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Re: [videoblogging] Copyrights/Collaborations & Vlog Gumb

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  • Gary Rosenzweig
    ... So what about our show? Podcast Salad. We certainly are NOT a not-for-profit venture. We have ads on the site. One day we will have ads in the show. Would
    Message 1 of 23 , Aug 1, 2006
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      On 7/31/06, Chuck Leggett <chucksvlog@...> wrote:

      MY RANT: No one has the right to use my or anyone else's work to
      derive a profit without prior agreement with the copyright holder. I
      believe in fair-use: use my vlogs but please mention its source. If
      you intend to profit from my work, you do NOT have my permission.

      So what about our show? Podcast Salad.
      We certainly are NOT a not-for-profit venture. We have ads on the site. One day we will have ads in the show.
      Would you not want your vlog featured on Podcast Salad then?

      What if CNN or MSNBC showed a clip from your vlog? Would you balk at that too since both show ads?

      PROMOTE not PROFIT!

      What about both?
       
      Does anyone here have a problem with a show like Podcast Salad featuring clips from their video podcasts?

      --
      Gary Rosenzweig
      CleverMedia TV
      http://clevermedia.tv
    • Lan Bui
      Ooohh!!! Hot topic!!!! I feel that at this point in my video blogs, and video blogs that I work on, if some MSM outlet showed and talked about it I would love
      Message 2 of 23 , Aug 1, 2006
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        Ooohh!!! Hot topic!!!!

        I feel that at this point in my video blogs, and video blogs that I work on, if some MSM outlet showed and talked about it I would love it! That would be great exposure.

        That is a big difference than puting them on a site with ads arround it and just profiting.

        Even though www.NoodleScar.com was on poscast salad and there were ads around and now there are ads on the site, I like the potential exposure. I don't feel ripped off.

        This is just how I feel for now, I think if I start to feel like someone is ripping me off I'll think different.

        -Lan
        www.LanBui.com
        -----Original Message-----
        From: "Gary Rosenzweig" <rosenz@...>
        Date: Tuesday, Aug 1, 2006 10:16 am
        Subject: Re: [videoblogging] Copyrights/Collaborations & Vlog Gumb

        On 7/31/06, Chuck Leggett <chucksvlog@...> wrote:

        MY RANT: No one has the right to use my or anyone else's work to
        derive a profit without prior agreement with the copyright holder. I
        believe in fair-use: use my vlogs but please mention its source. If
        you intend to profit from my work, you do NOT have my permission.


        So what about our show? Podcast Salad.
        We certainly are NOT a not-for-profit venture. We have ads on the site. One day we will have ads in the show.
        Would you not want your vlog featured on Podcast Salad then?


        What if CNN or MSNBC showed a clip from your vlog? Would you balk at that too since both show ads?

        PROMOTE not PROFIT!

        What about both?

        Does anyone here have a problem with a show like Podcast Salad featuring clips from their video podcasts?

        --
        Gary Rosenzweig
        CleverMedia TV

        http://clevermedia.tv



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      • Chuck Leggett
        ... site. One ... I m not familiar with Podcast Salad, but I will check it out. I just want to make clear that the clips that I highlight in Vlog Gumbo do not
        Message 3 of 23 , Aug 1, 2006
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          > So what about our show? Podcast Salad.
          > We certainly are NOT a not-for-profit venture. We have ads on the
          site. One
          > day we will have ads in the show.

          I'm not familiar with Podcast Salad, but I will check it out.

          I just want to make clear that the clips that I highlight in Vlog
          Gumbo do not belong to me, so therefore I would never try to profit
          from them. I am trying to abide by the license that the vlogs are
          published under.

          > Would you not want your vlog featured on Podcast Salad then?

          If you are refering to Vlog Gumbo, then I could not agree to any kind
          of promotion that profits from the work of others without first
          securing their agreement to do so.

          Chuck's Vlog, then, is a different matter because I am the copyright
          owner for the vlogs; I welcome your consideration to help promote my site.

          Would you object to having Podcast Salad highlighted on Vlog Gumbo? :)

          >
          > What if CNN or MSNBC showed a clip from your vlog? Would you balk at
          that
          > too since both show ads?

