How do you legally host / post videos that contain material with copy
rights; movie clips, songs, etc? E.g., clips from James Bond movies, songs
from 'Rush', etc?
And, maybe it's just a coincidence, but after asking you this question in
another thread it seems like I can no longer access your site. could you
explain that as well?
This was was in another thread, may be of intrest:
Thanks for your comprehensive responses. I now have a better idea where the
line is drawn. Perhaps there are a few experts out there that can give us
some more information as to how they've secured the rights to post clips
which contain copy written songs or clips from movies on the Internet, to be
view publicly. After all, all material gained from other sources should be
duly acknowledged and if copy rights exist they should be respected. No
value is obtained by publishing in any format other peoples work without
securing right to do so.
"J. Daniel Smith" <J_Daniel_Smith@hotmail.com> wrote in message
news:%23MyY%23KqEFHA.1524@TK2MSFTNGP09.phx.gbl...
> I'm not a lawyer either.
>
> If you already own the CD, then using a track as background music for a
> personal video would probably be considered "fair use". It's probably not
> "fair use" if you download the MP3 from some file-sharing website,
> regardless of how you use it (and it's questionable if all you use the MP3
> download for is to save yourself the hassle of ripping the track
> yourself).
>
> Posting on the web might be OK as long as it wasn't at a publicly
> accessible URL - i.e., you required a registration/login before viewing.
> And even then, it should only be for your personal friends - not your
> thousands of internet "friends".
>
> Dan
>
> "James E Middleton" <someone@microsoft.com> wrote in message
> news:%23dfpK5nEFHA.732@TK2MSFTNGP12.phx.gbl...
>> If I make a video in MM2 or Photo Story and use a famous song as the
>> background music, is that OK? Does that fall under the 'Fair Use' clause
>> of copyright laws, as long as I use it for my own 'entertainment'? Am I
>> in violation of copyright laws if I cross the line and post it on the
>> Web? Do I need permission from the copyright owner beforehand? Even if I
>> don't make any money from showing it, there is some shade of gray there.
>> It could be interpreted as being used as a means for personal gain. For
>> example, generating traffic on my Web site. I could lure you to my site
>> because you may like a particular song. Once there I could propagate my
>> message or advertise some other product or service. Just wondering;. I've
>> poured through the U.S. Copyright and not being a lawyer, it's all Greek
>> to me.
>>
>>
>>
>> WHAT IS COPYRIGHT?
>> Copyright is a form of protection provided by the laws of the United
>> States (title 17, U.S. Code) to the authors of "original works of
>> authorship," including literary, dramatic, musical, artistic, and certain
>> other intellectual works. This protection is available to both published
>> and unpublished works. Section 106 of the 1976 Copyright Act generally
>> gives the owner of copyright the exclusive right to do and to authorize
>> others to do the following:
>>
>> · To reproduce the work in copies or phonorecords;
>>
>> · To prepare derivative works based upon the work;
>>
>> · To distribute copies or phonorecords of the work to the public
>> by sale or other transfer of ownership, or by rental, lease, or lending;
>>
>> · To perform the work publicly, in the case of literary, musical,
>> dramatic, and choreographic works, pantomimes, and motion pictures and
>> other audiovisual works;
>>
>> · To display the copyrighted work publicly, in the case of
>> literary, musical, dramatic, and choreographic works, pantomimes, and
>> pictorial, graphic, or sculptural works, including the individual images
>> of a motion picture or other audiovisual work; and
>>
>> · In the case of sound recordings, to perform the work publicly
>> by means of a digital audio transmission.
>>
>> In addition, certain authors of works of visual art have the rights of
>> attribution and integrity as described in section 106A of the 1976
>> Copyright Act. For further information, request Circular 40, "Copyright
>> Registration for Works of the Visual Arts."
>>
>> It is illegal for anyone to violate any of the rights provided by the
>> copyright law to the owner of copyright. These rights, however, are not
>> unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
>> establish limitations on these rights. In some cases, these limitations
>> are specified exemptions from copyright liability. One major limitation
>> is the doctrine of "fair use," which is given a statutory basis in
>> section 107 of the 1976 Copyright Act. In other instances, the limitation
>> takes the form of a "compulsory license" under which certain limited uses
>> of copyrighted works are permitted upon payment of specified royalties
>> and compliance with statutory conditions. For further information about
>> the limitations of any of these rights, consult the copyright law or
>> write to the Copyright Office.
>>
>> WHAT WORKS ARE PROTECTED?
