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Guest Jeff S KDTW

Legal/Copyright question

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We're surrounded by criminals ! :-eek Chris Low.


Christopher Low

UK2000 Beta Tester

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Jeroen,How about videos that are screened by the commercial entity prior to distribution, and can have things added to them by the commercial entity by agreement. At that point of the uploader's action, they lose control of the file, and the commercial entity controls it.In addition to that, the add-on in the video is then linked to an advertisement to purchase the same add-on.Can you honestly tell me that in that situation it is still the responsibility of only the uploader.Also at that point the allegedly Free video is now part and parcel to a commercial enterprise, so the whole freeware argument is moot, in my opinion.Keep in mind, these videos cannot simply be uploaded, they have to be approved, screened, etc, before being distributed. It absolutely is a commercial endeavor. The uploading is only part 1.It's just plain hypocritical and ethically wrong on the commercial entity's part, in my opinion.The link is there if only one looks for it. :-)Regards,Joeaopa.gif" border="0" alt="Grab 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]


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Guest

And how can you know that no permission was obtained in those cases?

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Guest

Sadly that's so. But it's not all doom and gloom. A study last year showed that it's in many areas now impossible to not break the law as there are many contradictory laws in effect in most places.Thus abiding by one law automatically makes you break another, go figure...

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Guest Ron Mashburn

Ken, I have dealt with copyright some in my time haveing been a musician most of my life... I have worked with national and international stars so this give me some insight into copyright law... It is complicated and hard to understand at times... I have not read all the other post and others may give you more insight than I but this is my understanding to the answer to the question you ask... " You can use the copyright property you ask about BUT you must pay the owner of such property the cost of using such property" That is why you hear so many old rock song used in commercials as of late... They don't have to ask the author... It's cheaper than haveing something written... I heard a author on a article speak aboutthis... He said he had no control about how his property was used and did't seem to really care as long as he got his copyright cost..I hope I am correct on all this... But this is how I have been told that it works... But if you change the material in anyway that a differant story...Ron Mashburn

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It is indeed cheaper because the record companies (who more often than not own the copyright instead of the artists) write things off rather quickly (especially after the music no longer sells well).You'll also notice that it's likely mostly non-US music being used, as the copyright term in the US is longer than in most other countries.Copyright after all isn't eternal. After a set amount of time (which differs per country and artform) the copyright expires.

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I am a TV Producer who makes both broadcasts and documentaries (not for profit, religious). For me to use recorded, copyrighted music as background in any of my productions can become a very expensive proposition.The main copyright owners are indeed the music publishers (ASCAP, BMI, etc.). TV stations (and other producers) are allowed to make blanket exemption license purchases. This is usually an annual renewal. It's not cheap, but certainly far less expensive than obtaining the individual rights for using each work. Luckily, my broadcast work has been covered by a blanket exemption on all of the stations we've broadcast on.Now, when I start doing non-broadcast work, it becomes very expensive if you want to stay legal! I once tried to purchase the rights to use a 60 second sound track for one of our not-for-profit documentaries. They wanted $2,500 to use the 60 second track, with a time allotment of 5 years! Well, we just went out and created our own music.


Randall Rocke

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Not a bad price for a 5 year license... That's something like $1.25 a day. If you can't get that back in donations maybe the video wasn't worth making :)But of course if you have access to musicians willing to work for free (and using royalty free sheet music so you don't have to pay royalties to the composer...) you'll always be cheaper off.

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Over the years, organizations we supported received many times that in donations, but we're a church - not a business. That wasn't an "investment" but a donation of our own to a needy cause. They needed every penny and we weren't going to ask them to cover any portion of our expenses.Other organizations would cover our production costs so we could produce the videos they needed, but we always produced our own music tracks from then on to reduce their expenses. I must also say that there were individual artists that would lend their support by giving us permission to use their music.But, no major recording company ever gave us permission - no matter what the cause. Can't blame them really - that's their business, though sometimes I think it would have been good PR for them to show that they supported worthy causes.


Randall Rocke

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Sadly, most people are only interested in making money (and lots of it) these days. Good PR and worthy causes are the last things on their minds.Chris Low.


Christopher Low

UK2000 Beta Tester

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Guest ben_hewitt

Oh right Tom, never knew that. Randall I know how you feel about getting copyright clearance for television, it can be one big pain!

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Ben,If everything were for broadcast, it would be fairly easy to comply with copyright law because of most TV station's blanket exemptions. But, as soon as we're off the air, we're on our own, and can't afford purchasing our own exemption certificate - at least not every year.The good thing is, we are very accomplished musicians and have a large music & arts dept. Once we record or produce, whether with our own artists or with others hired for the purpose, we are the owners of the music and have full legal rights to use it as we please. But, I can't go and stick the latest, greatest pop music on any of our productions, or we would definitely be guilty of copyright infringement.One of the things that always gets me is the vast amount of law-breaking going on in this area, especially on local cable TV. Many well-meaning amateur producers and small institutions (such as churches) produce their programs using all kinds of music, none of which has been licensed for this purpose. Most cable companies offer no blanket exemptions - they don't produce much original material, so they don't consider it financially viable to purchase the licenses. Basically, many of these folks could be liable for hundreds of thousand of dollars in penalties and fees, but are ignorant of the consequences.Another area of danger is in streaming media. Any copyrighted music used in the production of audio or video streams falls under the same laws, and few streaming hosts provide blanket exemption protection. You are on your own...and fully liable.


Randall Rocke

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Guest Jeff S KDTW

>Copyright after all isn't eternal. After a set amount of time>(which differs per country and artform) the copyright>expires.In the US, for an individual, the copyright is good from the moment the work is in "tangible form" through 70 years after the death of the individual. For a "work made for hire" or with no identified human author either in the work or its registration, usually for a company, the copyright is good for the lesser of 95 years from first publication or 120 years from creation (this is the Mickey Mouse Rule)._____________________________http://home.comcast.net/~jsnyder99/sigs/nameavsim.jpg

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Guest Ken_Salter

Update:I was able to contact Paramount Studios for permission. I was denied in a very nice manner and I understand their point of view.

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Hi Ken,I think you should be commended for at least trying to do so with your freeware application.I see more and more videos of flight simming showng up with all kinds of music attached to them.It seems at least in your case there is no disctinction between the use in a freeware application and one done for commercial purposes, as those that use it should seek permission or cease using it.I can suggest this though. I am not sure where, but I would guess there is music out there that musicians do allow to be used for whatever you want to get their name out, etc...You may have to dig around a bit, but in theory, there should be some available to use.Regards,Joe aopa.gif" border="0" alt="Grab 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]


CryptoSonar on Twitch & YouTube. 

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