There are man-made laws and then there are the 10 Commandments. ?I think the pastor needs a refresher course.
-----Original Message-----
From: Mark Myers <MarkM@SR-Pro.com>
To: Avid-L2@yahoogroups.com
Sent: Wed, Sep 30, 2009 10:31 am
Subject: Re: [Avid-L2] OT: Copyright Resources
For my money, there is no "chances of getting caught" argument. It's a
church, and as a church, we should be doing the ethically correct
thing. It's the same as photocopying sheet music, which is strictly
prohibited.
In this case, the pastor wants to use a YouTube video - public
performance, a violation of terms. The video was created using still
pictures obtained without permission - another violation, and music
synchronized with the pictures - another violation, also used without
permission - another violation.
People seem to understand print issues, but not media ones. Myth #1 -
it's on YouTube, it's OK. No, they just didn't get caught yet. Myth #
2 - We're not charging, we're a non-profit, we make no money,etc, so
It's OK. NO. It just makes it less likely that someone will sue you
unless they are looking for an example. Myth # 3 - our blanket
copyright covers us. No, it just covers playback and/or performance.
It doesn't cover synchronization, or duplication rights, and it most
certainly doesn't cover still images you pull at random from the internet.
I told him that IF I get time between now and Sunday, I will re-create a
new, origional work using images I know we have copyright permission on,
and we'll get someone to do the music live, which is covered by our CCLI
blanket license.
Mark
On 9/30/09 9:01 AM, Quinatwork@aol.com wrote:
>
> The other issue you run into is public performance rights. While there
> should be no problem referring someone to a YouTube URL, actually
> going to it
> during a service constitutes a public performance rather than a personal
> use. This has a much larger chance of causing problems.
>
> This brings us to the "chances of getting caught" argument. A lot of
> copyrighted material gets used without permission because the use is
> too small
> to find and/or prosecute. A small congregation in a rural church will get
> away with a lot more than a Saddleback Christian Church. That's
> because the
> Saddleback is big enough for someone to see something they should be
> getting
> paid for.
>
> Something to share with your pastor, all creative works are
> copyrighted at
> creation (with a small group of exceptions that involve government work).
> You don't have to file anything. The artist holds the copyright unless
> it is
> a work for hire, then the entity writing check owns copyright. There are
> several Fair Use exceptions, none of which apply to worship services.
> If it
> were a class or seminar, then some of the Fair Use clauses could
> apply. But
> I doubt a judge would allow a sermon to qualify as fair use.
>
> If he is insistent, let him/her contact the artist and negotiate
> permission.
>
> Quinton Lee, MIS
> Q.A. Lee Consulting
> Helping People and Technology Work Together
>
> In a message dated 9/29/2009 9:58:28 P.M. Eastern Daylight Time,
> MarkM@SR-Pro.com <mailto:MarkM%40SR-Pro.com> writes:
>
> This is probably a good group to ask - I need a place to confirm what I
> already know....
>
> As the resident "video professional" I frequently run the video
> projection system in our church. A new pastor is constantly asking to
> use You Tube clips. As a professional, I know these kids don't get
> permission to use the pictures, or the music, let alone get the
> mechanical rights to combine them - but yet the You Tube Police don't
> seem to be acting, especially on the Christian clips, which makes people
> complacent.
>
> Can anyone point me to a place where I can see this spelled out, so it's
> not just coming from me? Right now everyone thinks I'm just being
> neurotic because I can't show them a legal opinion.
>
> Thanks
> Mark
>
> --
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> Salunga PA 17538
>
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--
Owner/Director
S.R. Film & Video
195 W Broad St
Salunga PA 17538
Cinematography, Still Photography, Copy Writing,
Post Production, Web Hosting & Design
Office: 717-393-5504 ex 142
Cell: 717-203-0976
Fax: 717-393-1833
www.SR-Pro.com <http://www.sr-pro.com/>
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