I happen to believe that it's technically wrong to use others work
without permission. But then again on the great grand list of things
that one can do wrong that's somewhere near the bottom. White lies are
technically wrong too. Obviously there is some risk in getting a nasty
letter or even a law suit from doing it. I just think it should be up
to the creator of the video in question just how much risk they are
willing to take on. If someone wants to use someone else's music it's
between the videomaker and the entity that owns the rights to the music. 

What I would encourage those of you to do who want to use music with
permission is to forge relationships with local musicians and just ask
if you can use their music. Most of the time they will say yeah.
That's all need to do, is ask permission. You don't need written
contracts, all you need is a verbal "YES." Especially if you are just
unknowns and friends just trying to help each other out. Besides this
is a powerful medium, why not use it to promote some people in your
local area that deserve to get some exposure? That's basically what my
vlog is all about, so I'm sorta in this mindset already. 

And while you're out making friends with other people who are into
other kinds of creative endeavors you can help spread the word about
Creative Commons. 

Bill Streeter
LO-FI SAINT LOUIS
www.lofistl.com

--- In videoblogging@yahoogroups.com, Pete Prodoehl <[EMAIL PROTECTED]> wrote:
>
> Kitka wrote:
> > Thanks Paul, I agree with you too.  In the media world, there IS such
> > a thing as a "cease and desist".  I was talking with someone from the
> > CBC the other day (more about this subject at a later date) and he
> > told me about how someone was compiling a Top 100 songs list for a
> > major network.... he said that they got a cease and desist order from
> > Leonard Cohen (or some boring musician like that) and they couldn't
> > use him in the FLATTERING Top 100 show they were making.
> 
> Makes perfect sense to me. If Leonard Cohen wants to control how his 
> work is used, he should have that choice. Whether the show was 
> flattering or critical doesn't matter. Others may see this differently, 
> but it's ultimately about artists being able to control how their work 
> is used.
> 
> > Similarly, videobloggers aren't going to instantly get sued for using
> > copywritten music/content... they will get a cease and desist order
> > and if they do not comply, they will then be fined or get a court
order.
> 
> I think it is incorrect to say 'copywritten' as a work you create has 
> your copyright assigned to it. How you choose that work to be used is 
> different from this. The music I can get from Magnatune still has a 
> copyright held by the artist, but the *license* allows me to use it in 
> certain ways.
> 
> > That said, stop worrying so much about it.  As long as we all know the
> > consequences, we can remove certain files from the Internet if they
> > are problematic.  I mean, it's not like you can just call up U2 and
> > ask if you can use their music!
> 
> Well, some of us are big believers in things like Creative Commons, 
> which allow an artist to easily specify how their work can be used. U2 
> is a lost cause, they don't even have the rights to their music. (Look 
> up Negativland for more on that one!) The hope is that from this point 
> on, artists will realize they *can* have control of their art, and how 
> it is used, and in 10 years, or 20, or whatever, the world of "what you 
> can legally/safely use" is quite different. It's already happening, but 
> we can help make it happen.
> 
> > Personally, I wouldn't use copyrighted material if I were making money
> > off of it, but if it's all in good fun, I think it's fair to use it. 
> > (I don't see many people complaining about the use of the Brokeback
> > Mountain song with all the homages like "Brokeback to the Future",
etc.!)
> 
> Again, it *is* ok to use "copyrighted" material, as long as you have
the 
> rights to do so. Getting those right can sometimes prove difficult.
(See 
> above.) Of course there is the issue of "what is commercial" as well. 
> Are you making money from ads on your site? Affiliate programs? PayPal 
> donation links? Who decides what "making money" consists of? (The
courts?)
> 
> As for complaining about people using the music from Brokeback mountain 
> without permission (unless it's "fair use" ala parody, etc.)  just
point 
> me at them, and I'll complain! ;)
> 
> The reason I think all of this stuff is important is that I want to see 
> videoblogging grow and grow, and pretty much explode, and I want to see 
> it done without violating the rights of artists. I want to see it done 
> in a way that steps around all that is wrong with the RIAA and MPAA and 
> those that would see us crushed beneath their wheels
> 
> (Whew, rant mode off...)
> 
> 
> Pete
> 
> -- 
> http://tinkernet.org/
> videoblog for the future...
>






 
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