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MartyFalada
Mage
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Posted: 10-22-2004 21:40 |
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Members,
Since we have not had a post about it in the new forum, I have decided to bring it up. Once again this is to discuss the issue before it becomes an issue.
As many of you know we here at MVD have made it a rule that we do not allow video's to be uploaded with "Copyrighted Audio". This has been an issue for many of you, and we understand your concern. However, despite what you might think, it is highly illegal to "re-purpose" or use a sample of a copyrighted song. We know that other sites have stated that they will allow it. This is of course their decision, however we here at MVD have decided to protect our interests and we have much to lose if we do not.
At the end of my rant I am going to provide you with some links you can read on the issue, however I would like clarify a few misconceptions first:
"If we aren't making any money it's not illegal" - Wrong. First of all, MVD does make money. We collect from advertiser's, these fee's help to pay the cost of running the site, they don't pay much of it but they do pay part of it. Members who see the advertisements are drawn to our site by the videos. If the videos contain copyrighted audio, we are required to pay royalties of up to 50% of proceeds to the music author. Outside of that, the only time the "No profit means its ok" rule applies is if it is being used for educational/religious purposes (i.e. musical study)
"If it is less then 5 secs of audio looped it is ok" - Wrong. Kid Rock, Aerosmith, Beastie Boys, Jay Z, Puff Daddy, Biggie Smalls, Britney Spears, even James Brown have all been involved in lawsuits regarding "Audio Sampling". One case even was over 3 notes of song from a extremely small never heard of artist that was sampled in a very popular song. The 3 notes were barely distinguishable, but the producers of the popular song ended up paying a large royalty to the small artist.
"I have permission from the artist" Well maybe you do, maybe you don't. But how do we at MVD know either way? Even if you could provide proof, we would have to store that permission document incase we got sued. Additionally we would have to explain to others why you are allowed, and they are not. Save ourself the hassle on this one, it just not allowed.
These are just 3 common misconceptions, but I wanted to clear them up for you and save you the time of reading through all the legal mumbo jumbo of copyright law.
It is important for it to be clear that MVD is not trying to be "mean", or we just don't want to. If you think about it, there is actually more work for US by declining videos with copyrighted audio. It would be much easier for us to just upload the videos right? Now we currently spend quite a bit of time reviewing, deleting, and PMing members about copyrighted audio. We would save alot of time and hassle for ourselves if we just didn't care about the law.
Additionally it is important for you to know of new developments in the Recording industry's fight against piracy. As I am sure you all have heard they have been cracking down on "File Sharers" on trading networks. They have sued 12 year old's and little old ladies for thousands of dollars. Well the latest development is they have "Bots" who will crawl through the internet searching for files that obtain copyrighted audio. It actually downloads media files from sites and compares them to a database of "signatures" to determine if it is a copyrighted song. This means eventually they will notice the 5,000MB of media files we have here at MVD.
We want you all to understand that MVD is not out to be bad guys and shoot your down, but we have to protect our site. We want to see your magic, and music is not your magic. In most instance's you are not going to be performing your effects to music in real life anyway. I doubt most of you carry a radio around with you to do an Ambitious Card Routine in the middle of a shopping mall with. Bottom line is, MVD is about the "Magic" we want to see you perform!
Hope this clears some things up for you!
Marty
US Copyright
http://www.copyright.gov (Look for Title 17)
http://www.emedialive.com/Articles/ReadArticle.aspx?ArticleID=8881
http://www.gseis.ucla.edu/~howard/Papers/pw-public-spaces.html
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arminio
Magician
| Joined: | 11-30-1999 |
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Posted: 10-23-2004 18:14 |
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All my videos here has public domain music with permission of author. The main concerne is - what if some of usd songs stop being PD?
It is pretty tricky...
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n3cromanc3r
Magician
| Joined: | 11-30-1999 |
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Posted: 10-29-2004 23:23 |
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| A good workaround would be for MVD to supply a set of music files that is ok for users to use. Maybe a variety of public songs or songs in which MVD has been given permission. Just an idea.
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MartyFalada
Mage
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| Joined: | 04-20-2005 |
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Posted: 10-30-2004 01:10 |
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There are several links on the Upload page. They connect you to pages with Creative Commons audio.
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n3cromanc3r
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Posted: 10-30-2004 01:26 |
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| Oh well there you go then.. no problems.
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Sponge
Marvel
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Posted: 07-18-2005 20:05 |
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Just thought I would resurrect this topic, as recently a high percentage of the vids I have reviewed for upload have had copyrighted audio in. My computer is starting to look like a jukebox!
The videos have to be deleted from the queue and the author PM'd to change the audio and re upload the video. All this lengthens the wait you have for your video to be uploaded. There are some links on the upload page to help you find copyright free music. If anyone knows of any other good sites, please post them here.
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dell
Mage
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| Joined: | 08-15-2004 |
| Location: | California USA |
| Posts: | 226 |
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Posted: 07-20-2005 13:42 |
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| I will send out a newsletter to video authors about this... and look for some sites.