          This is an excellent question, and the main reason I posted this
          thread. It boils down to promotion vs. profit. In the case of CNN or
          MSNBC highlighting one of my clips, I would have to believe it was
          done for pure profit motive, because I can see no reason they would
          want to promote the vlogosphere (outside of trying to make money from
          it).

          But it would be an excellent promotional tool to help grow the
          vlogosphere, there is no doubt.

          Tough call to make...

          > Does anyone here have a problem with a show like Podcast Salad featuring
          > clips from their video podcasts?

          I have no reason to believe that you are unethical or will try to
          rip-off anyone. It's an interesting subject and you raise some
          excellent points.

          Chuck
        • valdezatron
          I think most people would agree that if you have a site that is generating revenue and it features the work of others, it is your (Podcast Salad s)
          Message 4 of 23 , Aug 1, 2006
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            I think most people would agree that if you have a site that is
            generating revenue and it features the work of others, it is your
            (Podcast Salad's) responsibility to obtain consent from the vlogger.

            Certainly people are willing to allow use of their work for free in
            order to get free press and promotion, but it should go through the
            approval process every time (especially if $ is involved).

            AV
            http://www.aaronvaldez.com/vlog
            http://www.valdezatron.com



            > So what about our show? Podcast Salad.
            > We certainly are NOT a not-for-profit venture. We have ads on the
            site. One
            > day we will have ads in the show.
            > Would you not want your vlog featured on Podcast Salad then?
            >
            > What if CNN or MSNBC showed a clip from your vlog? Would you balk at
            that
            > too since both show ads?
            >
            > PROMOTE not PROFIT!
            >
            >
            > What about both?
            >
            > Does anyone here have a problem with a show like Podcast Salad featuring
            > clips from their video podcasts?
            >
            > --
            > Gary Rosenzweig
            > CleverMedia TV
            > http://clevermedia.tv
            >
          • Casey McKinnon
            If you re profiting over the use of a video whose license clearly states ND, you are clearly breaking the law. Podcast Salad better contact everyone in
            Message 5 of 23 , Aug 1, 2006
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              If you're profiting over the use of a video whose license clearly
              states ND, you are clearly breaking the law. Podcast Salad better
              contact everyone in advance like any television network, ask for
              permission from the content creator and have them fill out a form to
              waive the ND clause of their license for profitable use on Podcast Salad.

              Casey

              ---
              Galacticast ~ Sci-Fi Lo-Fi
              http://www.galacticast.com/


              --- In videoblogging@yahoogroups.com, "valdezatron" <valdezfilm@...>
              wrote:
              >
              > I think most people would agree that if you have a site that is
              > generating revenue and it features the work of others, it is your
              > (Podcast Salad's) responsibility to obtain consent from the vlogger.
              >
              > Certainly people are willing to allow use of their work for free in
              > order to get free press and promotion, but it should go through the
              > approval process every time (especially if $ is involved).
              >
              > AV
              > http://www.aaronvaldez.com/vlog
              > http://www.valdezatron.com
              >
              >
              >
              > > So what about our show? Podcast Salad.
              > > We certainly are NOT a not-for-profit venture. We have ads on the
              > site. One
              > > day we will have ads in the show.
              > > Would you not want your vlog featured on Podcast Salad then?
              > >
              > > What if CNN or MSNBC showed a clip from your vlog? Would you balk at
              > that
              > > too since both show ads?
              > >
              > > PROMOTE not PROFIT!
              > >
              > >
              > > What about both?
              > >
              > > Does anyone here have a problem with a show like Podcast Salad
              featuring
              > > clips from their video podcasts?
              > >
              > > --
              > > Gary Rosenzweig
              > > CleverMedia TV
              > > http://clevermedia.tv
              > >
              >
            • Andreas Haugstrup Pedersen
              On Tue, 01 Aug 2006 21:28:39 +0200, Casey McKinnon ... I ll assume that you mean NC and not ND. And not necessarily. If quotes from other videos are included
              Message 6 of 23 , Aug 1, 2006
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                On Tue, 01 Aug 2006 21:28:39 +0200, Casey McKinnon
                <caseymckinnon@...> wrote:

                > If you're profiting over the use of a video whose license clearly
                > states ND, you are clearly breaking the law. Podcast Salad better
                > contact everyone in advance like any television network, ask for
                > permission from the content creator and have them fill out a form to
                > waive the ND clause of their license for profitable use on Podcast Salad.

