Thanks for the additional information, Dennis. I am sure you are right. I did want to point out, though, that at least with music, this often happens, making it really hard to know what is being done legally and what isn’t. It would be really nice if these arrangements were made more explicit for the viewer. mb
Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Dennis Doros Sent: Tuesday, August 18, 2015 3:48 PM To: Video Library questions <videolib@lists.berkeley.edu> Subject: Re: [Videolib] Copyright question: American Playhouse Films I'm sorry Michael, but many YouTube videos with ads on it can often be another form of copyright theft. There are many "companies" that scan YouTube for popular sites and if these videos are not officially claimed by ID, they claim ownership and have the ad money go to them. Here are some articles: http://www.wired.com/2011/11/youtube-filter-profiting/ http://damnlag.com/threads/watch-out-for-copyright-scams.33337/ And I can promise this is happening because our Milestone trailer with Martin Scorsese talking about Polish Cinema was scammed twice by individuals and the youtube started having ads appear. We also have this done to some of our trailers. It takes a while to get these rights back to our own videos. Unless you see something like PBS.ORG<http://PBS.ORG>, WGBH, WNET, KCET, SCETV (the people behind American Playhouse) or the original producer as the official owner of the site, then it's not legal. And here's another clue -- almost all of the American Playhouse films were done with SAG and other union approvals and you would have to work out clearances for all the performances, music, etc. Electronic distribution (streaming, downloading) didn't exist then so the owners of the copyright would definitely have to have these cleared again. It's not that easy or cheap. So if the clearances were done for any of the films, you would bet your ass they would be on Netflix, DVD or Blu-ray -- not free Youtube. (Yes, I looked into the rights for a couple of these.) Best regards, Dennis Doros Milestone Film & Video PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com<mailto:milefi...@gmail.com> Visit our main website! www.milestonefilms.com<http://www.milestonefilms.com/> Visit our new websites! www.mspresents.com<http://www.mspresents.com>, www.portraitofjason.com<http://www.portraitofjason.com>, www.shirleyclarkefilms.com<http://www.shirleyclarkefilms.com/>, To see or download our 2014 Video Catalog, click here<https://cdn.shopify.com/s/files/1/0150/7896/files/2015MilestoneVideoCatalog.pdf?2223081985127089573>! Support "Milestone Film" on Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter<https://twitter.com/#!/MilestoneFilms>! On Tue, Aug 18, 2015 at 6:09 PM, Brewer, Michael M - (brewerm) <brew...@email.arizona.edu<mailto:brew...@email.arizona.edu>> wrote: While I am sure there is a lot on Youtube that is posted without copyright permission, they also seem to do a lot of licensing behind the scenes with copyright holders, so it isn’t always clear what is legal and what is not. Much of the music that is posted by individuals (not artists) is still preceded by advertising. This leads me to believe that Youtube has made a deal with the copyright holders for at least some of the content in the video to keep it up if they give them a cut of the profit. This Rolling Stone article describes how that works: http://www.rollingstone.com/music/news/seven-ways-musicians-make-money-off-youtube-20130919 “YouTube isn't Napster -- if somebody owns the copyright to a song within a video, and demands that the service take it down, it comes down. But first, YouTube offers a different approach: "Content ID." That means if your wacky wedding video is set to Chris Brown's "Forever," Brown and his record label can agree to cover the thing with ads and take a cut of the royalties. This happened with Baauer's "Harlem Shake" when it broke in February, with 400 million overall cover versions generating cash for the dance-music DJ's indie label Mad Decent Records (and, presumably, Baauer himself).” I don’t know if this is the case with Raisin in the Sun or not, but at least one of the videos I clicked on was preceded by an ad. This makes me think that it may be and that having students watch it would actually send money to the copyright owners through Youtube. mb Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>] On Behalf Of Bergman, Barbara J Sent: Tuesday, August 18, 2015 2:07 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] Copyright question: American Playhouse Films Hi Lowell, You're mixing a bunch of different things here. 1. Is it legally posted on YouTube by the copyright holder? I'm guessing no, and therefore should not be recommended to the faculty member. 2. Public performance rights are for screening outside of a classroom and are irrelevant here. 3. The TEACH Act theoretically helps us decide whether it's okay to make a film available via course management system. It’s not very helpful though, and you’re usually better off going back to Fair Use. Do they want the entire film or just a scene? Is this a face-to-face class where it would simple be more convenient to have film available online? Or a distance ed class? Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota State University, Mankato | 507-389-5945<tel:507-389-5945> | barbara.berg...@mnsu.edu<mailto:barbara.berg...@mnsu.edu> ________________________________ From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> <videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu>> on behalf of Lowell Lybarger <llybar...@atu.edu<mailto:llybar...@atu.edu>> Sent: Tuesday, August 18, 2015 3:40 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: [Videolib] Copyright question: American Playhouse Films My apologies in advance if this topic was already covered at length. We have instructors at my university who would like to have their distance-education students watch the American Playhouse version of A Raisin in the Sun (1989) that is currently available through YouTube. This version was directed by Bill Duke and features Danny Glover and Esther Rolle. Do American Playhouse films require public performance rights? The URL would be posted on a web course through Blackboard. Lowell Lybarger VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
