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January 8th, 2009, 12:31 PM | #16 | |
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As a general proposition, posting protected expression on YouTube without permission is not Fair Use. Without seeing the clip in question, as well as the DVD from which it is extracted, I couldn't give an opinion. Incidentally, are you obtaining rights to the music used to accompany the dancers? |
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January 8th, 2009, 12:34 PM | #17 | ||
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January 8th, 2009, 12:36 PM | #18 | |
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January 8th, 2009, 12:43 PM | #19 | ||||
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January 8th, 2009, 12:47 PM | #20 | |||
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January 8th, 2009, 01:12 PM | #21 | |||
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The issues I was raising, rather inartfully, was about rights to sell video of the performances and the actual filming of the children without parental consent. While I haven't researched the law, if Videographer Al talks to Dance school owner Betty, and gets permission to film a dance recital and produce a Disk for sale to her customers, does he need to assure he has right to video tape those performances and profit from them, with respect to the individual performers? This is an issue always in the back of the mind of event videographers, especially at school events.
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Chris J. Barcellos Last edited by Pete Bauer; January 8th, 2009 at 01:53 PM. |
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January 8th, 2009, 01:34 PM | #22 | |
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I agree that most atorneys don't abuse the system, but others make a career of it (to put it bluntly the law and "privilege" grants them far more leeway than anyone should have), and for Jerry's sake, thought it important to point out. No one needs legal hassles, and an attorney who will wave his status in your face and threaten you with it is a red flag - don't do business or be prepared to defend yourself. Just a word to the wise. FWIW, I've got lots of attorneys I consider to be friends, and who I know to be ethical... so don't take it personally <wink>! |
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January 8th, 2009, 01:58 PM | #23 |
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Paul,
Thanks for weighing in, you're thoughts are always valued and appreciated. |
January 8th, 2009, 04:50 PM | #24 | ||||
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January 8th, 2009, 05:33 PM | #25 |
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Is it -her- kid in the video?
Personally, I think you may have legal ground to stand on, but not moral ground. It would be one thing if she put the entire DVD online, but just the parts with -her- daughter in it aren't enough to get snippy about. It would be one thing if she asked for a custom package (a service you provide) and then didn't pay you. This is more like: "My daughter was in a movie! I'm so proud of her!" kind of thing. You could ask them to take it down, and you might win, but then you're the guy who made a six year old girl cry. It's a bad situation, and one of the reasons I avoid children. I'd just go ahead and let them have it, just make sure that you're properly credited as the photographer, with a link to where they can buy the full video, and chalk it up to some publicity.
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January 8th, 2009, 06:43 PM | #26 |
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Wow. I am officially over it, but I appreciate the enthusiasm with which you have all participated in this discussion! I have come to the conclusion that this was a silly thing for me to get upset about. There are much bigger fish to fry.
For the record, the daughter was mortified at the prospect of being posted on YouTube. She HATED her performance. This was all about the mom. I don't mind the kids. It's the CRAZY MOMS that I want to avoid! |
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