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#46 |
Trustee
Join Date: Aug 2007
Location: Portland, Oregon
Posts: 1,238
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
But unless you have a facsimile of the original manuscript (which modern performers find nearly impossible to read), I would wager a nice dinner in Manhattan that they were using a copyright-protected modern EDITION of the music. And in the UK, they have even ANOTHER layer of copyright, the engraving (graphical layout) has separate copyright protection from the edition. OTOH, getting mechanical and sync licensing is a lot easier in many other countries where copyright laws were developed later (or updated more recently) than the USA.
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#47 | ||
Major Player
Join Date: Nov 2010
Location: London
Posts: 212
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
I'm sure the artist would have demanded an extortionate amount to have the tattoo used and I have absolutely no doubt whatsoever that he will be revelling in the fact that he can sue and make even more money. If we are not careful then one day we will all be suing each other and seeing therapists and there will be no space to move creatively whatsoever. Quote:
I don't want to have to say a third time that this topic is about sharing a private video amongst friends but what I will add is that perhaps what I could have or should have done is set the video to private so that it could not be viewed unless I posted somebody a link. I don't expect everybody to agree with me but to fill three pages I must have a valid point. |
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#48 |
Inner Circle
Join Date: Feb 2007
Location: Tucson AZ
Posts: 2,211
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Classical music is often available in "Urtext" or original editions which have no editing (such as fingerings etc) applied - it's usually the editing that is copyright in new editions not the underlying music.
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#49 | |
Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
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Good news, Cousins! This week's chocolate ration is 15 grams! |
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#50 |
Inner Circle
Join Date: Feb 2007
Location: Tucson AZ
Posts: 2,211
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
What about using a "cloud" storage provider like Dropbox or even Amazon instead of Youtube? If the online repository is simply an extension of the private files on your hard drive, wouldn't it fit the definition of "private"?
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#51 | |
Regular Crew
Join Date: May 2009
Location: Manhattan
Posts: 131
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
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(I'll take that dinner at the "21 Club", if that works for you...) |
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#52 | |
Inner Circle
Join Date: Jan 2007
Location: Woodinville, WA USA
Posts: 3,467
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
Judge Denies Tattoo Artist's Request to Halt Release of 'Hangover Part II' - Hollywood Reporter
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"It can only be attributable to human error... This sort of thing has cropped up before, and it has always been due to human error." |
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#53 |
Regular Crew
Join Date: May 2009
Location: Manhattan
Posts: 131
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
The movie release goes ahead as planned, but so does the trial, and it seems that the tattoo artist has good chances of becoming obscenely rich from this.
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#54 | |
Trustee
Join Date: Aug 2007
Location: Portland, Oregon
Posts: 1,238
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
I've never been to NYC. Is this 21 Club place expensive? :-) Is there a 10.5 club? |
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#55 |
Major Player
Join Date: Nov 2010
Location: Entebbe Uganda
Posts: 768
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
I would imagine the producers will play the 'parody' card, and this would eventually settle out of court...
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#56 |
Major Player
Join Date: Feb 2005
Location: Carlisle, PA
Posts: 451
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
I noticed that "Fair Use" has been mentioned in this discussion. Remember, Fair Use is a defense, not a right or law. You argue in court that what you are accused of is not a copyright violation, but should be considered Fair Use. That also means that you now have legal costs and most likely, a lot more than any if us would enjoy spending. This is also something that would be REALLY stupid to try to defend yourself against.
So for me, I avoid anything that may have any even a chance of causing a legal action, and I have turned down lots of jobs where people seem to have no concern for copyright laws. It just isn't worth the risk to me. And it really doesn't matter what YOU or I think is "right" or "wrong", it comes down to what the courts says. (RANT WARNING) This entire discussion about getting rights for a youtube video is a bit ridiculous. Not only has youtube damaged the idea and value of a quality production, it is now destroying the idea of content. Youtube is overflowing with mindless and useless dribble. It reminds me of how of cows in a field will stop chewing to watch anything as it moves past them. Three million people will watch a poorly shot video of a dog making funny noises, and I would bet most of them are watching it while they should be working. And yet some people are surprised that an artist like Carly Simon isn't just overjoyed to have her beautiful music attached to a cellphone youtube video. Why shouldn't someone who creates something great and beautiful have control in how it is used? You could always create something better, right? My wife is a musician and makes a living performing her original music and selling CDs of it. I'm quite proud of her because she is one of few musicians I know that actually earns a living in the indie music biz and puts money in the bank besides. We have to constantly be watching the web for illegal copies of her music and then issuing DMCA Takedown Notices to the ISPs. She is not famous or rich, but use her music in your video and you will hear from us when we find it. |
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#57 | |
Trustee
Join Date: Aug 2007
Location: Portland, Oregon
Posts: 1,238
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
I'd like to know how there is so much content up on YouTube that is obviously copyright-protected music. I can find content there in the form of sound tracks for home-made "music videos" (used in the broadest possible sense of the term) that I would have to pay for if it were an MP3 on iTunes, et.al. Even to the point where there appears to be lower-third pop-up ads for buying this recording legitimately. Is YouTube paying royalties per view? If so, then the IP owners should be getting paid and YouTube is making them money, why would anyone ask to have something taken down? OTOH, if YT is not paying license/royalties, then why is there so much obviously protected music up there (for years and years)? Do the IP owners not care? And, certainly the original question/attitude/motivation had no serious merit. |
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#58 | |
Major Player
Join Date: Nov 2010
Location: London
Posts: 212
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
I would have thought it more of an issue that I've used footage from the royal wedding, and somebody must own that. Some would argue that it's the cameraman, I once heard that you own whatever you shoot, but it's probably Sky News. My video is of no commercial interest to anybody, least of all myself. And this thread should not have generated all the furor that it has considering that the wealthy and powerful get away with far bigger illegalities all the time though that is accepted as they are seemingly untouchable. I've been ripped off, unpaid, and had my work exploited and I've never done it in a harmful way to anyone else because it's against my morals, nothing to do with law. I don't need a book to tell me what is right and wrong, legal, religious or otherwise. I have burned my lips on McDonald's coffee and slipped on wet floors yet never felt the need to file a lawsuit because if you're rational about it - it's all part of real life, not this Orwellian nonsense which is going way too far and which is a detriment to human progress. |
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#59 | ||
Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
Quote:
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Good news, Cousins! This week's chocolate ration is 15 grams! |
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#60 | |
Trustee
Join Date: Aug 2007
Location: Portland, Oregon
Posts: 1,238
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Re: I need permission from Carly Simon to put a video on YouTube I shot on a BlackBer
Quote:
I think you are missing the whole point of Intellectual Property and Copyright/Patent, etc. Nobody would have risked the resources it took to invent the technology you are using to read this (computers, communication, integrated circuits, and the underlying technology) if patents and copyrights didn't exist which allow inventors, writers, artists, etc. to exploit their creations for profit. |
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