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Dirty-South Blues Harp forum: wail on! >
Tracy Manning iTunes app selling Gussow vids
Tracy Manning iTunes app selling Gussow vids
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kudzurunner
5239 posts
Jan 13, 2015
3:02 PM
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Hey folks, I'd like to know what you-all think about this:
Learn to Play Harmonica app at iTunes
Jason Jones, operations director at Harmmonica.com, says that JP Allen has nothing to do with this. In fact, his photo is being used illegally (as is Christelle's, I gather) to sell the app.
I haven't purchased the app, but it's clear (and Jason said this) that a number of the 176 videos bundled into the app are my YouTube videos.
My videos are still all posted on YouTube and freely available. But surely I retain a copyright of some sort--and have the right to dictate who may sell them? Don't I?
What would YOUR next move be, if you were in my shoes?
Edited to add: Here's the list. My videos constitute only 8 out of 176 videos. Who are the others by?
Edited again to add: LEE SANKEY. Aren't the great majority of these by Lee Sankey?
Which Harmonica Should I Buy
Learn Blues Harmonica in Weeks NOT
3 Exercises for High Low Transitions Blues Harmonica Lesson
Blues Harmonica Lesson - Improve Your Tone
Blues Harmonica Lesson - TONGUE TREMOLO PART 1
Blues Harmonica Lesson - TONGUE TREMOLO PART 2
7 Themes for Intermediate Blues Harmonica Players PART 1
7 Themes for Intermediate Harmonica Players PART 2
7 Themes for Intermediate Harmonica Players PART 3
Advanced Harmonica Vibrato - sweet vibrato on bends like Sonny Boy Williamson
Blues Harmonica Lesson - Get A Bigger Acoustic Tone
Harmonica Model Review The Powerbender
Play Like A Harmonica Pro 1 Build Tension Hold the 5 Chord
Play Like A Harmonica Pro 2 The Location of Notes in Time
Play Like A Harmonica Pro 3 Add Flourishes to Your Blues Licks
Play Like A Harmonica Pro 4 Head Rolls and Trills
Bends and Head Rolls Song Blues Harmonica Lesson
Harmonica Bending Exercises 1 - 1st Position Low Register
Harmonica Bending Exercises 2 - Using The Throat to Bend Notes
Harmonica Bending Exercises 3 Draw 3 Bends
Improving Harmonica Octaves 1 Blues Harmonica Lesson
Improving Harmonica Octaves 2 Blues Harmonica Lesson
Harmonica Tongue Blocking 1 - 5 Reasons To Learn It
Harmonica Tongue Blocking 2 - Bends Overblows and Overdraws
Harmonica Tongue Blocking 3 - Playing Single Notes
Harmonica Tongue Blocking 4 - Integrating with Lip Pursing
Harmonica Tongue Blocking 5 - William Clarke Example
Harmonica Tongue Blocking 6 - Getting Around and Jumping Intervals
Harmonica Tongue Blocking 7 - How to Bend Part 1
Harmonica Tongue Blocking 8 How to Bend Part 2
Harmonica Tongue Blocking 8 - Bringing It Altogether Part 1
Harmonica Tongue Blocking 10 - Bills Blues Part 1
Harmonica Tongue Blocking 11 - Bills Blues Part 2
Blues Harmonica Solo - Bills Blues
Harmonica Tongue Blocking 12 The Low Register Part 1
Harmonica Tongue Blocking 13 - Awesome Draw 3 Bending tune exercise
Harmonica Tongue Blocking 14 - Low Register Phrases Part 1
Harmonica Tongue Blocking 15 - Low Register Phrases Part 2
Harmonica Tongue Blocking 16 - Low Register Phrases Part 3
Harmonica Tongue Blocking 17 - Low Register Phrases Part 4
Harmonica Tongue Blocking 18 - Low Register Blues
Harmonica Tongue Blocking 19 Twelve Bar Blues V Chord Intro
Harmonica Tongue Blocking 20 Twelve Bar Blues the I Chord
Harmonica Tongue Blocking 21 Twelve Bar Blues the IV Chord
Harmonica Tongue Blocking 22 Twelve Bar Blues I IV Transitions
Harmonica Tongue Blocking 23 Twelve Bar Blues V and IV Chords
Harmonica Tongue Blocking 24 Twelve Bar Blues Riffs for V IV Chord Change
Country Blues Harmonica 1 - Foundational Breathing and Tone
Country Blues Harmonica 2 - Sonny Terry Basic Rhythm
Country Blues Harmonica 3 - Adding A Push Basic Rhythm
Country Blues Harmonica 4 - How to not run out of breath Basic Rhythm
Blues riff walkthrough - Tell Me Theres A Sun
Big Walter Horton Louise - Blues Harmonica Lesson
The Two Most Important Music Lessons Really
The Joyous Disciples of the Blues Harmonica Gussow041
