Why does my footage look like this?

metro2307 said:
Chapel is wrong about all copying, but he is dead on in this particular case. To be fair, I don't think he considering other uses such as education, criticism and the like.
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Where did I say ALL copying???

Also, correct me if I'm wrong -- and I'm sure somebody will :) -- but I believe for a work to be protected under 'fair use', ALL of the criteria must be met, not just one.
 
sboltonjr said:
I guess if I ask if this guy has a right to be a lamer , then that make it ok for me to ask that , as much as him asking if you have rights for the music . Don't worry about it though, some regular can ask all they want, and you can just refuse to answer all you want as well.

So bozobigsky , get a day job .
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He certainly can refuse to answer. But the question was legitimate. This is a filmmaking site. Copyright issues are a BIG part of the business.

And there's no need to be rude.
 
chapelgrovefilms said:
Where did I say ALL copying???

Also, correct me if I'm wrong -- and I'm sure somebody will :) -- but I believe for a work to be protected under 'fair use', ALL of the criteria must be met, not just one.
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Sorry, Chapel. You didn't say all copying. I should have been more careful.
 
Seriously, someone should close this thread.

A guy used a song in an online video he didn't have rights for...Oh my. Go take a 30 seconds on youtube and you will find millions upon millions of people who have done the same thing. I have discovered a number of bands I would have never heard of otherwise because of this, and I have since BOUGHT their album or sometimes entire discography.

If you want use my creative works to help your project out, be my guest, sure I would like some credit for it (which even the crummiest of youtube vids usually do), but money is not everyone's only concern.

So chill out.
 
zergtherobot said:
Seriously, someone should close this thread.

A guy used a song in an online video he didn't have rights for...Oh my. Go take a 30 seconds on youtube and you will find millions upon millions of people who have done the same thing. I have discovered a number of bands I would have never heard of otherwise because of this, and I have since BOUGHT their album or sometimes entire discography.

If you want use my creative works to help your project out, be my guest, sure I would like some credit for it (which even the crummiest of youtube vids usually do), but money is not everyone's only concern.

So chill out.
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Adam...so, why is it that every time someone starts a post about shutting down this thread they start a new paragraph giving their opinion on the subject? C'mon...it's at least a little ironic... :beer:
 
but I believe for a work to be protected under 'fair use', ALL of the criteria must be met, not just one - chapelgrove
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No Chapelgrove, NOT ALL of the criteria has to be meet, look at the Mattel v. MCA, 296 F.3d 894 case :)

The factors in the Fair Use Doctrine were codified as guidelines in 17 U.S.C. § 107, they were not rendered exclusive. The section was intended by Congress to restate, not to replace. In fact, Courts are still entitled to consider other factors as well.

Peace.
 
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Why should the thread be closed? It's a legitimate discussion of legal issues involved in the filmmaking business. Maybe it should be moved to the "Business and Post Production" area, though.
 
If this thread bores you dory_breaux there's over 10,000 other threads in this forum that should keep your boat afloat. :)

Happy searching!
 
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At least edit the thread title to

"Why does my footage look like (I don't have rights to the music I used ) this?"


:)
 
badjuju said:
At least edit the thread title to

"Why does my footage look like (I don't have rights to the music I used ) this?"

:)
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I think a better title would be "Why does my footage look like this (for all those asking about music rights - read up on the Fair Use Doctorine).

Whew that's a loooongggg title. :shocked:
 
manymoosh said:
I think a better title would be "Why does my footage look like this (for all those asking about music rights - read up on the Fair Use Doctorine).

Whew that's a loooongggg title. :shocked:
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Yeah, it's a long title alright -- but it's good advice. Everyone SHOULD study the fair use guidelines. And when I say 'study', I don't mean 'read the opinions of people on public forums'. I mean go to authoritative sources for expert information. And it wouldn't hurt to consult an actual qualified legal professional if you find yourself needing to be sure you're protected.
 
chapelgrovefilms said:
The use of copyrighted music and video in works put out on the Internet is a huge problem, growing bigger by the day. Sooner or later, someone is going to have to drop a very big hammer.
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Pardon my naivete, but wouldn't that hammer fall on video sharing sites like Youtube and Vimeo? They are providing an outlet for videos that violate copyrights.
 