                I'll assume that you mean NC and not ND.
                And not necessarily. If quotes from other videos are included for the sake
                of doing a review then it's covered by fair use. Having not seen podcast
                salad it's impossible to tell. Also the NC clause does not prohibit any
                kind of profiting only behaviour "that is primarily intended for or
                directed toward commercial advantage or private monetary compensation."

                My point is simply that it depends and you have to judge things on a
                case-by-case basis.

                --
                Andreas Haugstrup Pedersen
                <URL: http://www.solitude.dk/ >
                Commentary on media, communication, culture and technology.
              • Markus Sandy
                not quite no matter what license is in place, fair use generally allows one to quote from any original source for review purposes this has nothing to do with
                Message 7 of 23 , Aug 1, 2006
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                  not quite

                  no matter what license is in place, fair use generally allows one to "quote" from any original source for review purposes

                  this has nothing to do with for profit or not

                  also, when you do violate copyright, i don't believe you're breaking a law (it's a civil court issue, not criminal - at least here in the US)





                  Casey McKinnon wrote:

                  If you're profiting over the use of a video whose license clearly
                  states ND, you are clearly breaking the law. Podcast Salad better
                  contact everyone in advance like any television network, ask for
                  permission from the content creator and have them fill out a form to
                  waive the ND clause of their license for profitable use on Podcast Salad.

                  -- 
                  
                  
                  Markus Sandy
                  
                  http://apperceptions.org
                  http://spinflow.org
                • Casey McKinnon
                  That s nice, but last time I checked Podcast Salad wasn t a review show, it was a look at this show. Wouldn t a review show need... I don t know... a
                  Message 8 of 23 , Aug 1, 2006
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                    That's nice, but last time I checked Podcast Salad wasn't a review
                    show, it was a "look at this" show. Wouldn't a review show need... I
                    don't know... a review? In a court of law, I doubt "look at this"
                    constitutes a definition of the term "review".

                    Thanks for correcting me, Andreas, I did mean to type NC.

                    Casey

                    ---
                    Galacticast ~ Sci-Fi Lo-Fi
                    http://www.galacticast.com/

                    --- In videoblogging@yahoogroups.com, Markus Sandy <markus@...> wrote:
                    >
                    > not quite
                    >
                    > no matter what license is in place, fair use generally allows one to
                    > "quote" from any original source for review purposes
                    >
                    > this has nothing to do with for profit or not
                    >
                    > also, when you do violate copyright, i don't believe you're breaking a
                    > law (it's a civil court issue, not criminal - at least here in the US)
                    >
                    >
                    >
                    >
                    >
                    > Casey McKinnon wrote:
                    >
                    > > If you're profiting over the use of a video whose license clearly
                    > > states ND, you are clearly breaking the law. Podcast Salad better
                    > > contact everyone in advance like any television network, ask for
                    > > permission from the content creator and have them fill out a form to
                    > > waive the ND clause of their license for profitable use on Podcast
                    Salad.
                    > >
                    > --
                    >
                    >
                    > Markus Sandy
                    >
                    > http://apperceptions.org
                    > http://spinflow.org
                    >
                  • Gary Rosenzweig
                    ... That is something we considered when we started, but it was deemed impossible. There just isn t enough time to produce the show that way. We couldn t write
                    Message 9 of 23 , Aug 1, 2006
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                      <caseymckinnon@...> wrote:
                      > Podcast Salad better
                      > contact everyone in advance like any television network, ask for
                      > permission from the content creator and have them fill out a form to

                      That is something we considered when we started, but it was deemed impossible. There just isn't enough time to produce the show that way. We couldn't write the show, then wait for approvals, and then shoot and edit and still have it done in a week. Vloggers and video podcasters simply don't have "front offices" where "our people can contact their people" for approval.

                      On 8/1/06, Andreas Haugstrup Pedersen < ahpe01@...> wrote:
                      And not necessarily. If quotes from other videos are included for the sake
                      of doing a review then it's covered by fair use.