The Joyous Disciples of the Blues Harmonica - Gussow042
Blues Harmonica Secrets Revealed Gussow043
Blues Harmonica Secrets Revealed Gussow044
Modern Blues Harmonica - Warbles 1 Gussow045
Modern Blues Harmonica - Warbles 2 Gussow046
Modern Blues Harmonica - Train Grooves 1 Gussow047
Modern Blues Harmonica - Train Grooves 2 Gussow048
Last Edited by kudzurunner on Jan 13, 2015 3:05 PM
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BronzeWailer
1577 posts
Jan 13, 2015
3:15 PM
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It seems a dubious, misleading practice at the very least. If it was my videos, I would let Tracy Manning know I was unhappy they were being used without my permission, and perhaps demand a cut of the proceeds as recompense or demand that they remove them. If I failed to get a satisfying response I would block the app from accessing my vids. (I don't have much experience blocking other users, but I did it to one guy who was posting offensive comments.)
BronzeWailer's YouTube
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Frank101
54 posts
Jan 13, 2015
3:40 PM
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If you are the creator of a video that is on youtube, you own that video. Some guy can't just come along & start selling it to other people without your okay.
If I was in your shoes, I'd be strolling over to Ole Miss Law to ask your colleagues there for advice. Seems like it might be a pretty interesting Intellectual Property issue.
Last Edited by Frank101 on Jan 13, 2015 3:46 PM
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Rontana
22 posts
Jan 13, 2015
3:43 PM
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I would first contact Google, informing them that Tracy Manning is using your Youtube work (for profit) without consent. I doubt they would condone this. The same goes for Apple and iTunes. Probably be more effective if contact was made on behalf of everyone whose work was pilfered. Strength in numbers.
In the print world, this would be copyright infringement (at best) and a lawyer's dream lawsuit if the publisher was large enough. I'm assuming the creator owns copyrights on Youtube vids, but has anybody ever read the fine print? God only knows what's in there.
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Marr's Guitars
Offering custom-built Cigar Box Guitars for the discriminating player of obscure musical unstruments
Last Edited by Rontana on Jan 13, 2015 3:44 PM
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Philosofy
642 posts
Jan 13, 2015
3:58 PM
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Write an app review mentioning these things.
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timeistight
1674 posts
Jan 13, 2015
4:09 PM
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Go to the iTunes Content Dispute page and submit an intellectual property right infringement claim.
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Komuso
459 posts
Jan 13, 2015
5:26 PM
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The app is Size: 7.1 MB so the videos are not bundled in it, he/she is linking to them.
Looking at the rest of the apps seems to be their business model.
It's unethical and misrepresenting to say the least, similar to web sites that scrape content and try to pass it off as their own.
If it was free I'd probably give it a pass as an information site and free advertising, but as they are paid I'd go nuclear for monetizing other peoples content with no value add or revenue share.
I'd do timeistight's iTunes content dispute suggestion, as well as contact the other content producers and blitz their contact page with your anger http://www.traceymanningapps.com/support/
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
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GMaj7
593 posts
Jan 13, 2015
7:28 PM
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For a season - maybe a week or two - put all your videos on PRIVATE. It will mess with his app. If folks pay and don't have access, they will complain to him. Alternately, put some randomly on private. You can reverse this in a week or two.
