[videoblogging] Fair Use?

[Richard Amirault]

Found this YouTube video on the Slice of SciFi website. 27 Disney films were 
used to create a tale of Copyright law and fair use.

http://www.youtube.com/watch?v=CJn_jC4FNDo

Richard Amirault
Boston, MA, USA
http://n1jdu.org
http://bostonfandom.org
http://www.youtube.com/watch?v=J7hf9u2ZdlQ 

[videoblogging] Fair Use

[robert a/k/a r]

I noticed a post on Lessig's blog,



he mentions a report re “fair use” from The Center For Social Media.



Their statement of best practices in fair use (.pdf) looks like it's  
intended to make clear what documentary filmmakers currently regard as  
reasonable application of the copyright fair use doctrine.



IMO, It's definitely worth a read.


cheers
r

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[videoblogging] Fair Use

[robert a/k/a r]

Hey all, I sent this last night but it may not have gone through, my  
apologies if this is a duplicate.
-


I noticed a post on Lessig's blog,



he mentions a report re “fair use” from The Center For Social Media.



Their statement of best practices in fair use (.pdf) looks like it's  
intended to make clear what documentary filmmakers currently regard as  
reasonable application of the copyright fair use doctrine.



IMO, It's definitely worth a read.


cheers
r

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[videoblogging] Fair Use principles

[Jay dedman]

Enric sent me this great link:
http://www.eff.org/deeplinks/2007/10/fair-use-principles-ugc

"Here's hoping that these proposals lead to real progress in striking
a balance between the interests of UGC creators, media companies, and
video hosting services."

Its a document that the EFF has prepared to explain how Fair Use
should be dealt with in online video.

"The "Fair Use Principles" document describes a set of concrete steps
that service providers and content owners can and should take to
protect the "remix culture" that has been a foundation for sites like
YouTube. A critical component of the Principles is a detailed
description of a "three strikes" threshold before materials are
automatically blocked. In addition, the document includes a "humans
trump machines" rule, which is to say that users must be afforded the
opportunity to dispute and override the conclusions of automated
identification or filtering mechanisms."

Jay

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Re: [videoblogging] Fair Use?

[Patrick Delongchamp]

WOW!

You can tell the creators really love disney movies.  If only they
loved the company as much.  Unfortunately, that's not as easy.

What an incredible idea and quite a watchable one too.  Something i
wouldn't have expected.

On Fri, Mar 28, 2008 at 8:17 AM, Richard Amirault <[EMAIL PROTECTED]> wrote:
>
>
>
>
>
>
> Found this YouTube video on the Slice of SciFi website. 27 Disney films were
>  used to create a tale of Copyright law and fair use.
>
>  http://www.youtube.com/watch?v=CJn_jC4FNDo
>
>  Richard Amirault
>  Boston, MA, USA
>  http://n1jdu.org
>  http://bostonfandom.org
>  http://www.youtube.com/watch?v=J7hf9u2ZdlQ
>
>  

[videoblogging] Fair Use Experiment

[Michael Sullivan]

from my gmail drafts folder dount i'll do this, but it was a thought.
-

I am thinking of starting a Fair Use Experiment vlog.
I will use copyrighted materials in a non profit manner and promote and
give proper credentials to the copyright holders and/or artists. 
I will offer a blatant Ceise and Desist Form.
I will log all activity.I
will claim that the vlogs using the music or other media is a parody,
even if not resembling what normally is considered to be a a parody.
see: http://dictionary.reference.com/search?q=parody




	  The US Copyright Act provides a fair use clause which allows for
	  reproduction of works which is not an infringement of copyright.
	  The following are used to determine fair use: the purpose and character of the use, including whether such
	  use is of a commercial nature or is for nonprofit purposes;


  the nature of the copyrighted work;the amount and substantiality of the portion used in relation
	  to the copyrighted work as a whole; andthe effect of the use upon the potential market for or value
	  of the copyrighted work.


	
	
"The law gives copyright owners an "exclusive right" to reproduce 
and distribute their work, but it has an exception for "fair use." Fair 
use allows reproduction, quoting, or borrowing for purposes such as commentary, 
criticism, parody, and scholarship."

-- sull- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -http://vlogdir.com -is- The Videoblog Directory


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Re: [videoblogging] Fair use

[Bohus Blahut]

Charles HOPE wrote:

>General fair-use question: if I'm videoblogging inside a car, and the 
>radio is playing, am I legally bound to turn the radio off before 
>turning on my camera?
>  
>
    I've run into this question in documentary filmmaking.  You'll be 
okay as long as the music is just part of the environment - and is not 
the focus of your video.  If you have the radio on, say something like 
"this song really sucks", and then move on from there you should be 
fine.  But using the music as the soundtrack for your whole video blog 
without your adding content on top of it is probably uncool.