                      This is exactly what we decided to go with: fair use. We are showing "clips" of shows to essentially promote them. We couldn't think of a good reason why someone would not want to be featured on Podcast Salad. We try to never show too much, so the viewer doesn't feel they don't need to watch the actual video podcast. We should always create a positive flow TO the video podcasts we feature. Why wouldn't we?
                      But we do spend about 20 work-hours writing and producing Podcast Salad, so we want to recoup and profit from that effort.

                      --
                      Gary Rosenzweig
                      CleverMedia
                      rosenz@...
                    • Markus Sandy
                      i haven t looked at that show, but sounds like siskel and ebert from your discription - those were reviews and they said look at this (or don t look at
                      Message 10 of 23 , Aug 1, 2006
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                        i haven't looked at that show, but sounds like siskel and ebert from your discription - those were reviews and they said "look at this" (or "don't look at this")

                        i wonder if they licenced each clip (more likely, the studios pushed the clips on to them with licences attached!)

                        Casey McKinnon wrote:

                        That's nice, but last time I checked Podcast Salad wasn't a review
                        show, it was a "look at this" show. Wouldn't a review show need... I
                        don't know... a review? In a court of law, I doubt "look at this"
                        constitutes a definition of the term "review".

                        Thanks for correcting me, Andreas, I did mean to type NC.

                        Casey

                        ---
                        Galacticast ~ Sci-Fi Lo-Fi
                        http://www.galactic ast.com/

                        --- In videoblogging@ yahoogroups. com, Markus Sandy <markus@...> wrote:
                        >
                        > not quite
                        >
                        > no matter what license is in place, fair use generally allows one to
                        > "quote" from any original source for review purposes
                        >
                        > this has nothing to do with for profit or not
                        >
                        > also, when you do violate copyright, i don't believe you're breaking a
                        > law (it's a civil court issue, not criminal - at least here in the US)
                        >
                        >
                        >
                        >
                        >
                        > Casey McKinnon wrote:
                        >
                        > > If you're profiting over the use of a video whose license clearly
                        > > states ND, you are clearly breaking the law. Podcast Salad better
                        > > contact everyone in advance like any television network, ask for
                        > > permission from the content creator and have them fill out a form to
                        > > waive the ND clause of their license for profitable use on Podcast
                        Salad.
                        > >
                        > --
                        >
                        >
                        > Markus Sandy
                        >
                        > http://apperception s.org
                        > http://spinflow. org
                        >


                        -- 
                        
                        
                        Markus Sandy
                        
                        http://apperceptions.org
                        http://spinflow.org
                      • Andreas Haugstrup Pedersen
                        On Tue, 01 Aug 2006 22:14:44 +0200, Markus Sandy ... The usual deal (at least in this neck of the woods) [1] is that movie studios provide television programs
                        Message 11 of 23 , Aug 1, 2006
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                          On Tue, 01 Aug 2006 22:14:44 +0200, Markus Sandy
                          <markus@...> wrote:

                          > i wonder if they licenced each clip (more likely, the studios pushed the
                          > clips on to them with licences attached!)

                          The usual deal (at least in this neck of the woods) [1] is that movie
                          studios provide television programs with a selection of clips they can
                          choose from. Which is why you see the same clips in all movie reviews. One
                          local exception was the Danish review show "Bogart" (1985-2002) who would
                          not review a movie unless they got full control over which clips to show
                          during the program - and since they were the only movie review tv-show in
                          the country at the time they got what they wanted. I guess it pays to play
                          hardball sometimes. :o)

                          [1] I have this from a talk by the host of "Bogart" that I went to a
                          couple of years ago.