You can also amend your videos to some extent and put text in the body that says they are FREE. This will let the viewers who paid know they were hosed.
Hope this helps and thanks for all you do for the forum and blues harp!
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Greg Jones
16:23 Custom Harmonicas
greg@1623customharmonicas.com
1623customharmonicas.com
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kudzurunner
5240 posts
Jan 13, 2015
7:36 PM
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Gmaj7: I like your idea. It's only 8 videos. I'm going to do that tomorrow. Very shrewd.
But I'm also going to do as timeistight, Rontana, and others suggest and file a formal complaint.
Komuso, that word "scrape" is exactly the right word. Somebody is trying to scrape and bundle content, not their own, and make small change, hoping it'll scale up.
Last Edited by kudzurunner on Jan 13, 2015 7:38 PM
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technosculpt
4 posts
Jan 13, 2015
7:45 PM
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This is sleazy, to put it lightly.
Filing a complaint, or list of complaints, is definitely warranted.
Going forward, any new videos you create you might just want to mention to your viewers that if they paid to get access to these then they've been robbed.
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Komuso
460 posts
Jan 14, 2015
12:31 AM
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Kudzu, you might also want to check https://itunes.apple.com/us/app/learn-to-play-harmonica/id765354752?mt=12
I'm not sure if they have any of yours but it looks similar. Don't know if it's a scraper app or collaboration or what though.
I noticed a bunch of these pop up about 6 months or so ago but I didn't look closely at the video list at the time.
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
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A440
297 posts
Jan 14, 2015
9:27 AM
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I'm not an expert on this type of thing, but I assume that videos posted on YouTube are in the public domain, so an ap that aggregates them would not be breaking any law. It is simply charging for the convenience of not having to search for all the vids.
Also, a related thought... I would not be surprised if google has ownership rights to all the videos which are on YouTube. I remember a few years ago reading that google had rights to anything you put in google docs. Maybe they have changed it, but its worth reading the fine print in the agreement if you are loading content.
Last Edited by A440 on Jan 14, 2015 9:28 AM
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GMaj7
594 posts
Jan 14, 2015
1:43 PM
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I thought about this some more but couldn't articulate it the way A440 did.
Aggregation is pretty common out there and most content publishers like to have their stuff picked up.
Why? Clicks$$.. When content is monetized the creator can make $$.
I think all this guy is really doing is putting vids together by topic and selling his research.
I would just set up an AddSense account and monetize your vids..if you get some interaction off of it, you might bet a beer check in the mail someday.
Thx 440 for your thoughts.. and I agree..
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Greg Jones
16:23 Custom Harmonicas
greg@1623customharmonicas.com
1623customharmonicas.com
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Frank101
55 posts
Jan 14, 2015
2:29 PM
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"... videos posted on youtube are in the public domain ..."
No they are not.
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Komuso
461 posts
Jan 14, 2015
9:57 PM
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@A440 & @GMaj7
You're both wrong. And like business's that web scrape and use spinners to "rewrite" other peoples' work, just because you can do something doesn't mean you should.
The good thing is while scrapers may steal your content and try to pass it off as their own (aggregating web links with no value added is NOT research btw) one thing scrapers can't do is steal your brand identity and credibility.
Google's TOS
6. Your Content and Conduct
As a YouTube account holder you may submit Content to the Service, including videos and user comments. You understand that YouTube does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the YouTube Community Guidelines, currently found at http://www.youtube.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
YouTube does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content. YouTube does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YouTube will remove all Content if properly notified that such Content infringes on another's intellectual property rights. YouTube reserves the right to remove Content without prior notice.
