ncpacemaker
65 posts
Jan 08, 2011
9:45 AM
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I was wondering if some of you are knowledgeable in regards to the legal issues of file sharing. For example, the many youtube channels that post sound files by way of video clips that are obviously there as a form of file sharing. Whereas files can be downloaded saved and converted to other formats by the viewer. I gather that there are loopholes in the law that allow posting of such copy protected material if it is for "educational purposes" such as including the lyrics in the video. Can anyone break this down for me ? Also, how do established artist and producers generally feel about the posting and downloading of their material.? Dr. Gussow I would love to hear your input on this topic.
Thank You
Last Edited by on Jan 08, 2011 9:48 AM
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Harp boy in progress
75 posts
Jan 08, 2011
9:59 AM
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as long as you aknolege where you got the source from i dont see any prblem..............?
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Nick Moore
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Greg Heumann
977 posts
Jan 08, 2011
11:01 AM
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The responsibility is on the person who posts to be sure they're not violating copyright law. Many videos are removed from YouTube for this reason. Acknowledging the source isn't sufficient. If you perform a copyrighted work like just about any song written by someone else, without permission or having paid a license fee, you are technically in violation of the law. Most of the time it isn't a problem, especially when you aren't earning any revenue from it, but again, technically, it is illegal.
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/Greg
Last Edited by on Jan 08, 2011 11:01 AM
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nacoran
3602 posts
Jan 08, 2011
11:13 AM
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If the form you are using it in is transformative you get a little leeway, particularly if you aren't profiting from it. What often happens on YouTube is people will post it, and then the copyright owner will post a take-down notice. A lot of the time they compromise and just make you link to the official source.
You can also use very short samples, I think it's under 5 seconds, without worry (although they may still send a take-down, and then you get to sue them!) It gets complicated by whether you are playing the piece or it's the original creation. If you can track down the copyright holder you can always ask for permission.
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Nate
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ncpacemaker
70 posts
Jan 08, 2011
11:21 AM
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I was actually referring to the posting and downloading of an artist original, published, distributed work from a record label.
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kudzurunner
2220 posts
Jan 08, 2011
11:24 AM
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When an artist's recording, in the form of mp3s and/or a track on a CD, is currently and easily available for purchase, then I'm strongly against those who create a YouTube video ("video" sometimes means a few still shots) that is nothing more than an uploading of that song. That is piracy. It's illegal filesharing--precisely because YouTube's technology now makes it very easy for people to download the video's soundtrack as an mp3. It should be stopped, prosecuted, and punished.
Things grow murky when video uploaders upload less than a full track, and/or add significant amounts of content. In my early YT videos, I certainly played commercially available tracks onscreen, but I was carefuly never to play an entire track from start to finish. I talked--annoyingly, many have told me--and often played over tracks. It would be fair to say that I violated copyright in most of those cases. But I never engaged in flagrant filesharing, as people do who take a #1 hit from 1975, say--the original hit recording, not a live performance--and simply put it out there behind one or two still shots of the cover. I consider what I do to fall into the "fair use" category.
The ONLY time I countenance the latter behavior is when the recording is impossible to find for purchase even when one makes a good-faith web search. This is the case with the Spivey LP recordings of Nat Riddles, for example. In that case, I say: go ahead. The uploader might even create a market for the product, leading to commercial release and rediscovery.
Musicians sweat hard for their music, including their recordings. They deserve to be paid.
Last Edited by on Jan 08, 2011 11:26 AM
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ncpacemaker
71 posts
Jan 08, 2011
11:36 AM
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Thanks for the response. Yes' it's rampant now on youtube. So the person downloading the pirated file is pretty much stealing directly from the artist. Point well noted.
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gene
623 posts
Jan 08, 2011
11:45 AM
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Adam, aside from talking over the tracks and stopping/starting them, you also show the album and encourage viewers to buy it. I don't think any artist would complain about that!
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arzajac
429 posts
Jan 08, 2011
5:35 PM
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If you want a little background on copyright law and technology in the US, I suggest reading a book call Free Culture, by Lawrence Lessig.
He's a law professor. The book is on sale like any other book but it's also available for free here:
http://www.free-culture.cc/freecontent/
PDF Download
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Last Edited by on Jan 08, 2011 5:36 PM
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earlounge
257 posts
Jan 08, 2011
6:03 PM
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It is not legal to do any of the things discussed with out prior approval of the copyright owner. You can not use any portion of a track unless it is fair use. Fair use is a very gray area and would probably cost you a bunch of money to fight about in court with the artist.
Youtube is slightly different about music. I am no expert and I can only give information as I seem to understand it, but I do post numerous videos on Youtube and have a lot of experience with this problem.
Youtube has agreements with many record labels. These agreements were put into place because of this very problem. Normal people make home videos all the time that would be removed in violation of copyright. So Youtube scans your video for copyright material. If you have used a song from a label they have an agreement then your video will be left up and an ad will be placed on it to pay for the usage. If you use a track that is from a label or artist that does not have an agreement with Youtube (WMG), then your video will be removed or the audio will be muted.
If a copyright owner complains to Youtube then they will just remove your video. They do not give you the benefit of the doubt. It is then your responsibility to dispute the DMCA complaint. Good luck winning.
Here is a website from a lawyer who documents his battle with Youtube and fair use and DMCA problems.
http://www.liberalviewer.com
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