                          --
                          Andreas Haugstrup Pedersen
                          <URL: http://www.solitude.dk/ >
                          Commentary on media, communication, culture and technology.
                        • Casey McKinnon
                          ... way. We ... edit ... simply don t ... Gary- since you re turning your show into a business, it would be best to do the responsible thing and contact the
                          Message 12 of 23 , Aug 1, 2006
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                            --- In videoblogging@yahoogroups.com, "Gary Rosenzweig" <rosenz@...>
                            wrote:
                            >
                            > > > Podcast Salad better
                            > > > contact everyone in advance like any television network, ask for
                            > > > permission from the content creator and have them fill out a form to
                            >
                            > That is something we considered when we started, but it was deemed
                            > impossible. There just isn't enough time to produce the show that
                            way. We
                            > couldn't write the show, then wait for approvals, and then shoot and
                            edit
                            > and still have it done in a week. Vloggers and video podcasters
                            simply don't
                            > have "front offices" where "our people can contact their people" for
                            > approval.

                            Gary- since you're turning your show into a business, it would be best
                            to do the responsible thing and contact the content owners for
                            permission. Here are ways to do that:

                            - Most vloggers provide some way to contact them (e-mail on their
                            blog), some of them even include a phone number;
                            - If you can't contact them by e-mail, try leaving a comment or
                            searching to see if they're on another 2.0 site (MySpace comes to mind);
                            - Start writing your shows at least a couple of weeks in advance and
                            get in touch with the content owners at the same time or earlier;
                            - If you're having problems finding contact info, search for domain
                            owners on WhoIs or ask the videoblogging group if they can help.

                            > And not necessarily. If quotes from other videos are included for
                            the sake
                            > > of doing a review then it's covered by fair use.
                            >
                            >
                            > This is exactly what we decided to go with: fair use. We are showing
                            "clips"
                            > of shows to essentially promote them. We couldn't think of a good
                            reason why
                            > someone would not want to be featured on Podcast Salad. We try to
                            never show
                            > too much, so the viewer doesn't feel they don't need to watch the actual
                            > video podcast. We should always create a positive flow TO the video
                            podcasts
                            > we feature. Why wouldn't we?
                            > But we do spend about 20 work-hours writing and producing Podcast
                            Salad, so
                            > we want to recoup and profit from that effort.

                            If you really want to claim "fair use" you should make sure that you
                            write a review, don't just direct people to videoblogs... be a real
                            bonafide critic.

                            Just because you spend 20 hours producing your show doesn't mean it's
                            acceptable to use other people's content for profit. This is why it
                            would be prudent for you to contact people in advance if you plan to
                            disregard their license. You may do it with good intentions, but that
                            doesn't hold up in a court of law.

                            Casey

                            ---
                            Galacticast ~ Sci-Fi Lo-Fi
                            http://www.galacticast.com/



                            > --
                            > Gary Rosenzweig
                          • greg
                            So, it seems that you can use clips from blogs if they fall under Fair Use ... Ok, got that part to mean you can show a clip as long as you give credit to the
                            Message 13 of 23 , Aug 1, 2006
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                              So, it seems that you can use clips from blogs if they fall under "Fair Use"... 

                              Ok, got that part to mean you can show a clip as long as you give credit to the creator...

                              However, are you still violating the Creative Commons license?  I don't do the CC thing, but I seem to have read somewhere along the line that says if you use a video that has a CC license, then you have to include the whole video including the part with the CC license? (I take that to mean the little logo at the end) If this is the case, how can you use just a clip, since the license states you have to use the whole video including the part that has the CC license logo? (Maybe I am reading that part wrong?)

                              Me personally, I subscribe to the idea that I don't care what people do with my stuff.... Until it gets "very popular".  If my works suddenly start to make someone else enough money that it is worth my time to "go after them to get some of that money" then I will cross that bridge when I get to it.

                              To answer the other question that Heath brought up on "Where to get music"...

                              I get my music from my musician friends (Go SwampDweller!).  I also search the web for my favorite "unknown" bands to see if they have posted any free MP3's on the web.  I figure if they have a free MP3 posted, then they don't care if I use it, as long as I give them a plug (I am sure this logic is not good logic, but we will see what happens).

                              For example, check out OM Trio .  These guys were one of my favorites, but they broke up.  Even though they broke up, they still have their music posted on the web.  I feel that this is pretty "safe" to use, since if I make something that is very popular and get their band's name out there, then it is a good thing. (They broke up because they just could not make money touring anymore- if suddenly their name got out to everyone, they would be stoked).

                              Also, I look for bands that allow people to tape their shows and then I use the taped music.