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
Last Edited by Komuso on Jan 14, 2015 9:59 PM
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A440
300 posts
Jan 14, 2015
10:35 PM
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This sounds like someone has the right to aggregate videos in an ap:
"You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service"
Last Edited by A440 on Jan 14, 2015 10:36 PM
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Komuso
462 posts
Jan 14, 2015
10:48 PM
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key phrase is "under these Terms of Service"
"YouTube does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YouTube will remove all Content if properly notified that such Content infringes on another's intellectual property rights."
While "copyright infringing activities" is usually taken to mean uploading cover videos passing someone's work off as your own is also infringement of copyright, charging for it is rubbing salt into the wound.
We're not talking about linking or embedding a couple of videos from someone else in a blog post talking about the topic while adding extra value and giving credit.
If the apps were free and had a prominent notice saying as much to the effect it really wouldn't be an issue, free advertising and a public service.
and yes, Google and all the other music aggregators have been royally screwing musicians for years getting ad income using the same strategy with free music content.
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
Last Edited by Komuso on Jan 14, 2015 11:04 PM
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A440
301 posts
Jan 15, 2015
12:06 AM
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I think this is win/win.
For the user: this app packages a nice collection of videos from some of the leading teachers, in an easy-to-use format. This makes it much easier to follow a sequence of lessons, avoid wasting time on bad videos, and be able to easily return to videos.
For the teachers (Adam, Lee, Jason, Christelle, etc.): the app increases traffic on your video, builds your brand as a leading teacher, and will create additional demand for your other products and services. And it does not cost you a penny!
I think you should send a note to Tracy Manning THANKING her for inclusion in this new app. The app is marketing you.
If she makes a few hundred dollars on it, it is deserved, in light of the work done to research, build, and market the app. It provides real value to the user.
Last Edited by A440 on Jan 15, 2015 12:12 AM
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Gipsy
122 posts
Jan 15, 2015
12:08 AM
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This sounds very complicated, and even if it's not illegal in the strict sense of the word, it's surely just plain wrong to the ordinary person like me.
Just a thought. Does anyone have the knowledge to assist Adam to develop his own App. Or perhaps give an estimate of cost. It occurs to me that an App would allow Adam to offer his already free videos to the general public, and also allow in App purchase of his other material.
I suspect this may be an expensive way of dealing with this problem, but might give a long term solution.
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Komuso
463 posts
Jan 15, 2015
12:15 AM
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I'd re-edit them with an intro saying if you paid for this free video you have been ripped off and should ask for a refund, plus write a -ve review to warn other potential buyers.
Curation is different and is a great service when done correctly.
Charging for aggregation of freely available content links with no value add apart from sorting the list is dirty pool and people who do that need to be bitch slapped.
I don't see it as being good advertising when the content creator is being pissed on by ripping them off so obviously.
Actually if you look there's a bunch of these harp tutorial video lists all copying each other with nothing to add.
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
Last Edited by Komuso on Jan 15, 2015 12:16 AM
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nacoran
8216 posts
Jan 15, 2015
12:16 AM
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The devil may be in the details. Lots of sites 'sell' links, either by putting them behind a paywall or by running ads next to them- Reddit, Fark, etc. basically are lists of links to other sites content. As long as they are only posting links to things you've made free they are probably in the clear. If they post the actual content though, they are infringing. In a way, Google/YouTube is doing the same thing. They sell ads next in results next to searches that turn up your videos. They provide more bang for your buck though, because they also host your videos for free. I don't think you are losing revenue on the deal, and it might actually get you more hits. That said, charging people for something that they can get free is pretty sleazy. They seem to be taking advantage of people who might buy the app. I like the idea of adding a tag in the video saying 'this video is free, if you are paying to watch it you are being ripped off'. I also like JustFuya's idea of imprinting a link on the freebies to something to produce revenue for you.
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Nate
Facebook
Thread Organizer (A list of all sorts of useful threads)
First Post- May 8, 2009
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Komuso
464 posts
Jan 15, 2015
12:31 AM
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Ultimately legal terms of service etc don't mean zip if you don't have the funds to sue (as JustFuya points out)
Lots of small companies who thought their expensive patents would protect them regularly get shafted by big companies with deep pockets who intentionally infringe because they know the small company can't fight them.
