copyright:
http://help.youtube.com/support/youtube/bin/answer.py?hl=en&answer=14345
8
It's not only an issue for you, it's an issue in higher education that
needs further education (no pun intended) - especially outside of formal
classes, which sometimes have a little more leeway due to educational
use exemptions. I'm thinking of meetings, club gatherings, conference
presentations.
Definitive case law on copyright infringement in this specific area in
general is not there yet as far as I can see - at least from some of my
informal searches.
Ron
-------------------------------------
Ronald Loneker, Jr.
Director of Media Services
College of Saint Elizabeth
e-mail: rloneker@cse.edu
From: Avid-L2@yahoogroups.com [mailto:Avid-L2@yahoogroups.com] On Behalf
Of Mark Myers
Sent: Wednesday, September 30, 2009 10:31 AM
To: Avid-L2@yahoogroups.com
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 <mailto:Quinatwork%40aol.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>
<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
>
> --
> 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/ <http://www.sr-pro.com/>>
>
> [Non-text portions of this message have been removed]
>
> ------------------------------------
>
> Search the offical complete Avid-L archives at:
>
> http://archives.bengrosser.com/avid/
> <http://archives.bengrosser.com/avid/>
>
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>
> [Non-text portions of this message have been removed]
>
>
--
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/>
[Non-text portions of this message have been removed]
[Non-text portions of this message have been removed]
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