Re: [DDN] Copyrights

2005-02-25 Thread Taran Rampersad
Dave,

A presentation is a broadcast, for the most part. I'm no lawyer, but
there is probably a legal definition of 'broadcast' which causes the
problem.

In Trinidad and Tobago, I believe the copyright act allows up to 5
people - close family and friends - to listen to a song or watch a
video. More than that is broadcasting. Check your local copyright act. :-)

Dave Pentecost wrote:

>Am I the only one who is confused in this discussion by the use of the
>word "broadcast"? There was no mention in the original post of
>broadcasting these presentations. The use described may still require
>a license, but broadcasting is an entirely different use and requires
>different licenses.
>
>Thanks
>Dave 
>  
>

-- 
Taran Rampersad

[EMAIL PROTECTED]

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Re: [DDN] Copyrights

2005-02-25 Thread Ross Gardler
Dave Pentecost wrote:
Am I the only one who is confused in this discussion by the use of the
word "broadcast"? There was no mention in the original post of
broadcasting these presentations. The use described may still require
a license, but broadcasting is an entirely different use and requires
different licenses.

From the original mail:
"We started doing slide shows at an event highlighting activities for the
year, while playing a CD in the background. Now we have advanced to
creating short videos of the same thing, which are not only shown at a
conference, but shared at board meetings and other gatherings where we
want to showcase what we are doing."
This comes under broadcast as it is a reproduction of the recorded work 
through public address systems.

Ross
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RE: [DDN] Copyrights

2005-02-25 Thread K.G. Schneider
> Your best option is to do as some have suggested, use some music that is
> under a permissive license (like creative commons) or contact the
> copyright holders and ask permission to use it (contact the record label).
> 
> Ross

IANAL (as we librarians say) but I agree with that statement. I've done
copyright, patent and trademark reference and also deal with copyright as
part of my current job managing a public website. My copyright advice in a
nutshell: "Please and thank you are the magic words."  Ask permission and
get it in writing, or use music that is clearly available for the use you
want to put it to.

One podcast, Open Stacks, uses music from the Internet Archives. I believe
that's o.k., if it's a nonprofit podcast; they say the music is available
for "noncommercial, royalty-free circulation." 

Karen G. Schneider
[EMAIL PROTECTED]


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Re: [DDN] Copyrights

2005-02-25 Thread Dave Pentecost
Am I the only one who is confused in this discussion by the use of the
word "broadcast"? There was no mention in the original post of
broadcasting these presentations. The use described may still require
a license, but broadcasting is an entirely different use and requires
different licenses.

Thanks
Dave 


On Wed, 23 Feb 2005 21:20:52 +, Ross Gardler <[EMAIL PROTECTED]> wrote:
> Colin Mutchler wrote:
> > I would add that this is not such a simple issue.  While I am not a
> > lawyer, there are several who have told me that fair use can be applied
> > to a much larger degree that we currently think.  The legal grey area
> > that you find yourself in is one of the failures of our current
> > copyright system, and one that many youth media organizations across the
> > country are facing.
> 
> I am not a lawyer either. However, I did spend eight years in the music
> industry and had many dealings with the Performing Rights Society here
> in the UK. The laws governing this aspect of copyright are some of the
> oldest and most established in law, in fact copyright law in the UK was
> created for music in the first place. There is *no* grey area in this
> aspect of copyright law (assuming you are using music recorded and
> published under the traditional model).
> 
> There are arguments to change the law, but as it stands the law is
> currently clear in that if you do anything with published music that you
> have not been expressly granted a license for then you are are breaking
> the law. Purchasing an average CD or MP3 *does not* give you broadcast
> rights.
> 
> In order to legally broadcast any music in any form you must obtain a
> license. There are sources of music that would give you the right to use
> in the way described, but the original mail seemed to imply they were
> using traditional licensed material.
> 
> Please be under no illusions, the use you described is illegal if the
> only license you have for the music is the act that you purchased a CD
> (I am assuming the CD is licensed under the traditional model, i.e. it
> says "all rights reserved" on it).
> 
> You are unlikely to be prosecuted given there is no profit motive, but
> nevertheless, it is still illegal and permission should be sought.
> 
> Your best option is to do as some have suggested, use some music that is
> under a permissive license (like creative commons) or contact the
> copyright holders and ask permission to use it (contact the record label).
> 
> Ross
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Re: [DDN] Copyrights

