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Re: Copyrights/Collaborations & Vlog Gumb

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  • 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 1 of 23 , Aug 1, 2006

      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 2 of 23 , Aug 1, 2006
        > 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 3 of 23 , Aug 1, 2006
          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 4 of 23 , Aug 2, 2006
            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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