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Old March 10th, 2004, 09:30 AM   #1
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Music Rights?

Hi All!

I have a personal video that I did for a friend that is going
off to hike the AT for 6 months. (2200 miles long)

Problem is I have used a copyrighted song ... Which I have purchased (Not from Itunes Bottlecaps) Via CD.

Is it ok to post this on My website?

Someone told me that puting the (C) at the end of the video would do the trick.... but somehow I don't think this is true

Thanks

Chris!
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Old March 10th, 2004, 09:41 AM   #2
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It is definetly not OK to use someone else's music without their permission. Read the FAQ at the top of this forum to get more details or do a search of the topic.

You'll need to either purchase the rights to the music, or use another song you have the rights to. Anything else would be a violation of existing copyright law. Sorry.
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Old March 10th, 2004, 10:59 AM   #3
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Thanks....

So even showing this to my (Personal use) friends and family is going to be
against the law??!

Just wondering because of the numerous Microsoft Halo FAN videos posted on FilePlanet.com are using copyrighted songs. Looks like fileplanet and many others have given there blessing to posting these.
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Old March 10th, 2004, 11:36 AM   #4
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Technically, yes, it's against the law. Chances of getting caught are slim, but the web has a huge audience and you never know who might just see it and decide to sue.
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Old March 10th, 2004, 12:09 PM   #5
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Here is a quote from Paul Tauger:

"Under the AHRA, the act of copying music for personal use is immune to suit. However, no one has yet tested whether the AHRA applies to copying music to video; perhaps it would apply, perhaps not"

from http://www.dvinfo.net/conf/showthrea...&threadid=9613

(*AHRA is the American Home Recording Act)


I am not a lawyer, but I like to read up on copyright...

It is *possible* (using the above quote as a reference) that you are not violating any laws if you make one videotape using copyrighted music (music which you have purchased, via CD for example); keep this videotape at home; and only show it to your immediate family.

I think you start to court trouble when you upload it to your website -- this is considered "publication" of the work, and then falls outside of the AHRA. A website is a publication available for the whole world to see -- copyright laws, libel laws, and all other sorts of laws start to apply to you in a way they don't in your living room.
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Old March 10th, 2004, 03:00 PM   #6
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Are you posting this on a public website, or just showing it to your family and friends?

If it's the former there'd be serious problems. Just because other people are doing it and getting away with it doesn't make it legal.

Anyway, I wish I had a dime for every wrong bit of copyright information I hear. Put a (c) after it and you're ok. Jesus.
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Old March 10th, 2004, 03:40 PM   #7
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I have not posted it... and will not. :? Just showing it to the friends and family.

I just respect the Artist ... I think I will eamil them and see what happens.

Chris
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Old March 10th, 2004, 05:58 PM   #8
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Personally, I think that if you're just making a single VHS (or DVD) to show to your family or to just give to your one friend who is leaving, then I'd just use the song and don't contact the artist.


I'm usually one to tell people to try to abide by copyright law -- but that is because I believe artists should have the right to control derivative uses of their work. But making a video tape for your family is not what I'd consider a serious derivative work -- it's more akin to listening to a song while thinking about a baseball game; I don't expect an artist to come pounding on my door, declaring, "I did not intend for my song to accompany a baseball game! Stop thinking right now!"

While such personal videographic use of music you have purchased legally may be a grey area, I'd say you're better off not contacting the artist. As long as you are not publishing this work to the web (or any other outlet), you'll be fine (or at least, under the radar)

Not legal advice, just my opinion...
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Old March 14th, 2004, 09:36 PM   #9
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Check out this thread.

This addresses some issues regarding fair use laws.

http://www.dvinfo.net/conf/showthrea...threadid=15505

Good luck.

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