Old 2nd August 2005, 22:54   #1
Adam Reyher
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Copyright Issues

I've got a question concerning copyright that someone here may be able to answer. I've created somewhat of a "music video" which includes a track as the background music, and then a combination of video and photos that I've taken myself. I didn't author the music (It's "I Dare You to Move" by Switchfoot). I do, however, own the CD where I got the song from.

As I'm not an expert, what issues of copyright violation am I looking at here if I were to redistribute CDs with this video of mine to friends (free of charge)? I have credited Switchfoot in the video if that makes any difference. Are there any kind of royalties I would need to pay in order to legally distribute this CD, or is the credit in the video enough?

Any guidance is appreciated.

- Adam
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Old 2nd August 2005, 23:05   #2
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you are using copyrighted material , so you need to pay the royalties for using it, it doesn't matter if you own the cd or not.

most cd's have a line stating that you cannot use this material and copy it or stream it or make it public in any other way than in your own home.

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Old 3rd August 2005, 03:27   #3
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Spaceplay's right, except before you can even charge royalties you have to get permission to distribute the music from the owner of the music (generally the record label). If they grant permission, they'll decide whether you'd have to pay royalties or could distribute it free.

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Old 21st August 2005, 02:48   #4
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In other words, ignore all the legal crap. If you can't use it for non-profit for free the artist shouldn't have made it in the first place.
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Old 22nd August 2005, 16:16   #5
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Quite right!

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Old 22nd August 2005, 18:22   #6
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When you distribute a copyrighted work, the original disk gives off toxic vapors. Be careful!

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Old 22nd August 2005, 22:39   #7
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Quote:
Originally posted by Cylob
Quite right!
But legally entirely wrong . Creative Commons licences go some way towards fixing this.

If you plan to distribute them in any big way, you need to contact the author and agree terms with them. Otherwise you're most likely gonna fly under their radar. They do still have the right to come after you, but I believe for a first offence and if you're distributing for free (of your own work) you're most likely to get away with a Cease and Desist if they decide to be asses.

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Old 26th August 2005, 13:35   #8
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I remember when The Rolling Stones successfully sued Carter USM for using the 3 words.... "Goodbye Ruby Tuesday".

3 lousy words!!!

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Old 26th August 2005, 22:04   #9
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probably you're not going to get into any trouble passing the disc out to your friends, especially since it's a derivative work, and not just a copy of the music for their listening pleasure.

I'm curious to get a copy of your movie though as "Dare you to Move" was the song my wife and I danced to at out wedding.
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Old 27th August 2005, 01:28   #10
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Quote:
Originally posted by Cylob
I remember when The Rolling Stones successfully sued Carter USM for using the 3 words.... "Goodbye Ruby Tuesday".

3 lousy words!!!
I think everyone should probably at least give a thought to reading the book Free Culture by Lawrence Lessig. It's available in various online forms here, or you can buy the book. I think it gives some excellent thoughts on the litigation culture around derivative works these days, and how things were in the past. How IP has become "protected" to the degree that one is no longer protecting their work, but preventing others from inheriting from them.

It doesn't always hit the mark, but it's a good starting point.

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Old 30th August 2005, 11:50   #11
Florens
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how do you make it

hi Adam,

i watch scoutcast tv on winamp, espesialy anime music video's i love those.

i understood that you made a clip, that's so cool

i got a quistion for ya: what kind of software did you use to make a clip? the thing i would like to make one myself

(i hope i'm alouwed to ask this quistion cuz idon't realy get the warez rule)


ps. i hope your clip comes on scoutcast, id love to see it
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Old 31st August 2005, 13:11   #12
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IMHO, copyright theft doesn't damage the economy, so why waste money enforcing it?

I've bought 300 CD's less since the advent of p2p (3 years x 100 per year), saving £3,000. Yet, I've spent that same £3,000 on computer equipment (extra HD's, network equipment, faster connection, everything needed to dload like a demon). I'm no wiz at economics, but the money's gone back into the economy.....

So, the IT industry's growing at the music industry's expense, but that's the desired result and utterly fine with me! The only thing is, ripping off music = disrepecting the artist, yet at the same time, I'm not prepared to make him and his 10 middlemen rich (at my own expense).

2 fingers to copyright law.... human nature will bear out.

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Old 31st August 2005, 15:26   #13
stopa
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man who cares everybody uses p2p's and distributes them and noone ever gets cought theres no harm.
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Old 30th October 2005, 03:30   #14
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i think the original post was a different issue as to who gets caught.
if you make money out of copying someones work outright then expect to have to pay. if you are using it in an artistic way and making no money, forget about it, even if they took you to court and you lost (which they would not), what would they take from you? they can only take from profits gained from the event...in your case little or nothing. go ahead, knock yourself out. tell them I gave you permission.
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Old 30th October 2005, 03:33   #15
roundhead
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i will also say though, this whole internet age is throwing up soem interesting issues and you should check out the links ZOOTM mentions above. creative commons is an interesting new idea(or basic common sense) for sharing and using...
also check out this site: ccmixter.org for free music.
these guys are my faves: http://ccmixter.org/media/people/ashwan

peace,
R.
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