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From: Orchid XP v8
Subject: Life's little problems
Date: 7 Jun 2010 14:09:46
Message: <4c0d35ea@news.povray.org>
Today, I had an idea. I could set my video camera up on the drive way, 
film myself dancing to my favourit music, and post the results on YouTube.

You immediately see the problem with this, don't you? Yes, that's right: 
the minor detail of "copywrite infringement".

OK, so a bunch of guys spent ages making this music. I respect that. But 
the thing is, it's not like I can *ask* for permission. "The copyright 
to this recording is owned by EMI Records Ltd." Uh, yeah, right. And if 
I write to EMI Records Ltd (assuming I can even find a postal address), 
what are the chances of ever getting a reply, never mind a reply in the 
affirmative?

Now obviously it's their property and if they don't want me to use it, 
they have the right to do that. It's not like I have the God-given right 
to distribute their stuff just because it's convinient to me. It's just 
frustrating, that's all. Basically the only way I can upload this video 
is if I dance to some of my own music (i.e., written and performed by 
me). And that'll be a blast. :-P

-- 
http://blog.orphi.me.uk/
http://www.zazzle.com/MathematicalOrchid*


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From: Jim Henderson
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:38:06
Message: <4c0d3c8e$1@news.povray.org>
On Mon, 07 Jun 2010 19:09:45 +0100, Orchid XP v8 wrote:

> You immediately see the problem with this, don't you? Yes, that's right:
> the minor detail of "copywrite infringement".

And the solution is/may be "fair use".

Go ahead and video it and post it; the worst that happens is you get a 
takedown notice and have to remove it.

Jim


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From: Darren New
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:38:09
Message: <4c0d3c91$1@news.povray.org>
Orchid XP v8 wrote:
> "copywrite infringement".

And copyright infringement, also!

-- 
Darren New, San Diego CA, USA (PST)
    Eiffel - The language that lets you specify exactly
    that the code does what you think it does, even if
    it doesn't do what you wanted.


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From: Orchid XP v8
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:41:25
Message: <4c0d3d55$1@news.povray.org>
>> You immediately see the problem with this, don't you? Yes, that's right:
>> the minor detail of "copywrite infringement".
> 
> And the solution is/may be "fair use".

Don't think that works.

According to the YouTube FAQ (which is not legally binding of course), 
it's OK to have music playing if it's incidental to the main purpose of 
the video. In other words, if the music was taken away, it would still 
be an interesting video.

Posting a 4-minute video containing an entire track prominently in the 
foreground because that's what I'm dancing to is hardly "insubstantial", 
however.

> Go ahead and video it and post it; the worst that happens is you get a 
> takedown notice and have to remove it.

No, the worst that can happen is that I get sued for several hundred 
thousand pounds and/or put in jail. Apparently the music industry likes 
to do that occasionally, to make an example of people.

-- 
http://blog.orphi.me.uk/
http://www.zazzle.com/MathematicalOrchid*


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From: Orchid XP v8
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:41:43
Message: <4c0d3d67$1@news.povray.org>
>> "copywrite infringement".
> 
> And copyright infringement, also!

 >_<

Damnit, I always get that wrong...

-- 
http://blog.orphi.me.uk/
http://www.zazzle.com/MathematicalOrchid*


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From: Mike Raiford
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:47:32
Message: <4c0d3ec4$1@news.povray.org>
On 6/7/2010 1:09 PM, Orchid XP v8 wrote:

> You immediately see the problem with this, don't you? Yes, that's right:
> the minor detail of "copywrite infringement".

And here I was thinking the problem would be that you would look like a 
fool... ;)


-- 
~Mike


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From: Jim Henderson
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:51:40
Message: <4c0d3fbc$1@news.povray.org>
On Mon, 07 Jun 2010 19:41:25 +0100, Orchid XP v8 wrote:

>>> You immediately see the problem with this, don't you? Yes, that's
>>> right: the minor detail of "copywrite infringement".
>> 
>> And the solution is/may be "fair use".
> 
> Don't think that works.
> 
> According to the YouTube FAQ (which is not legally binding of course),
> it's OK to have music playing if it's incidental to the main purpose of
> the video. In other words, if the music was taken away, it would still
> be an interesting video.
> 
> Posting a 4-minute video containing an entire track prominently in the
> foreground because that's what I'm dancing to is hardly "insubstantial",
> however.

The full track wouldn't be covered by fair use, but a snippet would be.

>> Go ahead and video it and post it; the worst that happens is you get a
>> takedown notice and have to remove it.
> 
> No, the worst that can happen is that I get sued for several hundred
> thousand pounds and/or put in jail. Apparently the music industry likes
> to do that occasionally, to make an example of people.

Generally with Youtube they resort to DMCA takedown notices for the US.  
It's if the video isn't taken down in compliance that things start to get 
uglier.

Jim


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From: Jim Henderson
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:52:36
Message: <4c0d3ff4@news.povray.org>
On Mon, 07 Jun 2010 14:51:40 -0400, Jim Henderson wrote:

> The full track wouldn't be covered by fair use, but a snippet would be.

And of course the standard IANAL disclaimer applies here.

Jim


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From: Orchid XP v8
Subject: Re: Life's little problems
Date: 7 Jun 2010 14:58:11
Message: <4c0d4143$1@news.povray.org>
Mike Raiford wrote:

> And here I was thinking the problem would be that you would look like a 
> fool... ;)

Well, yes, actually I do this simply by being *alive*. :-P

I mean, hell, you've *seen* me, right??

-- 
http://blog.orphi.me.uk/
http://www.zazzle.com/MathematicalOrchid*


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From: Mike Raiford
Subject: Re: Life's little problems
Date: 7 Jun 2010 15:00:45
Message: <4c0d41dd$1@news.povray.org>
On 6/7/2010 1:58 PM, Orchid XP v8 wrote:
> Mike Raiford wrote:
>
>> And here I was thinking the problem would be that you would look like
>> a fool... ;)
>
> Well, yes, actually I do this simply by being *alive*. :-P

No...

> I mean, hell, you've *seen* me, right??

I have ...

But, you don't want to reach the high point of internet fame by doing 
what could only be described as a full-body dry-heave on YouTube, either 
XD, besides, there are plenty of people out there that have already done 
that ...

Note: I don't know how well you dance, for all I know you could be the 
world's best dancer.. In that case, disregard my commentary ;)

-- 
~Mike


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