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Yeah, I hate that too.robmyers said:damn, looks like i jumped in on this thread right when it died. fr#$%^&*n' hate that!! it held such promise, too...
David G. Smith said:Popular culture is so prevalant in our society that it is part of society. Of course, the lawyers are not going to let that happen. Sad.
robmyers said:bingo. you don't have to worry about copyrights on the species of trees in the background, OR the font being used on a stop sign OR a type of car that just happens to pass by.
they're just going to stick it to you when they've got you on the hook.
and speaking of hooks. i think it will loosen up in the future - it will ALWAYS be a minefield, mind you, but - it'll be like the music biz now. they can't bust you for using most percussion loops or single note stabs that were taken from a previous work, but they're going to hunt you down the the more your sample is part of the song's main hook.
David G. Smith said:Music companies need to lighten up and look at the use of the music as advertisement for their products. (I know, I'm dreaming).
Joe Kras said:I'm with you, rob and David. I don't have any problem with paying for lifting significant parts of someone else's work to add to my own. Nobody should be able to lift music from a CD and use it as background without paying for it. But nothing is considered "incidental" anymore.
For the last 50 years every company has been pushing their particular logos onto anything and everything (T-shirts, jeans, sides of cars, etc.). Now you also have every music company blasting their tunes into malls, music while holding on the phone, and on cell phones).
Fine. That's part of advertising. But then don't turn around (after you've saturated the public space with your logo and music) and tell me it can't be included in any kind of work I'm doing without paying you for the right.
If I was the emporer of rights management, once you put something in the public space, you couldn't charge if that thing was recaptured (with exceptions for obvious rip offs). Thus there would be somewhat reasonable rules such as:
1) Any music captured that is rebroadcast (such as something playing on the radio or a cell tone ring) could be captured up to about 20 seconds without infringing on the original copyright.
2) Any building visible (and any signage thereon) could be filmed from public property.
3) Any logos showing on any commercially available products (clothing, appliances, food) could be filmed without copyright infringement.
Charging for all of these things borders on criminal, in my world. Because by making it financially impossible for the common man to make a movie documenting a particular place and time, corporations are limiting not only the production of art, but also the cataloging of history.
David G. Smith said:Yeah, I hate that too.
I can understand the concerns for rights holders. I is just that one side of me (I'll admit the idealogical side) thinks that documentary filmmakers are so hamstrung now, that it is effecting the art form. If you are making a verite style doc and one of your subjects happens to watch a clip on TV, or has a copyrighten ring-tone, it is part of the real world you are documenting and should, IMO, be covered under "fair use". Popular culture is so prevalant in our society that it is part of society. Of course, the lawyers are not going to let that happen. Sad.
dustino said:On the other hand, distributors and filmmakers have agreed to pay fees as opposed to risking lawsuits not just because the legal fees incurred immediately from that particular (hypothetical) lawsuit. They are afraid of having law settled definitively AGAINST fair use so that a Supersize Me can never be made again and because the already outrageous prices for content and intellectual property would skyrocket even further.
dustino said:But when I can't afford to use two seconds of a Chase Bank logo plastered on a billboard in my documentary, that's total bullshit and it's ****ing criminal.
GenJerDan said:But someone should let it go to court. The climate these days....who do you think a jury would award? The Big Corporation or the Poor Little Filmmaker being sued because a cell phone rang?
It also doesn't happen.
Can anyone cite me one actual case or one law that says says logos and such are protected in that way?
I see this as a first amendment issue. Basically my speech is limited by my pocketbook in an obvious and dramatic way. Multibillion dollar corporations have the means to plaster their names all over the world - LITERALLY. As a result, I have no access to the world? That's insane. It's a genuine loss of rights - no hyperbole, no bullshit.
wabbit said:If they keep upping the public domain rights, maybe someone can start getting paid everytime someone does a Shakesphere play, movie, or even quote. Imagine the bidding war to get a hold those rights. :grin:
David Jimerson said:OK, folks . . .
Discussing the cans and can'ts is one thing, but let's not go down the politics road. This isn't about conservative vs. liberal or anything of the sort.
David G. Smith said:"It just goes to show ya', it's always something!"- Roseanne Roseannadanna. :grin:
natob2 said:The music business is a high risk venture for every 1 album that makes a profit, 10, 15, 20 or more albums fail. Each with enormous costs for producing, recording and marketing. They rely on this 1 successful album to make up for the many losses. I have read quite a bit about musicians totally getting screwed though by the labels. It's so difficult because making a successful album is hit or miss. Like for moviemaking, there is no scientific formula for success.
I license music from the music business on a regular basis. The fees are enormous. It is not out of the ordinary to pay $100,000 to license a popular music track for a TV commercial. Someone is making very good money (agent, artist, label). From an economic perspective, I am OK with this though. It's like actors in Hollywood. To book an unknown principle SAG actor for a 1 day commercial shoot were talking around $1500. Tell me another business where someone can make $1500 for a days work with basically zero fixed cost (other than professional training, if they have that, of course). That kind of money is pretty much left to doctors and lawyers. Camera operators can go out near that rate, but with a $150k+ investment in gear. A lot of that cost is for gear, not just for the labor. Ok so my point is that I am also happy to pay actors that amount for a day of work because it allows the industry to survive. Actors don't work everyday. If we paid them more typical hourly wages like $20, $40, $60/hr these people couldn't survive as working actors and the industry would collapse. I look at the music industry the same way. I depend on an music industry functioning and making money to help ME do my job. For this I am willing to pay a premium to make an industry economically stable.
I hope this makes sense.