2005-02-24 Thread Ross Gardler
Colin Mutchler wrote:
I would add that this is not such a simple issue.  While I am not a 
lawyer, there are several who have told me that fair use can be applied 
to a much larger degree that we currently think.  The legal grey area 
that you find yourself in is one of the failures of our current 
copyright system, and one that many youth media organizations across the 
country are facing.
I am not a lawyer either. However, I did spend eight years in the music 
industry and had many dealings with the Performing Rights Society here 
in the UK. The laws governing this aspect of copyright are some of the 
oldest and most established in law, in fact copyright law in the UK was 
created for music in the first place. There is *no* grey area in this 
aspect of copyright law (assuming you are using music recorded and 
published under the traditional model).

There are arguments to change the law, but as it stands the law is 
currently clear in that if you do anything with published music that you 
have not been expressly granted a license for then you are are breaking 
the law. Purchasing an average CD or MP3 *does not* give you broadcast 
rights.

In order to legally broadcast any music in any form you must obtain a 
license. There are sources of music that would give you the right to use 
in the way described, but the original mail seemed to imply they were 
using traditional licensed material.

Please be under no illusions, the use you described is illegal if the 
only license you have for the music is the act that you purchased a CD 
(I am assuming the CD is licensed under the traditional model, i.e. it 
says "all rights reserved" on it).

You are unlikely to be prosecuted given there is no profit motive, but 
nevertheless, it is still illegal and permission should be sought.

Your best option is to do as some have suggested, use some music that is 
under a permissive license (like creative commons) or contact the 
copyright holders and ask permission to use it (contact the record label).

Ross
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Re: [DDN] Copyrights

2005-02-24 Thread Jacqueline Morris
hi Debbee
You need to pay neighbouring rights, publishing, mechanical,
synchronization and maybe some other rights. In the US, you can
contact the orgs that others have mentioned in previous replies. I'm
not sure if there is an official  "one stop shop" for rights
clearances. There are several companies that do it for a fee.
Very importantly, if you decide to approach the creators of the work,
you will need to get clearances from ALL of the rights holders-  the
songwriter/composer, the performer, and sometimes the various
musicians on the performance. It's easier to go to the organisation
and pay IMO. There are several fee scales, and non-profit and
educational use does get a price break.
For a well-written FAQ, check out http://www.signature-sound.com/11quest.html
They will also do the clearances for you (for a fee, of course).

And  I am thrilled that you are going about this correctly (even if a
bit late...)  and wanting to pay the artists for their work.
Unfortunately you are still in the minority. But every time I see a
question like this I feel better.

Best of luck 
Jacqueline



On Wed, 23 Feb 2005 16:40:41 +0100, Claude Almansi
<[EMAIL PROTECTED]> wrote:
> Taran Rampersad wrote:
> (...)
>  >>Debbee Williams wrote:
> (...)
>  >>>I work for a non-profit organization, we have recently started providing
>  >>>digital arts programs. Creating movies, music, photo manipulation, etc.
>  >>>As part of the movies and some of the multi-media presentations we are
>  >>>doing, we are using music from copyrighted CD's as background. We
>  >>>started doing slide shows at an event highlighting activities for the
>  >>>year, while playing a CD in the background. Now we have advanced to
>  >>>creating short videos of the same thing, which are not only shown at a
>  >>>conference, but shared at board meetings and other gatherings where we
>  >>>want to showcase what we are doing.
> >
> > But there is another option: CreativeCommons makes all sorts of material
> > available under Creative Commons copyrights licenses which allows the
> > uses you appear to need, without having to keep a big stack of letters.
> > Video, audio, text... http://www.creativecommons.org
> >
> 
> Taran, I was going to suggest the same thing when my computer crashed,
> lol. Debbee You can also search for specific content under a Creative
> Commons license, either from the search window in Firefox, or directly
> from the http://creativecommons.org/find/ page, where the search engine
> works with multiple entries.
> 
> BTW, the fact that you thank your sponsors doesn't make your
> presentation commercial.
> 
> You reminded me that the flash presentation of "Percorso Arianna"
> (http://www.vallemaggia.movingalps.ch/arianna/arianna1.html 3.3. Mb - a
> Gender and IT training project) that can be downoladed from
> http://www.vallemaggia.movingalps.ch/arianna/arianna.html also uses
> recorded and probably copyrighted music: they first made a CD-rom of it
> they used in the same way as you, then they slapped the mammoth online.
> I'd better let them know too, so thank you.
> 
> cheers
> 
> Claude
> 
> --
> Claude Almansi
> www.adisi.ch
> 
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-- 

