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Question about copyright by Ezra on 10-09-2005 at 03:33 PM

If I make a vacation video is it illegal to use copyrighted music in the video? It's not used for anything commercial. Just a re-edited version of a home-video.

Also will I be abled to distribute this video with this music in it on the internet?
Like Google-video, bittorrent or even my own website?

The video is for personal use only, but I thought it might also be shared with the rest of the world :P

TIA


RE: Question about copyright by Negro_Joe on 10-09-2005 at 03:35 PM

im not sure as long as your not making anyone pay to watch it.. i think its perfectly legal...though dont take my word for it...


RE: Question about copyright by Ezra on 10-09-2005 at 03:37 PM

I'm not making anyone pay for it, just so I can safely make it and distribute it on my website :P


RE: Question about copyright by Reaper on 10-09-2005 at 03:37 PM

i might be way off, but if you just use the music and not the words then its ok
im not sure about that so correct me if im wrong


RE: Question about copyright by Ezra on 10-09-2005 at 03:40 PM

I know you need licenses and everything if you make anyone pay for it, but it's for non-commercial use...

* Ezra hopes Cookie reads this :)


RE: Question about copyright by qgroessl on 10-09-2005 at 03:41 PM

You might want to try writing to the musicians company. Or something like that.


RE: Question about copyright by Negro_Joe on 10-09-2005 at 03:44 PM

usually says on the inside of the CD leaflet etc

check there....?


RE: Question about copyright by Plik on 10-09-2005 at 03:45 PM

I think as long as you give the artist credit and you dont profit from it then it should be legal. If you want to make sure, contact the artist whose music your using and ask them.


RE: Question about copyright by linx05 on 10-09-2005 at 03:45 PM

The law is different in many countries. In Australia, I tried to get a song licensed for a short film. I had to go through the red tape bull shit.

I had to tell them all this stuff like, how long I wanted the song to be played for, where it was going to be shown, was I asking for money to see my short film etc etc.

For example:

Work:        I'm So Tired (Eskimo Joe)
> Copyright:    100% MMP
> Project:        Short Film
> Media:        Non-theatrical Film Festivals
> Territory:    Australia only
> Term:        In perpetuity
> Duration:    Whole track
> Publishing Fee:    AUD$300 + GST

Since I was showing mine at a film festival, I had to get permission from the record company. Even though I wasn't going to be getting any money from it.

So, if you make something and just share it around with family etc, it shouldn't be too bad. If you were going to publicily release it on the Internet, and they found out about it you could get into a lot of trouble (they threatened to sue me because I said I changed my mind about the song. I hadn't even signed any of the papers yet so it wasn't mine).

Then again.. the net is a big place ;)


RE: Question about copyright by hexel on 10-09-2005 at 04:22 PM

As much as I've heard about copyright issue:

I hope I'm not lying...

Even when not for profit - as soon as there are more than 1 or 2 copies for personal use (or backup) you are in violation of the copyright (for example, including music (or other files) in webpages or making them available to others (per FTP or downloading) constitutes (re-)publishing/broadcasting of this music to the public).

You can use most clips (short part of the original) without license cost or royalties by displaying a proper notice where the clip was taken from.

So if you are going to publish the video to more than 1 or 2 people, it's illegal to use copyrighted music in it.

PS. Besides clips, there are some works you can use without needing a license:

  • the term of copyright for the work has expired;
  • the author failed to satisfy formalities to perfect the copyright;
  • the work is a work of the U.S. Government;
  • copyright licensed MIDI music files

RE: RE: Question about copyright by CookieRevised on 10-09-2005 at 05:54 PM

quote:
Originally posted by Ezra
I know you need licenses and everything if you make anyone pay for it, but it's for non-commercial use...

* Ezra hopes Cookie reads this :)
Even for non-commerical use it would be illegal.

It is a very big myth that you can do/use whatever you like as long as you don't ask money for it. That's totally untrue... however you often see this argument in discussion about copyright. Also, yes, there are differences between countries and their laws, but most of the discussions (and also this one) are actuall so basic and are about international copyright stuff. People often argument with "it only applies in that country; it doesn't apply here; etc. etc.", well in almost all discussion I've seen, that again is a very untrue 'urban myth'. Copyright is copyright, no matter what country you're using it in, and especially in regards to music/movies/etc. The thing that could matter is the country where the copyright was given, not the country where you're playing the protected music. It only matters in very extra specific cases, cases which you'll never encounter as a common user/listener of music, video, etc...


quote:
Originally posted by Reaper
i might be way off, but if you just use the music and not the words then its ok. I'm not sure about that so correct me if im wrong
You're way off... lyrics vs. music or whatever doesn't matter... ;)


quote:
Originally posted by Negro_Joe
im not sure as long as your not making anyone pay to watch it.. i think its perfectly legal...though dont take my word for it...
quote:
Originally posted by Ezra
I'm not making anyone pay for it, just so I can safely make it and distribute it on my website :P
Making money out of it or not, it doesn't matter, it would be illegal...

However, distributing does matter. eg: you can watch a movie at home  with the family. But you may not broadcast/show the movie outside your home or for 3rd parties. And certainly not distribute it (selling it or for free, doesn't matter)...

----

quote:
Originally posted by hexel
You can use most clips (short part of the original) without license cost or royalties by displaying a proper notice where the clip was taken from.
Even using a small clip of some certain copyrighted music is illegal without you paying royalties.
It does _not_ matter in what country you're in.
It does _not_ matter if the music contains lyrics or not.
It does _not_ matter if you ask money for it or not.
It does _not_ matter if you add a thank you note or add some credits in the end credits.
If even often doesn't matter if you're going to distribute it or not!
It would simply be illegal!

quote:
Originally posted by hexel
So if you are going to publish the video to more than 1 or 2 people, it's illegal to use copyrighted music in it.
Even using it for your own, it would be illegal! Only if it is _explicitly_ granted that you may use small clips from the media, it would be legal (if you also obey the rules, like adding end credits etc).

--------

Music, video, pictures, etc... are _NOT_ public domain and/or royality free automatically (even if they are posted on the internet!). It needs an explicit and specific note from the author to make them public domain and/or royality free to use, even for your own!...


RE: Question about copyright by Ezra on 10-09-2005 at 06:04 PM

Allright, thanks :-)

I knew you could explain all the details right :)