On Wed, 18 Jan 2006 20:38:08 +0100, Ms. Kitka <[EMAIL PROTECTED]> wrote:
>> Does Rocketboom have the rights to use a clip from this? Wouldn't >> they need the approval of both Kevin Smith and Quentin Tarantino? > > I'm no lawyer, but if you're providing free advertising for something > I don't believe you'll get into any trouble unless you are: > > a) using the copyrighted material to make fun of it; Parody is actually one of the few things you can go far with. > b) using the copyrighted material to promote something the artist may > be against (eg. pornography, politics, etc.); Irrelevant. What matters is whether you're using copyrighted material or your own material. It does not matter what causes you may or may not be promoting. > c) making money from using their copyrighted material. Making money makes it worse. Making no money does not mean what you're doing is legal. Fair Use rights have been discussed on this list more than once. Myths keep appearing, even new ones. "Free advertising" is one of these myths. I keep recommending that videobloggers educate themselves. It's all fun and games until you get a cease and desist letter. Buy a college text book on mass media laws and read it. I've read Dom Pember "Mass Media Law" and I recommend it because it covers all applicable laws, not just copyright (privacy, libel, trademark etc.). > I don't know about Rocketboom, but when I used copyrighted music on my > last show, I made a direct link to the Amazon page where you can > purchase the CD. Since they get free advertising as well as a link to > sell more albums, I doubt that they will ever complain. Just because they haven't found out about your use doesn't make it legal use. > The good thing about doing this is that you can sign up with Amazon > Associates and if anyone buys the product you can make 5% of the > profits. (My theory should work, but I haven't made a cent yet...) Even worse. As you mentioned above making money on copyright infringement is never a good idea. > In any case, the Clerks 2 web site is set up as a videoblog, so why > would Rocketboom get into any trouble... it seems to me that Kevin > Smith just wanted to generate buzz (and that's exactly what Rocketboom > contributed to). We don't know what Kevin Smith intended. As long as he hasn't given explicit permission you can't do anything apart from Fair Use. Period. With that said I believe rocketboom's use does fall under Fair Use. IANAL and all that. - Andreas -- <URL: http://www.solitude.dk/ > Commentary on media, communication, culture and technology. Yahoo! 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/