-- 
 Bohus Blahut
 (BOH-hoosh BLAH-hoot)

   modern filmmaker







  
  
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Re: [videoblogging] Fair use

[Markus Sandy]

i believe so

but you won't have to worry about this much longer if the RIAA get's 
it's way
it will be automatic

this is someone elses' nightmare scenario, but i like it:

imagine you are with your child and he/she starts to take their first step
you grab your camcorder to capture it
but the child gets too close to the tv
which sends a signal to the camera to stop recording licensed material

sweat


Charles HOPE wrote:

>General fair-use question: if I'm videoblogging inside a car, and the 
>radio is playing, am I legally bound to turn the radio off before 
>turning on my camera?
>
>
>
>
> 
>Yahoo! Groups Links
>
>
>
> 
>  
>


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Re: [videoblogging] Fair Use principles

[Brook Hinton]

This is a fantastic. And I'm so glad the "test suite" videos chosen
are right on the edge instead of obvious examples.

I feel a little less paranoid about my "Raymond" stuff knowing the EFF
is on the same wavelength.
___
Brook Hinton
film/video/audio art
www.brookhinton.com
studio vlog/blog: www.brookhinton.com/temporalab

Re: [videoblogging] Fair Use principles

[Jay dedman]

> This is a fantastic. And I'm so glad the "test suite" videos chosen
>  are right on the edge instead of obvious examples.

agreed.
check out the videos here to see what you think:
http://www.eff.org/pages/UGC-test-suite

>  I feel a little less paranoid about my "Raymond" stuff knowing the EFF
>  is on the same wavelength.

TED has posted the well-known presentation by Lessig (founder of CC)
on how current laws are strangling creativity:
http://www.ted.com/talks/view/id/187

jay

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Re: [videoblogging] Fair Use Experiment

[Stephanie Bryant]

Is that the "easier to get forgiveness than permission" strategy?

I wonder if it would hold up in court against the RIAA's
multi-million-dollar "sue our customers" strategy.

Would the Cease and Desist form be construed by a court of law as
pre-acknolwedgement of guilt?

--Stephanie

On 8/2/05, Michael Sullivan <[EMAIL PROTECTED]> wrote:
>  I am thinking of starting a Fair Use Experiment vlog.
> 
>  I will use copyrighted materials in a non profit manner and promote and
> give proper credentials to the copyright holders and/or artists. 
>  I will offer a blatant Ceise and Desist Form.
>  I will log all activity.
> I will claim that the vlogs using the music or other media is a parody, even
> if not resembling what normally is considered to be a a parody. see:
> http://dictionary.reference.com/search?q=parody

-- 
Stephanie Bryant
[EMAIL PROTECTED]
http://www.mortaine.com



  




  
  
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Re: [videoblogging] Fair Use Experiment

[Michael Sullivan]

right.  the project would prob get me fame and steal my fortune ;-)
the purpose would be to better understand what exactly fair use is.  
it would invite informers, and the results of the activities could be
analyzed and maybe educate us on the realities of Fair Use.

again it was a thought i had prob when drunk at 4am.  

bottom line is, even if i do everything that seems technically proper
and legit to obtain a Fair Use right, if even one company decided to
bring me to court, then i spend money i dont want to spend even if
I were to win the battle.  

anyways, back to my more practical projects

out

sull
 On 8/2/05, Stephanie Bryant <[EMAIL PROTECTED]> wrote:
Is that the "easier to get forgiveness than permission" strategy?I wonder if it would hold up in court against the RIAA'smulti-million-dollar "sue our customers" strategy.Would the Cease and Desist form be construed by a court of law as
pre-acknolwedgement of guilt?--StephanieOn 8/2/05, Michael Sullivan <[EMAIL PROTECTED]> wrote:>  I am thinking of starting a Fair Use Experiment vlog.
>>  I will use copyrighted materials in a non profit manner and promote and> give proper credentials to the copyright holders and/or artists.>  I will offer a blatant Ceise and Desist Form.
>  I will log all activity.> I will claim that the vlogs using the music or other media is a parody, even> if not resembling what normally is considered to be a a parody. see:> 
http://dictionary.reference.com/search?q=parody--Stephanie Bryant[EMAIL PROTECTED]http://www.mortaine.com Yahoo! Groups Sponsor ~-->

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[videoblogging] Fair use in the Digital Age

[Jay dedman]

Two laywers (one from NBC, the other from Columbia law school) are
discussing what "fair use" these days when it come to remixing.
http://bits.blogs.nytimes.com/2008/01/16/830/

NBC laywer says, "fair use is not a "right," a misconception and
misstatement frequently made these days."
you can imagine how the conversation goes from here.