Jacqueline Morris
[EMAIL PROTECTED]
www.jacquelinemorris.com
868-680-1895
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Re: [DDN] Copyrights

2005-02-24 Thread David P. Dillard


EDUCATION: K-12: CLASSROOM ACTIVITIES AND PROJECTS : COPYRIGHT:
RESOURCES: Places to Learn About Use of Resources in the Classroom in
Terms of Copyright and Intellectual Property Issues


One very important resource for getting advice and guidance on copyright
in classroom use of media resources is the CNI-Copyright discussion group
and its archives.  Another pertinent discussion group is the Liblicense-L
list.  CNI-Copyright is inhabited by lawyers and law professors who
specialize in copyright and intellectual property issues and questions
about these issues are entertained on the active list and much discussion
has been recorded on the topic of concern to you in the searchable
archives of the CNI list.


CNI's Copyright Forum



Mailing List [EMAIL PROTECTED]
CNI-COPYRIGHT -- Copyright & Intellectual Property Archive



Liblicense



Liblicense-L List Archives



Another valuable resource for music copyright is the Music Librarians
Association's web page on copyright issues with its links to various
aspects of these issues.


Music Library Association
Copyright for Music Librarians


FAQs
Current Issues
Guidelines
Resources
About Us

Music Library Association Online Resources


This may be of particular interest

Can an academic library that archives the performance recordings of a
music department distribute those tapes/CDs?  If so, to whom and how?


A shorter URL for the above link:




There is this American Library Association resource.


Copyright Advisory Network
http://www.librarycopyright.net/


These internet resources may also be very useful to one in this area.


Copyright Topics on ECP



Music Deals, Music Contract Law, Copyright Law, Free Music Downloads,
Works for Hire, Society's, Angencies, Rights





MUSIC AND COPYRIGHT LAWS



Copyright Free Composition



K-12 PRIMER ABOUT COPYRIGHT LAW



COPYRIGHT AND COPYLEFT





RESOUR> [NetGold] COPYRIGHT: LAWS: United States. Library of Congress.
Copyright Office. AND Websites With Copyright Resources and Information



Music Education Copyright Center



Copyright Resources



Home > Cable Resources for Learning > Copyright and Taping Rights Cable
Resources for Education
Copyright and Taping Rights



Copyright Resources on the Internet
From: Groton Public Schools



Public Domain and Copyright Links
From: Project STAIRS



Resources for Classroom Teaching About Intellectual Property
http://www.create.cett.msstate.edu/create/howto/
Handout_Intellectual_Property_Web_Sites_07-05-04.pdf

A shorter URL for the above link:




INFORMATION POLICY:
Copyright and Intellectual Property
International Federation of Library Associations and Institutions



Copyright Resources
Samford University Library



Sincerely,
David Dillard
Temple University
(215) 204 - 4584
[EMAIL PROTECTED]





World Business Community Advisor




On Tue, 22 Feb 2005, Debbee Williams wrote:


> OK...to quote my frustrated 5 year old nephew, "I need help."

> I work for a non-profit organization, we have recently started providing
> digital arts programs. Creating movies, music, photo manipulation, etc.
> As part of the movies and some of the multi-media presentations we are
> doing, we are using music from copyrighted CD's as background. We
> started doing slide shows at an event highlighting activities for

Re: [DDN] Copyrights

2005-02-23 Thread Ross Gardler
Debbee Williams wrote:
OK...to quote my frustrated 5 year old nephew, "I need help."
I work for a non-profit organization, we have recently started providing
digital arts programs. Creating movies, music, photo manipulation, etc.
As part of the movies and some of the multi-media presentations we are
doing, we are using music from copyrighted CD's as background. We
started doing slide shows at an event highlighting activities for the
year, while playing a CD in the background. Now we have advanced to
creating short videos of the same thing, which are not only shown at a
conference, but shared at board meetings and other gatherings where we
want to showcase what we are doing.
I have tried to locate if this is legal, if it falls under fair use, or
what...but really haven't been able to navigate the US copyright laws
very well.
This is not legal. You are publically broadcasting copytighted material. 
To do this you need license (in the UK it is called a Performing Rights 
Society license, I think that in the US the equivalent is ASCAP 
http://www.ascap.com/about/).