                              Heath, if you are really looking for music to use, I give you permission to use the stuff I made and posted.  It is crap, but feel free to use it all.  You can find it at feltonjamhouse.com 

                              Just my thoughts.

                              Greg.
                              gregsvideoblog.blogspot.com 

                               

                               


                              --- In videoblogging@yahoogroups.com, "Casey McKinnon" <caseymckinnon@...> wrote:
                              >
                              > --- In videoblogging@yahoogroups.com, "Gary Rosenzweig" rosenz@
                              > wrote:
                              > >
                              > > > > Podcast Salad better
                              > > > > contact everyone in advance like any television network, ask for
                              > > > > permission from the content creator and have them fill out a form to
                              > >
                              > > That is something we considered when we started, but it was deemed
                              > > impossible. There just isn't enough time to produce the show that
                              > way. We
                              > > couldn't write the show, then wait for approvals, and then shoot and
                              > edit
                              > > and still have it done in a week. Vloggers and video podcasters
                              > simply don't
                              > > have "front offices" where "our people can contact their people" for
                              > > approval.
                              >
                              > Gary- since you're turning your show into a business, it would be best
                              > to do the responsible thing and contact the content owners for
                              > permission. Here are ways to do that:
                              >
                              > - Most vloggers provide some way to contact them (e-mail on their
                              > blog), some of them even include a phone number;
                              > - If you can't contact them by e-mail, try leaving a comment or
                              > searching to see if they're on another 2.0 site (MySpace comes to mind);
                              > - Start writing your shows at least a couple of weeks in advance and
                              > get in touch with the content owners at the same time or earlier;
                              > - If you're having problems finding contact info, search for domain
                              > owners on WhoIs or ask the videoblogging group if they can help.
                              >
                              > > And not necessarily. If quotes from other videos are included for
                              > the sake
                              > > > of doing a review then it's covered by fair use.
                              > >
                              > >
                              > > This is exactly what we decided to go with: fair use. We are showing
                              > "clips"
                              > > of shows to essentially promote them. We couldn't think of a good
                              > reason why
                              > > someone would not want to be featured on Podcast Salad. We try to
                              > never show
                              > > too much, so the viewer doesn't feel they don't need to watch the actual
                              > > video podcast. We should always create a positive flow TO the video
                              > podcasts
                              > > we feature. Why wouldn't we?
                              > > But we do spend about 20 work-hours writing and producing Podcast
                              > Salad, so
                              > > we want to recoup and profit from that effort.
                              >
                              > If you really want to claim "fair use" you should make sure that you
                              > write a review, don't just direct people to videoblogs... be a real
                              > bonafide critic.
                              >
                              > Just because you spend 20 hours producing your show doesn't mean it's
                              > acceptable to use other people's content for profit. This is why it
                              > would be prudent for you to contact people in advance if you plan to
                              > disregard their license. You may do it with good intentions, but that
                              > doesn't hold up in a court of law.
                              >
                              > Casey
                              >
                              > ---
                              > Galacticast ~ Sci-Fi Lo-Fi
                              > http://www.galacticast.com/
                              >
                              >
                              >
                              > > --
                              > > Gary Rosenzweig
                              >

                            • wlight@weatherlight.com
                              ... I don t know what vloggers you ve been dealing with, but most vloggers I ve run across have their email addresses available. They also have comments
                              Message 14 of 23 , Aug 1, 2006
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                                > That is something we considered when we started, but it was deemed
                                > impossible. There just isn't enough time to produce the show that way. We
                                > couldn't write the show, then wait for approvals, and then shoot and edit
                                > and still have it done in a week. Vloggers and video podcasters simply don't
                                > have "front offices" where "our people can contact their people" for
                                > approval.

                                I don't know what vloggers you've been dealing with, but most vloggers I've
                                run across have their email addresses available. They also have "comments"
                                sections, message fora, etc. Some have voicemail numbers. They make
                                themselves available. If they don't respond to your queries, then don't
                                feature them. I really can't see what you're saying here as being a
                                legitimate excuse.