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LarryBee
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| Joined: | 11-30-1999 |
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Posted: 07-21-2005 10:30 |
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Hi all,
Just a quick note to let you know of some web sites i've found particularly useful in the audio dept
This has some great effects such as canned laughter, thunder and lightning as well as music
http://www.partnersinrhyme.com/
This site specialises in loops.
http://www.freeloops.co.uk/geeklog/
I've found the loops can be strung together using http://audacity.sourceforge.net/ audacity, which will also convert between formats and fade in/out etc
Also
http://www.archive.org
has a lot of stuff (both audio and video)
Anyway, I hope this is of use.
Take care
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Bucky
Spectator
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Posted: 11-08-2005 18:53 |
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Just thought I would resurrect this topic, as recently a high percentage of the vids I have reviewed for upload have had copyrighted music in them. An example of this is , in the last week over 15 videos have been uploaded with copyright music.
The videos have to be deleted from the queue and the author PM'd to change the audio and re upload the video. All this lengthens the wait you have for your video to be uploaded. There are some links on the upload page to help you find copyright free music. If anyone knows of any other good sites, please post them here.
cheers Bucky (good old cut and paste thanks sponge)
Last edited on 11-08-2005 18:54 by
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dell
Mage
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| Joined: | 08-15-2004 |
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| Posts: | 226 |
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Posted: 11-09-2005 04:22 |
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I will redo the copyright page and put some more in after the Hayashi thing!
Dell
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S_Holland
Conjuror
| Joined: | 11-30-1999 |
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| Posts: | 35 |
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Posted: 03-13-2006 17:57 |
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Also to the list:
http://www.epitonic.com .
HTH, take care.
------
Shane H
sholland@deceptivemagic.com
http://www.deceptivemagic.com
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jennings
Spectator
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Posted: 03-13-2006 20:28 |
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| What about the twins videos ? When are they being pulled for copyright audio infingement ?
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ramasis
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Posted: 03-13-2006 20:40 |
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| This seems a bit harsh to say the least, yes I would agree if a member was a personal friend of ,say the chilli peppers and had permision to use there music it could be deemed as unfair on the other members; however ! what is wrong with using music from a pub band , or indeed semi pro,if they write there own music and do not do covers, what is wrong with that ? I guess then some of my uploads will now be taken off site because I used music from my mates band in them ! Yes Spencer has played profesionaly , but his band MOHAWK are a pub,,,, gig band, there album I use for my music was all writen by Spencer apart from the last track,,,behind blue eyes,,, and I never use it because of the copyright situation, His music suits my style and the band are in the middle of writing some music for my videos as we speak, so now you are telling me I can not use it ! Yes I know you said you can not store all evidence of [ I have permission] but honestly how many requests for that do you get and , how many can you store on a disc ; I personaly have sent in , for want of better terminology--- an evidence document from MOHAWK saying I have full rights to use there music, it can be varified at spencerleehorton.com -- I know this seems petty but, I do feel strongly about the freedom of choice and expression, within the law . Regards
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Sponge
Marvel
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| Joined: | 08-15-2004 |
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Posted: 03-14-2006 07:10 |
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We never KNOWINGLY post a video that contains copyrighted audio, we turn down many each day for that reason.
One rule of thumb is whether we have heard the music before. I rely on help from my family with this, they are well trained in 'spot the copyrighted music'! I am sure that the other uploading staff have similar methods. Aramis I suspect, is also aided by a sophisticated detection device hidden in his belly button and powered by lemon juice, and Darren has an extraordinarily large capacity brain!
If however, you find a video that you feel contains copyrighted audio that has slipped through the net, please PM one of the uploading staff directly with the link and we will check it out and take the appropriate action if necessary.
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Sponge
Marvel
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Posted: 03-14-2006 08:14 |
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Ramasis, I sympathise. The whole copyright thing is a legal minefield and very confusing. When a video is posted on MVD it becomes the joint legal responsibility of the site owner (Dell) and the author of the video. If there were legal issues over the music then you and Dell would both be liable.
A lot of music is free to download and share with your friends and family, but not to broadcast or in this case, webcast. The only music that anyone can do this with is music produced under Creative Commons licence. The music is still copyrighted as such, but the author has given permission in the copyright for it to be used freely, they often ask that the artiste is credited though.
If an artiste gives individual permission for you to use a certain piece of music in your videos and you upload them to your own website then that is between you and them. However, if the music is used on a website that states all it's music is non copyrighted (as MVD does) then other members should be able to assume that they can also use the same music. So they could rip it from your video and use it too. MVD can't protect the copyright interests of individual artistes, that could get out of hand and be a nightmare to resolve.
For example, recently a member submitted a video containing audio that he had created himself on an EJay program. He claimed copyright and said he was protecting his interests as he didn't want other members to use his music. I had to refuse it because we couldn't guarantee that wouldn't happen.
On the bright side, if Mohawk have produced their music under Creative Commons licence, meaning that they are happy for anyone to use it then there isn't a problem. They will know the copyright laws and will be aware that when you post your videos on MVD that other members are then free to use the audio themselves. So I shouldn't worry about it if this is the case.
I hope this clarifies things a little. Mohawk rock! 
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