Hi there,

well, the ringtone example is clearly an extreme one. I don't think
the current discussion on the future of copyright is going to lead to
this kind of solution. I'd say this is going to go under either Fair
Use or some sort of free speech/journalism subclause.

But using a copyrighted tune as a musical background should not be
free. Is you need music, make it yourself - or better still, pay your
local band to record something for you. They sure as hell need it.

And here's the beauty of it all: music - musicians - may stand to
benefit from the DRM revolution. If all popular music is so expensive,
you might be more ready to help scraggy guitar strummers (or keyboard
pounders) make a living.

Best regards,

> Message: 3
>    Date: Sun, 16 Oct 2005 20:44:26 -0000
>    From: "Gena" <[EMAIL PROTECTED]>
> Subject: Re: Dont Record Music in the Background
> I refuse to obey this. It is wrong, wrong, wrong! I will not stop
> recording nor will I strip out audio because of a copyrighted song or
> ringtone plays in the background.
> I live in California. Do you know how many dang blasted ringtones I
> hear (against my will) in a day? Each and every time one rings
> somebody is getting paid.
> I do not charge money nor do I make any profit from my blog. I have no
> intention of doing so. I firmly believe in artists being compensated
> for their work. I do respect copyright. I have music that I would love
> to use.
> I have Sly and the Family Stone's "Stand" (40+ years old and still
> grooving) just begging to be used in a video. But I can't use it. I
> can't begin to pay for just 20 seconds of it.
> Is this what the recording industry wants? Only they can dictate what
> and where music can be used? And there must be a dollar sign attached?
> I will not comply with a foolish law. You cannot strip away music from
> real life. You cannot charge people for being surrounded in music. I
> have a right to access my musical heritage. This will go a long way to
> stop passing music from one generation to the next.
> We are getting closer to the time of "...This is the day that the
> music died."
> Somebody start the bail fund.
> Gena
> http://outonthestoop.blogspot.com
> **********************
> --- In videoblogging@yahoogroups.com, andrew michael baron
> <[EMAIL PROTECTED]> wrote:
> >
> > Excellent article in NYTimes about legal suits for filming the
> > environment around you:
> > http://tinyurl.com/89of6
> >
> > Jonathan Caouette may have originally shot "Tarnation" for as little
> > as $218, but once the film won distribution, clearance costs ran
> > roughly $230,000.
> >
> >
> > Michael Vaccaro, a fourth grader, had just left P.S. 112 in Brooklyn
> > and was headed home with his mother. Two filmmakers were in front of
> > him, their camera capturing his every movement on video, when his
> > mother's cellphone rang.
> >
> > "It was such an indicator of today's culture," said Amy Sewell, a
> > producer of "Mad Hot Ballroom," the documentary that follows New York
> > City children as they learn ballroom dancing and prepare for a
> > citywide contest. "Michael's mom had just asked him how school was,
> > her cellphone rings, she answers it, and the look on his face says,
> > 'I don't get to tell my mom about my day.' "
> >
> > In addition, the ringtone was "Gonna Fly Now," the theme from
> > "Rocky," and the neighborhood was Bensonhurst. "How perfect was
> > that?" Ms. Sewell said.
> >
> > Perfect, but a problem. Had the ringtone been a common telephone
> > ring, the scene could have dropped into the final edit without a
> > hitch, the moment providing a quick bit of emotional texture to the
> > film. But EMI Music Publishing, which owns the rights to "Gonna Fly
> > Now," was asking the first-time producer for $10,000 to use those six
> > seconds.
> >
> > etc. . .
> >

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