This is a really interesting argument in light of the issue that John
had over at Total Vom:
http://www.detrimentalinformation.com/2008/01/my_legal_struggle_with_christi.html

As ive said before, its strange that it's totally accepted and
encouraged for text bloggers to use text from other sources to build
their own work.
The lawyer from Columbia uses the example of the NY Times Book review
using quotes from books without fear.
This makes for a healthy media ecosystem.
So why would online video be any different?

Jay

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[videoblogging] Fair use (was: Freeplay Music: Warning)

[Charles HOPE]

General fair-use question: if I'm videoblogging inside a car, and the 
radio is playing, am I legally bound to turn the radio off before 
turning on my camera?




  




  
  
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[videoblogging] Fair Use (was: being a youtube star)

[Jay dedman]

On Jan 3, 2008 1:44 PM, noel hidalgo <[EMAIL PROTECTED]> wrote:
> i just love the most recent video... holysnappers! it's time for a blog
> war!!!
> http://www.detrimentalinformation.com/2008/01/my_legal_struggle_with_christi.html

It's like an epic battle of foes.
Im glad it all worked out and everyone came to their senses.
Videobloggers/Youtubers should be able to use each other's work for
parody, comment, etc with appropriate attribution.
just like text blogs, newspapers, and books.

Jay


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Re: [videoblogging] Fair use in the Digital Age

[Lisa Rein]

Hey Jay :-)


so fair use = part or all of a work for the purposes of: criticism,
comment, news reporting, teaching, scholarship or research.

with words on the internet, it's fairly cut and dry.

bloggers are usually criticising, commenting, reporting, teaching or
reserching. it's easy :-)

with something like a remix song, it's less clear perhaps. Does the song
provide a critical commentary on a subject in a way that requires a sample
of the subject in order to make the commentary? etc...

But here's the actual text for fair use, if you're interested:

http://www.copyright.gov/title17/92chap1.html#107
(text from this cut and pasted below)

and here's a little more, from my grad paper on the subject:
http://video.lisarein.com/sfsu/guide/finalpaper4-12.html#fair_use

best,

lisa


http://www.copyright.gov/title17/92chap1.html#107

§ 107. Limitations on exclusive rights: Fair use40

Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether the use made of a work
in any particular case is a fair use the factors to be considered shall
include —

(1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the
copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the above factors.



> Two laywers (one from NBC, the other from Columbia law school) are
> discussing what "fair use" these days when it come to remixing.
> http://bits.blogs.nytimes.com/2008/01/16/830/
>
> NBC laywer says, "fair use is not a "right," a misconception and
> misstatement frequently made these days."
> you can imagine how the conversation goes from here.
>
> This is a really interesting argument in light of the issue that John
> had over at Total Vom:
> http://www.detrimentalinformation.com/2008/01/my_legal_struggle_with_christi.html
>
> As ive said before, its strange that it's totally accepted and
> encouraged for text bloggers to use text from other sources to build
> their own work.
> The lawyer from Columbia uses the example of the NY Times Book review
> using quotes from books without fear.
> This makes for a healthy media ecosystem.
> So why would online video be any different?
>
> Jay
>
> --
> http://jaydedman.com
> 917 371 6790
> Professional: http://ryanishungry.com
> Personal: http://momentshowing.net
> Photos: http://flickr.com/photos/jaydedman/
> Twitter: http://twitter.com/jaydedman
> RSS: http://tinyurl.com/yqgdt9
>


Lisa Rein

http://onlisareinsradar.com
http://www.lisarein.com

Re: [videoblogging] Fair use in the Digital Age

[Jay dedman]

>  so fair use = part or all of a work for the purposes of: criticism,
>  comment, news reporting, teaching, scholarship or research.
>  with words on the internet, it's fairly cut and dry.
>  bloggers are usually criticising, commenting, reporting, teaching or
>  reserching. it's easy :-)
>  with something like a remix song, it's less clear perhaps. Does the song
>  provide a critical commentary on a subject in a way that requires a sample
>  of the subject in order to make the commentary? etc...

so im making a video about the tech scene in San Francisco.
Can I use snippets of people's videos from tech parties in my
commentary on the SF scene?
this would be like me grabbing text snippets from people's blogs to
show the ideas in the community.
attribution is of course given as it would be in a text blog.

My point is that there seems to be an idea that online videos are like
individually wrapped movies not to be touched, instead of pieces of a
large conversation we can all use to talk to each other.

This "watch but dont touch" mentality is being firmly entrenched in
our minds with Youtube leading the way since there is no easy way to
grab a Youtube video from the site. Youtube being the largest video
site has the greatest impact on how we understand correct interaction.