One way to fight back is by community, and trash their brand. That always hurts them.
@A440 re: I think this is win/win.
I can't disagree more. IF they had approached the content creators in the beginning and said something like hey I want to help promote you by including you in my app, blah blah blah then yes.
How hard is that? How many creators are in those lists? Not that many.
They deliberately avoided doing that.
Now, what does that tell you about them in terms of business style and trustworthiness?
And fwiw unless you have the right analytics and skills to interpret them in place you can't actually tell if they are actually helping you.
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
Last Edited by Komuso on Jan 15, 2015 12:35 AM
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A440
302 posts
Jan 15, 2015
4:34 AM
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@komuso re: "I'd re-edit them with an intro saying if you paid for this free video you have been ripped off and should ask for a refund, plus write a -ve review to warn other potential buyers."
I have the opposite view. I do not think it is a rip-off, if good videos have been selected. I would happily pay the price of a cup of coffee to have an easy interface to all these videos. Yes, the videos are free on YouTube, but it would take hours/days to find them. And then find a way to file them for quick/easy repeat access...
Searching YouTube is tedious, especially on a mobile device. So I don't think this user interface app is a rip-off, and in fact, I think I will buy it. I will likely discover some good videos from Adam, Lee, and co., which I have not already stumbled upon.
Last Edited by A440 on Jan 15, 2015 4:47 AM
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kudzurunner
5242 posts
Jan 15, 2015
5:17 AM
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Has anybody actually purchased and/or used the app? Does it simply direct people to selected YouTube videos? Or does it actually contain downloads of those videos?
I hear what A440 is saying. If it's doing the former, then it's simply a low-cost way of suckering people into paying for what YouTube provides right now. I could, if I wanted, easily search out those 176 videos and create a playlist containing them all, in exactly the same order as the app. Then people could simply create a bookmark in their iPhone for that playlist.
If that's all the app does, then in effect it's asking people to pay for a curated bookmark. I'm not sure how my intellectual property rights are being trampled on. But perhaps they are.
On the other hand, if it actually contains downloaded videos, then it does feel to me as though some line has been crossed.
I don't have an iPhone, so I don't want to pay for the app and find out.
Last Edited by kudzurunner on Jan 15, 2015 5:19 AM
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Komuso
465 posts
Jan 15, 2015
5:25 AM
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Hard to find?
Adam Gussow
Also see the "Related channels on YouTube" to the right
Channel owners can easily create playlists comprising curated selections targeted at different user levels, and if they aren't then they should be.
>>So I don't think this user interface app is a rip-off, and in fact, I think I will buy it
Good for you! Be nice if you also tipped the original creators, seeing as they put the bulk of actual work into teaching you something.
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
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Komuso
466 posts
Jan 15, 2015
5:40 AM
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As I mentioned at the start:
The app is Size: 7.1 MB so the videos are not bundled in it, he/she is linking to them. afaik.
"If that's all the app does, then in effect it's asking people to pay for a curated bookmark. I'm not sure how my intellectual property rights are being trampled on. But perhaps they are. "
If it's plain that it's a curated list then they're not per se. It depends how comfortable you are with the argument that you are getting "free exposure".
I know! Maybe I should do one!
It sounds like an easy app to make, no content to develop at all, just a UI.
Thanks for the idea!
..
[joke]
"if I wanted, easily search out those 176 videos and create a playlist containing them all, in exactly the same order as the app. Then people could simply create a bookmark in their iPhone for that playlist. "
Exactly. And because it's html, it's readable on any device and doesn't have to go through Apple's bs "review" process to update. You can simple edit and the new version is instantly available. The OSX guy is charging $10 for his list with less apps.
There's content sharing, then there's content...sharing
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
Last Edited by Komuso on Jan 15, 2015 5:57 AM
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Rontana
24 posts
Jan 15, 2015
6:43 AM
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I live in an old-fashioned mindset, so the ethics of this seem simple. I don't really care about "win-win" or exposure or legal technicalities. It's all just a question of right or wrong.
