I find it interesting that videobloggers are categorized under the same rules as filmmakers and not artists when it comes to copyright enforcement. how does one tell the difference when it comes to videoblogs?
One thing that may present a problem is when a videographer uses a song, for example, as a soundtrack and it is not a critique of any kind and does not add to the video's narrative but serves only as musical accompaniment. That doesn't constitute fair use. That just constitutes use.
I have seen videos that have used "illegal" content (images, audio) that I would fight to protect from being shut down because the content serves an important function within the context of the video's narrative.
It's a murky issue.
On 3/18/06, andrew michael baron <[EMAIL PROTECTED]> wrote:
Beyond Fair Use:
I have an unpostulated hypothesis if there is such a concept that the
use of copyrighted music in online videos by personal publishers
tends to restrict interest in the content at hand and ultimately
slows any natural distribution that might otherwise occur.
When I see a great video created by someone with copyrighted music, I
usually become disappointed that the video has that flaw. I think it
a flaw. At least its a controversy, likely unrelated to the content
at hand and thus distracting. The flaw is not attached to the
content. If the music were properly licensed or used legally, the
flaw would be gone.
Some people's flaws are other people's perfections, sometimes, though
with regard to the blatant use of copyrighted material, beyond fair
use, there is a problem circling around that content and so, I guess
feeling-wise, I just can't ever be with complete comfort about it, no
matter how great some content might otherwise be.
On Mar 18, 2006, at 2:18 PM, jonny goldstein wrote:
>
>
> I think it is complete b.s. that people can't legally remix the
> culture around them without the kind of friction the current system
> presents.
> .
> I encourage everyone to get political about this. We are an interest
> group. I don't know if we should band together to create a lobby, or
> support existing organizations like the Electronic Frontier
> Foundation, but let's do our bit to influence the debate on this
> stuff.
>
> If you haven't already, I recommend checking out "Free Culture" by
> Laurence Lessig from your local library to get a snapshot of where the
> legal system is today regarding I.P., how it got there, and how it
> could be changed for the better.
>
> Then JD's book, "Darknet" gives a glimpse of what is actually
> happening as people use technology to share and remix despite the
> legal maneuvers of the big media lobbies. Also available from your
> local library.
>
> Time to change the system.
>
>
>
>
>
>
>
> --- In videoblogging@yahoogroups.com, "Joshua Kinberg" <[EMAIL PROTECTED]>
> wrote:
>>
>> Paul,
>>
>> You're not a bad person and you're probably right that you will
> likely never
>> receive a take-down notice or any nasty notes from Lawyers. But, if
> you ever
>> wanted to do more with your work, you probably would have to clear
>> the
>> rights for the soundtracks. I'm not saying its right or wrong, but
> that's
>> the current status of things. I've worked in TV stations, and its
>> very
>> typical that we had to reject certain works that we would have loved
> to pick
>> up for distribution due to issues like this. There are whole
>> industries
>> built around the clearances of rights, and believe me they don't
> take these
>> things lightly.
>>
>> It may all be off the radar now and for a long time to come.
> Obviously its
>> impossible to track down everything that exists onine. But, if you're
>> dealing with distributors who need to care about these things (and
> someone's
>> job is probably devoted to it), then it really does become an issue.
>>
>> -Josh
>>
>>
>> On 3/18/06, Paul Knight <[EMAIL PROTECTED]> wrote:
>>>
>>> I think this comment is besides the point, I am not a broadcaster,
> I don't
>>> have a radio station, I am simply a man who makes videos as a
> hobby and puts
>>> the occasional mainstream track on my videos for all, well lets
> face it a
>>> selective audience of ten's around the world. I don't advertise,
> the free
>>> video hosting sites don't really, I have had my videos on some
> occasions put
>>> on the Featured Video on Dailymotion, but doing this only
> generates 1000
>>> views, from this site.
>>> I will stick with my original plan, I will keep the video on the
>>> free
>>> video hosting sites until I am asked to take it down from a
>>> source of
>>> copyright law, either the MPAA or the RIAA or the European or
>>> British
>>> versions thereof. Then and Only Then my argument will be resolved.
>>>
>>> I await with humor.
>>>
>>> Paul Knight
>>>
>>>
>>> On 18 Mar 2006, at 15:44, David Howell wrote:
>>>
>>> If anyone thinks "oh they wont come after me", think again. My
>>> internet radio station had a relatively small listener base. The
>>> station didnt make any money at all. No advertising. No donations.
>>> Nothing. The majority of the music played was indie music. On
>>> occasion, a DJ would mix it up and throw in a more popular tune.
>>>
>>> First, the RIAA threatened me. Then, they came after me.
>>>
>>> The end result? I dont run an internet radio station anymore.
>>>
>>> David
>>> http://www.davidhowellstudios.com
>>>
>>> --- In videoblogging@yahoogroups.com, Markus Sandy <markus@> wrote:
>>>>
>>>> "wow" is right (the last audible statement in the recording)
>>>>
>>>> <sarcasm>
>>>> i love how MPAA's notion of "education" is taking the old "scared
>>>> straight" approach
>>>> </sarcasm>
>>>>
>>>> it appears that their idea of education is more like what most
>>>> folks
>>>> call a threat
>>>>
>>>> mainly they tell stories about the different ways they can litigate
>>> your
>>>> butt
>>>>
>>>>
>>>> thanks for the url steve
>>>>
>>>>
>>>>
>>>>
>>>> Steve Garfield wrote:
>>>>
>>>>> If you are interested, listen to the panel at SXSWi.
>>>>>
>>>>> The Future of Darknets: Can Hollywood See the Light? - Monday,
> March 13
>>>>>
>>>>> http://server1.sxsw.com/2006/coverage/
>>>>> SXSW06.INT.20060313.FutureOfDarknets.mp3
>>>>> or
>>>>> http://tinyurl.com/oqsqg
>>>>>
>>>>> Darknet pioneers and representatives from the movie and music
>>>>> industries square off over the new realities of digital
> distribution
>>>>> over private spaces online.
>>>>>
>>>>> Kori Bernards, VP Corp Comm, Motion Picture Association of
> America Inc
>>>>> Heather Champ Community Mgr, Flickr
>>>>> Mark Ishikawa, BayTSP
>>>>> Dave Toole, CEO, Outhink
>>>>> JD Lasica, Exec Dir, Ourmedia
>>>>> Ian Clarke, Coord, Freenet Project Inc
>>>>>
>>>>>
>>>>> On Mar 18, 2006, at 6:40 AM, Paul Knight wrote:
>>>>>
>>>>>
>>>>>
>>>>>> I doubt whether, the RIAA or MPAA is watching any of our videos,
>>>>>> because as a community we are still pretty small.
>>>>>>
>>>>>>
>>>>>
>>>>> --Steve
>>>>>
>>>>>
>>>>
>>>>
>>>> --
>>>>
>>>> markus sandy
>>>>
>>>> http://apperceptions.org
>>>> http://digitaldojo.blogspot.com
>>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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