                                I'm part of the production team for a public access TV show. The show is a
                                talk show, and as such, it requires the cooperation of guests. Guests
                                sometimes forget to return phone calls and generally throw spanners in the
                                works. The way we dealt with this was to plan a show at least a couple
                                weeks down the road and make sure we had guests, that we had alternate
                                guests we could get together, etc. We still faithfully shot an episode a
                                week, and had a live studio taping on top of it. By comparison, what
                                you're doing is entirely possible.

                                > This is exactly what we decided to go with: fair use. We are showing "clips"
                                > of shows to essentially promote them. We couldn't think of a good reason why
                                > someone would not want to be featured on Podcast Salad. We try to never show
                                > too much, so the viewer doesn't feel they don't need to watch the actual
                                > video podcast. We should always create a positive flow TO the video podcasts
                                > we feature. Why wouldn't we?

                                Promotion is not fair use. Review, commentary, parody, academic
                                citation...those things are fair use. I haven't seen Podcast Salad, so I
                                can't claim to know your format, but please don't make the mistake of "I
                                think I'm doing someone a favor, so it's fair use." Content creators have
                                a right to decide who promotes them and how.

                                --
                                Rhett.

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                              • Gary Rosenzweig
                                ... Turning my show into a business? Was it not a business before? - Most vloggers provide some way to contact them (e-mail on their ... Most do. But you d be
                                Message 15 of 23 , Aug 1, 2006
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                                  On 8/1/06, Casey McKinnon <caseymckinnon@...> wrote:
                                  Gary- since you're turning your show into a business, it would be best
                                  to do the responsible thing and contact the content owners for
                                  permission.  Here are ways to do that:

                                  Turning my show into a business? Was it not a business before?

                                  - Most vloggers provide some way to contact them (e-mail on their
                                  blog), some of them even include a phone number;

                                  Most do. But you'd be surprised how many don't, or have bad email addresses, etc. I've tried to email people in advance (Thursday before a Friday show) while we are editing. I'd say about 20% of the time it isn't possible, and 50% of the time I never hear back. But 100% of the time I have heard back, we've made a friend, not an enemy. That has nothing to do with "law", but with the nature of what we are doing.

                                  - Start writing your shows at least a couple of weeks in advance and
                                  get in touch with the content owners at the same time or earlier;

                                  We're trying to be current. The idea behind the show is to let people find out what is going on in video podcasting, not what's old news.
                                   
                                  If you really want to claim "fair use" you should make sure that you
                                  write a review, don't just direct people to videoblogs... be a real
                                  bonafide critic.

                                  Reviews aren't the only thing covered by fair use. We consider our show to be more of an entertainment news program.

                                  You are thinking of this fair use: "quotation of excerpts in a review or criticism for purposes of illustration or comment"
                                  We are thinking of this fair use: "summary of an address or article, with brief quotations, in a news report"

                                  Two of the key parts of fair use are to consider:
                                  1. amount and substantiality of the portion used in relation to the copyrighted work as a whole
                                  2. the effect of the use upon the potential market for or value of the copyrighted work.

                                  That is why we only use a clip, and as short of a clip as possible. And that is why we make sure we are always trying to improve the potential market and value of the show we are talking about by promoting the show and directing people to it.

                                  Of course both of these things are easy to do, since it is the very nature of our show: short clips used to recommend video podcasts.

                                  --
                                  Gary Rosenzweig
                                  CleverMedia
                                  rosenz@...
                                • Andreas Haugstrup
                                  ... No, only in certain circumstances. ... No. Fair Use is more complex than that. ... Fair Use precedes CC licenses and Fair Use certainly trumps it. If
                                  Message 16 of 23 , Aug 2, 2006
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                                    On Tue, 01 Aug 2006 23:00:53 +0200, greg <gregory@...> wrote:

                                    > So, it seems that you can use clips from blogs if they fall under "Fair
                                    > Use"...

                                    No, only in certain circumstances.

                                    > Ok, got that part to mean you can show a clip as long as you give credit
                                    > to the creator...

                                    No. Fair Use is more complex than that.

                                    > However, are you still violating the Creative Commons license?

                                    Fair Use precedes CC licenses and Fair Use certainly trumps it. If
                                    something is permitted under Fair USe it does not matter which license (if
                                    any) is used. Fair Use is always allowed.

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