The earliest lessons people learn (hopefully) have to do with the concept of "keep you mitts off other people's stuff" and "don't take something that's not yours without first asking permission." The internet age, at times, seems to have muddied the ethical waters for folks.
I'll go back into my buggy-whip and Walton's mountain fugue state now.
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Marr's Guitars
Offering custom-built Cigar Box Guitars for the discriminating player of obscure musical unstruments
Last Edited by Rontana on Jan 15, 2015 6:48 AM
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Rontana
25 posts
Jan 15, 2015
6:55 AM
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Man . . . the spam filter keeps wiping out my post on this. I'll try it again.
I live in an old-fashioned mindset, so the ethics of this strike me as simple. I don't really care about "win-win" or exposure or legal technicalities. It's just a matter of right or wrong.
The earliest lessons anyone learns (hopefully) revolve around the concepts of "keep your mitts off other people's stuff" and "don't take something that's not yours without first asking permission." The internet sometimes seems to have muddied the ethical waters for folks.
I'll go back to my buggy-whip and Walton's mountain fugue state now
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Marr's Guitars
Offering custom-built Cigar Box Guitars for the discriminating player of obscure musical unstruments
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kudzurunner
5243 posts
Jan 15, 2015
8:10 AM
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Komuso, if you or anybody else on this forum has the technical know-how to create a Modern Blues Harmonica app for the iPhone, and the interest and wherewithall to track down and link all or most of my YouTube blues harmonica lessons according to whatever logic you decide on, then I will partner with you (or whomever) and split the sales/royalties 50/50 till death do us part.
I don't know the payouts for iPhone and iPad apps work--i.e., for developers--so I don't know if it's possible to automate division of the payout 50/50. I'd rather not have to trust anybody (or have them trust me). I'd rather just have split income streams and an enduring partnership.
But I'll commit right now to exploring all options, if anybody's interested. Please feel free to email me: asgussow at aol dot com.
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A440
304 posts
Jan 15, 2015
8:44 AM
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Adam, I think that's the right way to view it - a curated bookmark. It is asking people to pay for the work of finding and selecting 176 good videos from different teachers, indexing them, and making them easy to access. That's valuable. In reality, the app is simply linking to YouTube and sending traffic to your videos, so I can't see any harm done.
@Komuso - yes, its easy to find a block of videos by Adam, then a block of videos by Christelle, then a block of videos by Lee, etc. But it takes hours to sift through them and find specific ones in a logical order. It takes work to find that Adam did a great video on topic X and Jason has the best video on topic Y. Its even harder for the newbie who does not know who the good teachers are... so the newbie has to sift through videos from the 10, 20, or 30 different harp teachers out there. And once you find useful videos, its hard to find them again.
Last Edited by A440 on Jan 15, 2015 9:02 AM
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Komuso
467 posts
Jan 15, 2015
8:45 AM
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I do, but...
If you use a mac you could do it yourself with iBooks Author (free) and embed the YouTube videos links with a widget like YouTube widget for iBooks.
You could do something simple, get it out there free or cheap or try and do something more complex.
I'm not sure how big a market there would be, especially after Apple takes a 30% cut.
I guess if I was really interested I could just do it myself, make a nice curated bookmark applet and keep 100%, because that seems to be the ok thing to do nowdays.
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Paul Cohen aka Komuso Tokugawa
HarpNinja - Your harmonica Mojo Dojo
Bringing the Boogie to the Bitstream
Last Edited by Komuso on Jan 15, 2015 8:48 AM
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isaacullah
2912 posts
Jan 15, 2015
9:58 AM
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If anyone is paying for that app, then they are a sucker, and deserve to loose their money. There is already a free app that does more than that. It's called "YouTube". And you get a ton of community-generated, curated, harmonica-specific, playlists. For free. All you have to do is use the search function.