Billz said:
Pardon my naivete, but wouldn't that hammer fall on video sharing sites like Youtube and Vimeo? They are providing an outlet for videos that violate copyrights.
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They certainly are the 'deep pockets', but who will they turn around and sue? And the video producer is still open to liability -- both he and YouTube/Vimeo could be sued. The added element is the person who did the copying is also opening himself up to federal charges that include a very stiff fine and a possible prison sentence.
 
chapelgrovefilms said:
But they would, indeed, draw the line at you freely distributing copies of their shows on the Internet, or anywhere else, whether you profit from it or not.
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Not totally true. Some do allow it. Comedy Central doesn't, but Fox News does. You can see John Stewart on the O'reilly show but not vice-versa nor can you see O'reilly on Cobert because Comedy Central complained. CBS allows it and has their own YouTube Channel. NBC also allows it for some shows. I'm a Catherin Tate fan because of clips I've seen on YouTube, but I don't live in England and even with her being on Dr. Who I wouldn't have known who she was. I'm actually a fan of several BBC shows because of their YouTube clips.

NBC doesn't really like their shows on YouTube but allows it for some shows. (Dateline NBC's to catch Predatory shows are all over YouTube). NBC has a site where people come to see shows (with ads), but wasn't it the internet (Youtube mainly) that made Andy Sandberg the name he is today and breath life back into the show? The irony is it wasn't NBCs website.

CBS has a whole YouTube channel and shows tons of clips from shows and allows uploading sometimes of whole episodes. It's a smart move. I understand all of this as a copyright holder myself but at the same time most of this is done by teens who don't know the difference. They're not killing anyone and they don't see the problem.

Rick Rollin' made Rick Ashley famous again and no one asked him did he want to be used in an internet prank. I'm just saying as a copyright holder myself, some things just aren't even worth the concern. I don't want people stealing from me but if someone did this type of thing to me I wouldn't lose my mind about it. And the musicians and record company won't lose their mind over this and if they do it's a sad world. It's a boy in a boat. Unless they really have it in for boys in boats it's no big deal and the cops probably wouldn't stop eating a doughnut to arrest someone for this.

And another thing. How many people here get permits to shoot every shoot? You're supposed to and it's the law. I've never gotten a permit. Cops have stopped me to check on what we were doing, once they found out they stayed around for awhile then left once they got bored. Yes I should get permits but the way the law is written if I'm not causing a problem or blocking the streets it's not a big deal. But if ONE person complaints, we could be shut down. The response from the cops is normally "you can shoot over there but this is private property". Or (when I played a cop and used the police station) "You can shoot outside just don't film inside." NO ONE has EVER asked me for a permit. What I'm saying is, sometimes it's just not worth the effort.

-Nate
 
Wow all this hostility! I think everyone here know when it is appropriate to get permission to use material....I took communications law, and essentially, as long as you don't distribute or make money off it, and if it is used for educational purpose (like a school project) it's ok. Any further than that, and I would get the artist's permission just to cover my a$$. I think if you are doing something like that purely as a creative outlet, its not infringing on the artist's rights.....You also have to remember though to give the artist the proper credit so you're not acting like the song/footage is yours. That's why those types of things are allowed on youtube and myspace, because they always have the artist credited.
I think most artists would prefer the free advertising! I know when I produce my video's, I will encourage people to make copies and distribute them to all their friends....I consider it free advertising. Of course I intend to get artist and copyright owner permission for all music on my video, as I will copyright all my footage that I film. If someone used my footage in their video, I would ask for $$$ or sue their ass. (Especially if they did not credit my footage.) I intend to superimpose a symbol on all my published/distributed footage so it would be easily identified in someone else's video. I feel that it goes both ways....You have to respect other people's property if you expect them to respect yours!
 
Just chiming in on the music rights issue.

Authors own the exclusive rights to their compositions. This is called a copyright, and the composition is protected for many years--even if the copyright is never registered with the copyright office. A composition is considered to be "intellectual property" The copyright may be sold, transferred, or inherited--but the copyright still endures. If any music or lyrics are still under copyright protection
  • you CANNOT reproduce the music or lyrics
  • you CANNOT distribute the music or lyrics either for free, for no profit, or for profit
  • you CANNOT perform the music or lyrics in public
  • you CANNOT play a recording of the music or lyrics in public--even if you own the CD
  • you CANNOT make a derivative work or arrangement for public use in any form
Legally a copyright means that a musician, author, or artist has a "limited duration monopoly" on anything he creates. The US Constitution grants the government power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." (Article 1 Section 8, US Constitution). To legally enforce an author's claim to his copyright, his work must be registered with the copyright office. Registering a composition provides public notification of copyright, and you cannot use the composition publicly unless you pay royalties--which can be substantial. If you use a song under copyright without the owner's permission, you are subject to legal repercussions.
 
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