However, if you contact the copyright owners and explain your use you 
will probably find that most will be willing to allow you to do this. 
But to be legal you *must* have this in writing.

Ross
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RE: [DDN] Copyrights

2005-02-23 Thread K Wong \(UVic\)
>From my limited knowledge of US intellectual property laws, the issues
you raise fall under "synchronization rights." When you take a song and
"synchronize" the music to a film or presentation, you need to clear
rights with an agent of the artist or whoever owns the copyright to the
song. The Harry Fox agency used to do this but it seems that they no
longer clear synchronization rights, instead they suggest that you
contact the publishers directly. More info is available below.

If you want to avoid all the hassles, you could simply limit your
artists to using music loops that are public domain. A well known
resource for Flash developers is called FlashKit.

As a caveat, one of my past clients (a non-profit community agency) once
commissioned an unknown artist to create a work for an calendar. The
commission was a modest $150. Subsequently they used the art in a poster
under the same program and the artist threatened to sue them and kicked
up a real fuss. In the end, the artist negotiated a fee of $700 for the
poster. I advise all my clients to clear and manage intellectual
properties as if they were desks, cars, or any other asset. Would you
allow your employees to drive around unlicensed in an unregistered car?
Of course not. It can end up sucking scarce resources when you expect it
least.

Harry Fox Agency
http://www.harryfox.com/public/hfaPurpose.jsp

FlashKit
http://www.flashkit.com/loops/

Kelvin Wong
University of Victoria
Victoria, British Columbia, Canada

-Original Message-
Subject: [DDN] Copyrights

I have tried to locate if this is legal, if it falls under fair use, or
what...but really haven't been able to navigate the US copyright laws
very well.


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Re: [DDN] Copyrights

2005-02-23 Thread Claude Almansi
Taran Rampersad wrote:
(...)
>>Debbee Williams wrote:
(...)
>>>I work for a non-profit organization, we have recently started providing
>>>digital arts programs. Creating movies, music, photo manipulation, etc.
>>>As part of the movies and some of the multi-media presentations we are
>>>doing, we are using music from copyrighted CD's as background. We
>>>started doing slide shows at an event highlighting activities for the
>>>year, while playing a CD in the background. Now we have advanced to
>>>creating short videos of the same thing, which are not only shown at a
>>>conference, but shared at board meetings and other gatherings where we
>>>want to showcase what we are doing.
But there is another option: CreativeCommons makes all sorts of material
available under Creative Commons copyrights licenses which allows the
uses you appear to need, without having to keep a big stack of letters.
Video, audio, text... http://www.creativecommons.org
Taran, I was going to suggest the same thing when my computer crashed, 
lol. Debbee You can also search for specific content under a Creative 
Commons license, either from the search window in Firefox, or directly 
from the http://creativecommons.org/find/ page, where the search engine 
works with multiple entries.

BTW, the fact that you thank your sponsors doesn't make your 
presentation commercial.

You reminded me that the flash presentation of "Percorso Arianna" 
(http://www.vallemaggia.movingalps.ch/arianna/arianna1.html 3.3. Mb - a 
Gender and IT training project) that can be downoladed from 
http://www.vallemaggia.movingalps.ch/arianna/arianna.html also uses 
recorded and probably copyrighted music: they first made a CD-rom of it 
they used in the same way as you, then they slapped the mammoth online. 
I'd better let them know too, so thank you.

cheers
Claude
--
Claude Almansi
www.adisi.ch
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Re: [DDN] Copyrights

2005-02-23 Thread Andy Carvin
Glad you mentioned this, Taran; I also wanted to share the URL for the
creative commons search tool:

http://search.creativecommons.org/index.jsp

This tool allows you to search the Internet for content issued under
creative commons licenses, including audio. I've used it to find music for
use in my podcasts, for example.

