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Orchid XP v8 <voi### [at] dev null> wrote:
> Warp wrote:
> > When they threaten to sue you, or even send you a payment claim outright,
> > are you going to fight? I don't think so.
> You're only going to fight if you're *really* sure that it _is_ fair use...
Are you going to take the risk? It's always the same: They say "either
you pay us X monetary units now and we forget about it, or if you don't,
we will sue you for X*10 monetary units, your choice". So it's basically
a gamble: If you go to court, you get to pay either 0 or X*10 plus whatever
the court proceedings cost to the loser, or if you don't want to gamble,
you pay X to get out of the situation.
And remember, they have more highly-paid lawyers than a law school makes
in a year. Still willing to gamble?
--
- Warp
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>> Oh don't you start! This dancing lark is surprisingly dangerous. While
>> dancing, I made one lady's arm click in 3 seperate places. But that's
>> nothing; the other day I managed to ELBOW MY PARTNER IN THE ****ING
>> FACE! o_O And on Saturday night, somebody behind my put their stilletto
>> down my ankle...
>
> That is "Good Luck" in Thespian talk. And yes I ken dancing is dangerous.
Heh. Just a pitty that *I* didn't realise the danger sooner, eh? ;-)
--
http://blog.orphi.me.uk/
http://www.zazzle.com/MathematicalOrchid*
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>> You're only going to fight if you're *really* sure that it _is_ fair use...
>
> Are you going to take the risk? It's always the same: They say "either
> you pay us X monetary units now and we forget about it, or if you don't,
> we will sue you for X*10 monetary units, your choice". So it's basically
> a gamble: If you go to court, you get to pay either 0 or X*10 plus whatever
> the court proceedings cost to the loser, or if you don't want to gamble,
> you pay X to get out of the situation.
>
> And remember, they have more highly-paid lawyers than a law school makes
> in a year. Still willing to gamble?
Like I said, you'd need to be really, *really* sure the law is on your
side...
--
http://blog.orphi.me.uk/
http://www.zazzle.com/MathematicalOrchid*
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On 07/06/2010 8:44 PM, Orchid XP v8 wrote:
> Heh. Just a pitty that *I* didn't realise the danger sooner, eh? ;-)
>
A little bit of danger spices up your life. :-)
--
Best Regards,
Stephen
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On Mon, 07 Jun 2010 20:20:35 +0100, Orchid XP v8 wrote:
>>>> Generally with Youtube they resort to DMCA takedown notices for the
>>>> US.
>>> I thought they just generally scrubbed the audio out. (I.e., reencoded
>>> the video with no audio track.) And with the DMCA takedown, youtube
>>> just takes it down unless/until you argue they shouldn't.
>>
>> I don't think YouTube alters the video, it may be that users repost
>> with the audio scrubbed out.
>
> http://www.google.com/support/youtube/bin/answer.py?hl=en-
uk&answer=117597
Interesting, I didn't know that - but that would seem to answer the
question about you posting a clip. If the audio infringes, you may end
up with it muted, in which case just mention the name of the song and
artist somewhere, and we can imagine. :-)
Jim
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On Mon, 07 Jun 2010 15:32:23 -0400, Warp wrote:
> Jim Henderson <nos### [at] nospamcom> wrote:
>> And the solution is/may be "fair use".
>
> There's no such a thing from the point of view of the music industry.
The music industry doesn't matter; that's in US copyright law, and the
law is ultimately what matters.
> When they threaten to sue you, or even send you a payment claim
> outright,
> are you going to fight? I don't think so.
They threaten to sue, take the video down. It's not like they're suing
everyone who uses copyrighted music on YouTube, otherwise there'd be a
hell of a lot less content up there.
Jim
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On Mon, 07 Jun 2010 20:35:38 +0100, Stephen wrote:
> On 07/06/2010 8:32 PM, Orchid XP v8 wrote:
>>>> Well, I've spent a year and a half at a *dance school*, and in a
>>>> fortnight I will be taking my first *dance exams*...
>>>
>>> Break a leg! :-)
>>
>> Oh don't you start! This dancing lark is surprisingly dangerous. While
>> dancing, I made one lady's arm click in 3 seperate places. But that's
>> nothing; the other day I managed to ELBOW MY PARTNER IN THE ****ING
>> FACE! o_O And on Saturday night, somebody behind my put their stilletto
>> down my ankle...
>>
>>
> That is "Good Luck" in Thespian talk. And yes I ken dancing is
> dangerous.
Never *ever* say "Good Luck". Ref. "The Producers". ;-)
Jim
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> Interesting, I didn't know that - but that would seem to answer the
> question about you posting a clip. If the audio infringes, you may end
> up with it muted, in which case just mention the name of the song and
> artist somewhere, and we can imagine. :-)
They have a system to automatically mute content that shouldn't be up
there. That doesn't make it OK to put it up though. It's still illegal,
they can still sue you, and it's still not funny.
--
http://blog.orphi.me.uk/
http://www.zazzle.com/MathematicalOrchid*
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On 07/06/2010 9:00 PM, Jim Henderson wrote:
>> That is "Good Luck" in Thespian talk. And yes I ken dancing is
>> dangerous.
>
> Never *ever* say "Good Luck". Ref. "The Producers". ;-)
>
True
--
Best Regards,
Stephen
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On Mon, 07 Jun 2010 21:05:02 +0100, Orchid XP v8 wrote:
>> Interesting, I didn't know that - but that would seem to answer the
>> question about you posting a clip. If the audio infringes, you may end
>> up with it muted, in which case just mention the name of the song and
>> artist somewhere, and we can imagine. :-)
>
> They have a system to automatically mute content that shouldn't be up
> there. That doesn't make it OK to put it up though. It's still illegal,
> they can still sue you, and it's still not funny.
Anyone can sue anyone. I can sue you for wearing your hair funny.
Doesn't mean I can win.
I never claimed it was *funny*, but take a look at the videos that come
back with the search "dance video" and tell me how many have copyrighted
songs in them. That's just a sample; I doubt any of those people have
been *sued* by RIAA or IFPI. Usually one gets a warning first and is
given a chance to comply. The ones that tend to draw attention are the
popular videos - do you think your video is likely to be in the top 10?
Top 100? Top 1000?
Yes, it's a risk - and as I said, I'm not a lawyer, but it seems like
posting a video of doing some dancing is likely to be considered pretty
harmless, *especially* if the audio quality isn't that good - for
example, if the audio is being played through a pair of cheap speakers
that are then recorded in the audio. If it were me, I'd be inclined to
do that rather than to dub the track directly into the audio track in the
video posted. If all the viewer can hear is the 'thud thud' of the beat,
chances are nobody will identify the song clearly enough to be able to
make a case.
But do whatever you want - if you think it's too risky, then don't. I'm
not giving you legal advice or telling you to do something you don't want
to, I'm telling you my take on your concerns. You're free to disagree
and disregard any advice given or opinions expressed.
Jim
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