Brett Gaylor wrote:
> On 2/22/06, Chuck Olsen <[EMAIL PROTECTED]> wrote:
>>
>> It's absolutely a good idea to make your own music, or find/buy
>> royalty-free podsafe music. If you do anything else, you're taking
>> a risk. But also keep in mind, the boundaries of Fair Use have not
>> been fully tested in court. I sometimes choose to take the risk
>> on my non-commercial personal vlog, crediting the artist, rather
>> than inhibit my creativity. No cease-and-desists, so far.
> 

> I'm with Chuck.  I think sometimes the fair use argument needs to be tested
> (although, I'm not sure Zadi's would hold up, at least on the green day side
> of things...the footage yes).

If it's really fair use. I've seen plenty of uses of copyrighted music 
where it does not seem to be for "criticism, comment, news reporting, 
teaching, scholarship, or research" and more for the fact that the 
person creating the video liked the music and thought it complemented 
their visuals.


> And on the other hand, I think we should be using podsafe music as a matter
> of principle as well.  If we want to start sowing the future with work that
> others can freely sample, we have to make completely CC Safe stuff, music
> included.

Agreed. I'm working towards a future where artists can control how their 
work is used, easily and clearly. Today too many artists have no control 
over the things they create.


> Not sure about Deidre's argument - just because you like a song, or its the
> best one for your vlog, doesn't qualify it as fair use.  

Yup, see above. :)


Now, if you want to
> push or argue for some ammendment to the law that makes an exemption for
> personal or non-commercial use, I could get behind that.  The problem there
> is where do you draw the line? Would you want someone using your work in a
> homophobic film, or a KKK video?  My personal feelings tend toward anarchy,
> but I'm not sure you can build a system on that :)

I wouldn't want my work used in a homophobic film or KKK video, but as 
mentioned, if they followed the licensing terms, etc. it's sort of the 
price of freedom. Since my stuff is cc:by-nc-sa they'd have to follow 
the 'by' by mentioning/linking to me, I'd be pretty sure to publish 
something stating my own beliefs on the matter.


Pete

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





 
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