I'd also recommend downloading the songs from the Wired/Creative Commons
CD:

http://creativecommons.org/wired/

A dozen or so performers, including the Beastie Boys, Chuck D, David Byrne
and others, agreed to release songs on the CD under a creative commons
sampling license, so Internet users could remix, sample and perform the
songs. I used the CD for all the tracks on my recent podcast about an
interview I did with CNN, and the music made a big difference in how the
podcast turned out:

http://www.andycarvin.com/podcasts/cnn-interview.mp3

thanks,
ac
-
Andy Carvin
Program Director
EDC Center for Media & Community
acarvin @ edc . org

-












But there is another option: CreativeCommons makes all sorts of material
available under Creative Commons copyrights licenses which allows the
uses you appear to need, without having to keep a big stack of letters.
Video, audio, text... http://www.creativecommons.org

--
Taran Rampersad

[EMAIL PROTECTED]

http://www.linuxgazette.com
http://www.a42.com
http://www.knowprose.com
http://www.easylum.net

"Criticize by creating." ? Michelangelo

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Re: [DDN] Copyrights

2005-02-23 Thread Colin Mutchler
I would add that this is not such a simple issue.  While I am not a 
lawyer, there are several who have told me that fair use can be applied 
to a much larger degree that we currently think.  The legal grey area 
that you find yourself in is one of the failures of our current 
copyright system, and one that many youth media organizations across 
the country are facing.

The Listen Up! network (where I am Web Producer, http://listenup.org) 
is currently challenging our groups to use music and footage that they 
have the rights to, precisely so that they can choose to license their 
work with a Creative Commons license ( http://creativecommons.org ) so 
that future generations will not have to deal with this ridiculous 
wrench in the creative process, especially for non profit educational 
organizations like yours.

I have put together a multimedia performance about these issues, which 
I'm taking on a "Free Culture Tour" this Spring to colleges and youth 
media organizations in the US.  Description and details below and at: 
http://freeculturetour.org .

Free Culture is a multimedia performance and lecture by artist and 
intellectual Colin Mutchler that mixes music, images, and spoken word, 
drawing from his personal experience and the internet, that 
demonstrates the complex and entertaining cross section between 
cultural property and freedom.

Take care,
Colin
On Feb 23, 2005, at 9:54 AM, Taran Rampersad wrote:
Agreeing with Ross, and more...
Ross Gardler wrote:
Debbee Williams wrote:
OK...to quote my frustrated 5 year old nephew, "I need help."
I work for a non-profit organization, we have recently started 
providing
digital arts programs. Creating movies, music, photo manipulation, 
etc.
As part of the movies and some of the multi-media presentations we 
are
doing, we are using music from copyrighted CD's as background. We
started doing slide shows at an event highlighting activities for the
year, while playing a CD in the background. Now we have advanced to
creating short videos of the same thing, which are not only shown at 
a
conference, but shared at board meetings and other gatherings where 
we
want to showcase what we are doing.

I have tried to locate if this is legal, if it falls under fair use, 
or
what...but really haven't been able to navigate the US copyright laws
very well.

This is not legal. You are publically broadcasting copytighted
material. To do this you need license (in the UK it is called a
Performing Rights Society license, I think that in the US the
equivalent is ASCAP http://www.ascap.com/about/).
However, if you contact the copyright owners and explain your use you
will probably find that most will be willing to allow you to do this.
But to be legal you *must* have this in writing.
Ross
Concur. In fact, any country with a TRIPs agreement (I think the whole
world...), these laws stick. As Ross suggested, there is a need to get 
a
legal 'license' from the owner of the copyright - which is usually not
the creator (artist, etc) of the work.

But there is another option: CreativeCommons makes all sorts of 
material
available under Creative Commons copyrights licenses which allows the
uses you appear to need, without having to keep a big stack of letters.
Video, audio, text... http://www.creativecommons.org

--
Taran Rampersad
[EMAIL PROTECTED]
http://www.linuxgazette.com
http://www.a42.com
http://www.knowprose.com
http://www.easylum.net
"Criticize by creating." — Michelangelo
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Colin Mutchler, Web Producer
Listen Up! - http://www.listenup.org
Listen Up is a youth media network that connects young video producers 
and their allies to resources, support, and projects in order to 
develop the field and achieve an authentic youth voice in the mass 
media.