So as creators, our relationship is this:
you make a video. I watch.
I make a video for you to watch.
We do not use each others videos.
if you replaced "text" where I said "video", you would not have
blogging as we know it today.

Jay


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Re: [videoblogging] Fair use in the Digital Age

[B Yen]

On Jan 17, 2008, at 2:27 AM, Jay dedman wrote:

>>  so fair use = part or all of a work for the purposes of: criticism,
>>  comment, news reporting, teaching, scholarship or research.
>>  with words on the internet, it's fairly cut and dry.
>>  bloggers are usually criticising, commenting, reporting, teaching or
>>  reserching. it's easy :-)
>>  with something like a remix song, it's less clear perhaps. Does  
>> the song
>>  provide a critical commentary on a subject in a way that requires  
>> a sample
>>  of the subject in order to make the commentary? etc...
>
> so im making a video about the tech scene in San Francisco.
> Can I use snippets of people's videos from tech parties in my
> commentary on the SF scene?
> this would be like me grabbing text snippets from people's blogs to
> show the ideas in the community.
> attribution is of course given as it would be in a text blog.
>
> My point is that there seems to be an idea that online videos are like
> individually wrapped movies not to be touched, instead of pieces of a
> large conversation we can all use to talk to each other.
>
> This "watch but dont touch" mentality is being firmly entrenched in
> our minds with Youtube leading the way since there is no easy way to
> grab a Youtube video from the site. Youtube being the largest video
> site has the greatest impact on how we understand correct interaction.

Try Download Helper (Firefox extension):

http://www.downloadhelper.net/index.php

I've become a fan of Youtube (because of cool music videos, for  
entertainment) & download videos before they get removed by Youtube.

I actually used DWHelper to download the .flv, & use iSquint to  
transcode them to .m4v iPod compatible videos for viewing on an iPod.


I don't quite understand the question.  Everyone is able to embed  
Youtube videos in blogs & BBS forums.  Doesn't that solve your "grab  
a Youtube video from the site"?


Sidenote:
1 of the Youtube founders (the one that went to Stanford grad school/ 
Computer Science) is from my alma mater

[ Univ of Illinois, the team that got CREAMED by USC on Jan 1 in the  
Rose Bowl.  See http://www.jumplive.com/08rosebowl/index.html  ]


>
> So as creators, our relationship is this:
> you make a video. I watch.
> I make a video for you to watch.
> We do not use each others videos.
> if you replaced "text" where I said "video", you would not have
> blogging as we know it today.
>
> Jay
>
>
> -- 
> http://jaydedman.com
> 917 371 6790
> Professional: http://ryanishungry.com
> Personal: http://momentshowing.net
> Photos: http://flickr.com/photos/jaydedman/
> Twitter: http://twitter.com/jaydedman
> RSS: http://tinyurl.com/yqgdt9
>
>
>
> Yahoo! Groups Links
>
>
>
>

Re: [videoblogging] Fair use (was: Freeplay Music: Warning)

[Michael Sullivan]

if you tell a joke and make fun of the song, you should be ok =)
On 8/2/05, Charles HOPE <[EMAIL PROTECTED]> wrote:
General fair-use question: if I'm videoblogging inside a car, and theradio is playing, am I legally bound to turn the radio off beforeturning on my camera? Yahoo! Groups Sponsor ~-->

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Re: [videoblogging] Fair use (was: Freeplay Music: Warning)

[Andreas Haugstrup]

On Tue, 02 Aug 2005 20:17:37 +0200, Charles HOPE <[EMAIL PROTECTED]>  
wrote:

> General fair-use question: if I'm videoblogging inside a car, and the
> radio is playing, am I legally bound to turn the radio off before
> turning on my camera?

General answer: It depends.

Depends on (among other things):

  - What country you're in.
  - How long the song is being played.
  - How big a role the song has in your video.
  - If it's a newsworthy event[*]

And so on. There is no final answer, it's all case-by-case (as it should  
be).

[*] Interesting story: The royal wedding between the Danish prince Joachim  
and his bride Alexandra was a huge thing in Denmark (naturally). It was  
broadcast live on both major networks for God knows how many hours. No one  
cared about copyrights because Danish legislation has a clause similar to  
the US about newsworthyness. However when Denmark's Radio (DR) wanted to  
rebroadcast the whole thing they had a hell of a time. The even was no  
longer newsworthy (this being several months after the wedding) and  
securing rights from something as stupid as the band who played at the  
ball almost cancelled the rebroadcast.

- Andreas
-- 
http://www.solitude.dk/>
Commentary on media, communication, culture and technology.



  




  
  
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