>> Copyright protects "original works of authorship" that are fixed in a
>> tangible form of expression. The fixation need not be directly
>> perceptible so long as it may be communicated with the aid of a machine
>> or device. Copyrightable works include the following categories:
>>
>> 1. literary works;
>>
>> 2. musical works, including any accompanying words
>>
>> 3. dramatic works, including any accompanying music
>>
>> 4. pantomimes and choreographic works
>>
>> 5. pictorial, graphic, and sculptural works
>>
>> 6. motion pictures and other audiovisual works
>>
>> 7. sound recordings
>>
>> 8. architectural works
>>
>> Use of the notice may be important because it informs the public that the
>> work is protected by copyright, identifies the copyright owner, and shows
>> the year of first publication. Furthermore, in the event that a work is
>> infringed, if a proper notice of copyright appears on the published copy
>> or copies to which a defendant in a copyright infringement suit had
>> access, then no weight shall be given to such a defendant's interposition
>> of a defense based on innocent infringement in mitigation of actual or
>> statutory damages, except as provided in section 504(c)(2) of the
>> copyright law. Innocent infringement occurs when the infringer did not
>> realize that the work was protected.
>>
>> The use of the copyright notice is the responsibility of the copyright
>> owner and does not require advance permission from, or registration with,
>> the Copyright Office.
>>
>> Form of Notice for Visually Perceptible Copies
>> The notice for visually perceptible copies should contain all the
>> following three elements:
>>
>> 1. The symbol © (the letter C in a circle), or the word "Copyright," or
>> the abbreviation "Copr."; and
>>
>> 2. The year of first publication of the work. In the case of compilations
>> or derivative works incorporating previously published material, the year
>> date of first publication of the compilation or derivative work is
>> sufficient. The year date may be omitted where a pictorial, graphic, or
>> sculptural work, with accompanying textual matter, if any, is reproduced
>> in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or
>> any useful article; and
>>
>> 3. The name of the owner of copyright in the work, or an abbreviation by
>> which the name can be recognized, or a generally known alternative
>> designation of the owner.
>>
>> Example: © 2002 John Doe
>>
>> The "C in a circle" notice is used only on "visually perceptible copies."
>> Certain kinds of works--for example, musical, dramatic, and literary
>> works--may be fixed not in "copies" but by means of sound in an audio
>> recording. Since audio recordings such as audio tapes and phonograph
>> disks are "phonorecords" and not "copies," the "C in a circle" notice is
>> not used to indicate protection of the underlying musical, dramatic, or
>> literary work that is recorded.
>>
>> Form of Notice for Phonorecords of Sound Recordings*
>> * Sound recordings are defined in the law as "works that result from the
>> fixation of a series of musical, spoken, or other sounds, but not
>> including the sounds accompanying a motion picture or other audiovisual
>> work." Common examples include recordings of music, drama, or lectures. A
>> sound recording is not the same as a phonorecord. A phonorecord is the
>> physical object in which works of authorship are embodied. The word
>> "phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as
>> well as other formats.
>>
>> The notice for phonorecords embodying a sound recording should contain
>> all the following three elements:
>>
>> 1. The symbol (the letter P in a circle); and
>>
>> 2. The year of first publication of the sound recording; and
>>
>> 3. The name of the owner of copyright in the sound recording, or an
>> abbreviation by which the name can be recognized, or a generally known
>> alternative designation of the owner. If the producer of the sound
>> recording is named on the phonorecord label or container and if no other
>> name appears in conjunction with the notice, the producer's name shall be
>> considered a part of the notice.
"John Kelly" <not@dot.com> wrote in message
news:OJm%23XeTCFHA.3616@TK2MSFTNGP11.phx.gbl...
> Hello there,
>
> Some will be aware of the excellent video's made by Weave using Movie
> Maker. He has done it again folks...the new video called FEAR is available
> for viewing on The Kelly's website. He told me it would make the hair
> stand
> up on the back of my neck....he did not tell me what the video was
> about...now that I have seen it I understand exactly what he meant....the
> message in visual and audio form is well worth experiencing....I first
> watched it using a surround system with the volume wound up.....it leaves
> you feeling a little cold. A great video with masterfully use of Movie
> Maker.
>
> --
> Best Wishes.....John Kelly
> www.the-kellys.org
> www.the-kellys.co.uk
> Check out free video hosting at www.the-kellys.org
> ----
> \|||/
> (oo)
> ----------ooO-(_)-Ooo-------------
> All material gained from other sources is duly acknowledged. No Value is
> obtained by publishing in any format other peoples work