Learning Matters, Inc.
6 East 32nd St., 8th Floor
New York, NY 10016
tel: 212.725.7000
fax: 212.725.2433
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Re: [DDN] Copyrights

2005-02-23 Thread Taran Rampersad
Agreeing with Ross, and more...

Ross Gardler wrote:

> Debbee Williams wrote:
>
>> OK...to quote my frustrated 5 year old nephew, "I need help."
>>
>> I work for a non-profit organization, we have recently started providing
>> digital arts programs. Creating movies, music, photo manipulation, etc.
>> As part of the movies and some of the multi-media presentations we are
>> doing, we are using music from copyrighted CD's as background. We
>> started doing slide shows at an event highlighting activities for the
>> year, while playing a CD in the background. Now we have advanced to
>> creating short videos of the same thing, which are not only shown at a
>> conference, but shared at board meetings and other gatherings where we
>> want to showcase what we are doing.
>>
>> I have tried to locate if this is legal, if it falls under fair use, or
>> what...but really haven't been able to navigate the US copyright laws
>> very well.
>
>
> This is not legal. You are publically broadcasting copytighted
> material. To do this you need license (in the UK it is called a
> Performing Rights Society license, I think that in the US the
> equivalent is ASCAP http://www.ascap.com/about/).
>
> However, if you contact the copyright owners and explain your use you
> will probably find that most will be willing to allow you to do this.
> But to be legal you *must* have this in writing.
>
> Ross

Concur. In fact, any country with a TRIPs agreement (I think the whole
world...), these laws stick. As Ross suggested, there is a need to get a
legal 'license' from the owner of the copyright - which is usually not
the creator (artist, etc) of the work.

But there is another option: CreativeCommons makes all sorts of material
available under Creative Commons copyrights licenses which allows the
uses you appear to need, without having to keep a big stack of letters.
Video, audio, text... http://www.creativecommons.org

-- 
Taran Rampersad

[EMAIL PROTECTED]

http://www.linuxgazette.com
http://www.a42.com
http://www.knowprose.com
http://www.easylum.net

"Criticize by creating." — Michelangelo

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RE: [DDN] Copyrights

2005-02-23 Thread Bob J
Debbee,
I believe you should contact BMI or ASCAP.
They can arrange a 'fee' for playing copyrighted music
in public venues.
Bob Johnson
Community Services Director
Productive Alternatives, Inc.
Fergus Falls, MN

-Original Message-
From: Debbee Williams [mailto:[EMAIL PROTECTED]
Sent: Tuesday, February 22, 2005 1:43 PM
To: 'The Digital Divide Network discussion group'
Subject: [DDN] Copyrights



OK...to quote my frustrated 5 year old nephew, "I need help."

I work for a non-profit organization, we have recently started providing
digital arts programs. Creating movies, music, photo manipulation, etc.
As part of the movies and some of the multi-media presentations we are
doing, we are using music from copyrighted CD's as background. We
started doing slide shows at an event highlighting activities for the
year, while playing a CD in the background. Now we have advanced to
creating short videos of the same thing, which are not only shown at a
conference, but shared at board meetings and other gatherings where we
want to showcase what we are doing.

I have tried to locate if this is legal, if it falls under fair use, or
what...but really haven't been able to navigate the US copyright laws
very well.

We aren't using the music for direct financial gain (not selling
anything we create or charging admissions to see), but one could argue
that when we create special thank yous for sponsors to see at the end of
an event or develop digital brochures that tell about programs we are
doing - that in the end we are seeking money/resources to make these
programs happen. Am I making sense? Are you still with me? My concern is
that as we get more involved, we will find out we are doing the wrong
things or that there are some steps in asking for permission or
providing credits that need to be happening.

If anyone knows about copyright laws, where I can find specific
information to assist me or how to explain the laws that may apply to my
situation, I am MORE then interested in hearing from you. I can be
reached at this email address [EMAIL PROTECTED] through Friday,
February 25, and then at [EMAIL PROTECTED] after that.

Thanx for your assistance,

Debbee Williams
AmeriCorp *VISTA Technology Programs Coordinator
Boys & Girls Club of Tulare County
215 W. Tulare Avenue
Visalia, CA 93277
559-625-4422 tel
559-625-1379 fax

www.bgclubtc.org

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