This person is simply benefiting from rubes. But you know what they say about rubes...
And, they've done it in a way that doesn't violate any terms of service. If you sued them, they'd say that they are charging for the labor/value added of them collecting links and writing the app, not for the content. And you know what? They'd win. Sleazy? Yes. Immoral? Yes. Illegal? No.
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YouTube! Soundcloud!
Last Edited by isaacullah on Jan 15, 2015 10:00 AM
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isaacullah
2913 posts
Jan 15, 2015
10:04 AM
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Using people's images, however, (as Christelle is saying), is probably actionable. If they can get pegged with anything, then THAT is probably what'll get them...
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YouTube! Soundcloud!
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kudzurunner
5244 posts
Jan 15, 2015
10:22 AM
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Yes, that's the funny thing: using the image to make money MAY be actionable. But that depends, I believe, on whether it's Christelle's own photo, one she took or owns, rather than a photo that somebody else owns. That makes all the difference--or at least I think it does. I can take a photo of Christelle at a gig, may I not, and use it on the cover of a harmonica teaching DVD? Isn't that right? She's a public figure: a performer.
But perhaps I'm wrong. If I take a photo of B. B. King, can't I put it, without his permission, on the cover of a book about how to play blues guitar--as long as I don't put his name on or in the book or otherwise suggest that he has endorsed the book or has anything to do with its creation?
Somebody please clarify. Suppose the photo is simply one that happened to be found on google image search and to which Christelle has no specific rights?
Edited to add: It turns out to be a complicated issue, not one that amateurs like me should wade into. Here's one statement on Wikipedia:
"The subject's consent is usually needed for publishing a photograph of an identifiable individual taken in a private place, and Commons expects this even if local laws do not require it. In many countries (especially English-speaking ones) the subject's consent is not usually needed for publishing a straightforward photograph of an identifiable individual taken in a public place. However, the term published should not be construed to include commercial use, as consent is usually required in these situations. Moreover, the country specific consent requirements vary enormously. Many factors can determine whether and what degree of consent is required."
More on this page:
http://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people
Last Edited by kudzurunner on Jan 15, 2015 10:25 AM
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Rontana
27 posts
Jan 15, 2015
10:55 AM
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Kudzu,
Virtually all of my experience is in print (newspaper and magazine guy for years) and I realize the net is a brave new world of picture pilfering. However, for print, the gist usually came down to matters of purpose and context.
For example, when do you need a release? When don't you? Is the pic wholly original, or altered substantially? Is using the image profit-driven? And on, and on, and on. I did do a bunch of work writing stuff for Swiss Army Knife a few years back, and we were sticklers about making sure any photos taken from the net were creative commons stuff, labeled "okay for commercial use."
Found this chart . . . it gives the various scenarios as well as anything I've come across.
Anyway, here's the copy and paste link
http://thevisualcommunicationguy.com/wp-content/uploads/2014/07/Infographic_CanIUseThatPicture4.jpg
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Marr's Guitars
Offering custom-built Cigar Box Guitars for the discriminating player of obscure musical unstruments
Last Edited by Rontana on Jan 15, 2015 10:58 AM
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nacoran
8217 posts
Jan 15, 2015
11:10 AM
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And depending on how old the photo is for Christelle. Last I heard she was in N.Z., but France has some very strict laws about photography.
I think the stronger argument than copyright is implied endorsement. They seem to be marketing with the implication that by your 'participation' this is a product you endorse. If their knock off product hurts your brand there might be a slander/libel issue in play.
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Nate
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First Post- May 8, 2009
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Mahcks
28 posts
Jan 15, 2015
11:51 AM
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Sure you could complain. You should, too. Still, someone thinks people are going to go to the iTunes store to learn harmonica. I don't have the skills to do it, but I imagine competition is the appropriate response. A free app that sets up the educational playlist, tuning charts, maintenance guides, glossary, and maybe some essential music theory. If there is a market in that store; steal it from those who would half-ass it. That's just my knee-jerk reaction, though.
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