubt it - here it crosses strongly into aspects of
journalistic practice).

Also it makes no difference if you think your blog is 'commercial' or
not. "commercial' is not a criteria applied in copyright protection,
it is about authorised republication. The law doesn't care if you did
it for free, or not. *You* cannot decide to give away someone else's
'property' for free, that's what copyright says.
--
cheers
Adrian Miles

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


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