Legal/Copyright question

[Guest Ken_Salter]

I have a question:Let's say someone wanted to write a FREEWARE application that uses some wav files from a tv show or movie.Since it is FREEWARE, does the author still need permission to use these files?I am thinking the answer is yes, but wanted to see if anyone knew for sure.

[Tom Allensworth 1,532]

Ken, yes. Free or otherwise makes no difference. The copyright holder has ownership.

[Guest Ken_Salter]

Yep, what I thought. Just wanted a second opinion.I wonder how I can get in contact with a certain movie studio.....

[Guest]

usually their websites have a link to contact info for the PR department. Those can help you along.The URL is by now almost always printed on the DVD case.Remember you may need permission from a production company rather than the movie studio.

[Guest rleiro]

Ken:You should ask for permission. However, if the item comes from a TV Show or movie (ie soundtracks), you should contact the authors of the items. Perhaps they're the real owner of the copyrights rather than the TV / Cinema producers (depends on the assignment made) :)Hope this helps,

[Guest Ken_Salter]

Well I've made my first attempt at communication...we'll see ;-)

[Sonar5 3]

Wouldn't the same apply to say commercial vendors creating videos of their products and using songs as background to help sell their stuff?I view that as copyright infringement.Regards,JoeGrab My FREEWARE Voice recognition Profiles here:[a href=http://library.avsim.net/esearch.php?CatID=fs2004misc&DLID=58334]Cessna 172 Voice Profile[/a][a href=http://library.avsim.net/esearch.php?CatID=fs2004misc&DLID=60740]FSD Avanti Voice Profile[/a].You will need the main FREEWARE Flight Assistant program to use it, get it here:[a href=http://library.avsim.net/esearch.php?CatID=genutils&DLID=39661]Flight Assistant 2.2[/a]

[Guest ben_hewitt]

>>Wouldn't the same apply to say commercial vendors creating videos of their products and using songs as background to help sell their stuff?I view that as copyright infringement.They will have copyright clearance to use that music, or should do or they are in bug trouble!.Depends how much music or sound effects you wish to use, if is a very small amount and for freeware purposes that is fair use under the copyright act.

[Sonar5 3]

Hi Ben,But as for a small amount, I see a 30 second commercial on TV or 10 Second Commercial, and I am guessing here, but wouldn't they be getting copyright permission for the tracks or paying a use fee for the music they are using and playing multiple times.Now say a flightsim video has a 3 minute video using 3 songs at a minute each. with each one over the length of a 30 second commercial, I see that as a violation. Now with say 500 Downloads or playing of the video, wouldn't that be 500 violations of the commercial entity hosting it and pushing theads on others, by inducing them to view the copyright violation.Now say someone hawks these videos surrounded by advertisements. Isn't it possible those could be viewed as an enticement to buy the product being pushed, and the inclusion of that song would indeed constitute a violation.Food For thought, and something I just don't find ethical. I mean with all the talk about worries of piracy, are not these same commercial enterprises supporting the piracy of music in this fashion. That seems pretty hypocritical to me and just not right in my opinion.From:http://www.riaa.com/issues/piracy/default.aspOnline piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy may now also include certain uses of "streaming" technologies from the Internet.I mean, some of these commercial vendors use all types of fancy dancy licensing schemes, closed support forums, etc... to thwart the piracy of their add-ons, and the next thing you know you see videos of their products with music in the background. Hmmmmm.... Interesting, huh?I sure hope they verified the licenses before jumping onto that ad bandwagon. :-lol :-lol :-lol Regards,JoeGrab My FREEWARE Voice recognition Profiles here:[a href=http://library.avsim.net/esearch.php?CatID=fs2004misc&DLID=58334]Cessna 172 Voice Profile[/a][a href=http://library.avsim.net/esearch.php?CatID=fs2004misc&DLID=60740]FSD Avanti Voice Profile[/a].You will need the main FREEWARE Flight Assistant program to use it, get it here:[a href=http://library.avsim.net/esearch.php?CatID=genutils&DLID=39661]Flight Assistant 2.2[/a]

[Tom Allensworth 1,532]

Joe, if they don't have permission to do so, then yes, it would be.

[Tom Allensworth 1,532]

Ben, "Fair Use" applies to libraries, newspapers, magazines, etc. in the context of "excerpting" passages from the article or previwing, in the case of music. When used to "enhance" or otherwise add to a product, free or otherwise, "Fair Use" does not apply. In my opinion, Europeans tend to interpret "Fair Use" as being more than it is under the Copyright conventions. I am not trying to start a fight here, but the preponderance of copyright violations occur when some take the definition of "Fair Use" too far, and we see that most frequently in European's justification for copyright violation.

[Guest]

videos which are almost without exception NOT created by the addon developers but by enthousiastic users.Now if the developer had released that addon with the sole and specific purpose of it being used for the purpose of infringing the intellectual property rights of the music industry then yes, blame would fall on that manufacturer.As that isn't the purpose of the addon at all but rather an unintended and unavoidable side effect blame lies squarely on the user of the addon.

[Guest]

Not all Europeans Tom, mostly just the ones who make largescale use of P2P networks to acquire their movies and music and use the argument to defend (initially to themselves) their acts.After all, they're only trying to find out if it's good before purchasing it maybe (cough cough), and apparently find out that nothing is worth purchasing...

[Christopher Low 5,352]

The amount of people that download illegal copies of games "just to try before they buy" is quite staggering. What is even more amazing is that a large percentage of these people actually feel that they are justified in doing so !Chris Low.

[Guest]

Not just games either...About 2 years ago I noticed a request for a pirated version of a product the sole purpose of which is to protect software from being pirated...This in a development forum. On searching the same (and many other) poster had previously inquired about pirated copies of compilers, editors, code libraries, etc. etc.Seems he was setting up a commercial business to create software and using an entirely pirated system of development tools to do it.The only thing still missing was a tool to prevent his customers doing to his software what he himself was doing to everyone else's.Sadly many of my own colleagues (I work in software development) are exactly the same. They see no problems at all in using pirated software, music, and movies.One of them even suggested a good way to get serial numbers for software is to go to a store and copy them from the boxes there...