Fair use question ...

Falkie2013 · September 27, 2013, 12:28:30 AM

I've been posting my viideos on You Tube and have been using cuts from my personal music collection, most of which have been taken off my cds which I have purchased. I don't like downloads and like having the original song, cd, disk, or record.

Now copyright holders are objecting to my using the cuts in the videos, yet music is all over You Tube.

I believe I may have a right to use the music under the Fair Use laws.
My use of the content is to emphasise the content of my videos and is done for social, satiric or other area.
I think I have a right to use the music.
I have about 900 music cds and albums and bought most of them.

Fair use
Section 107 of the Copyright Law allows for the "fair use" of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Anyone familiar with this subject ?

I was also amazed that the rights holders to the Hitler video are complaining aboujt the use of their video in posts yet the text involved is usually done to be comedic.
which would seem to be covered yet they don't go after the creator of the site that allows on to create these videos.
I went and bought a DVD of Downfall because I was curious about the movie.,
One would think the rights holders would aporeciate the noteriety about the film due to the videos. I wouldn't have heard about the film if I hadn't about it from You Tube.
What really amazed me was that the rights holders of Al Jolson's Telll It To The Marines ( 1917 ) objected to my using it. Most people haven't even heard about Jolie much less Tell It To The Marines.

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Juan · September 27, 2013, 05:47:57 AM

You would think you are correct, but rights holders try to bully and seem to get away with it. It used to be that copyright was available for 28-years, then renewable for another 28. The law was changed in 1976 to give protection for the life of the copyright holder. Then Mickey Mouse's copyright came close to expiring and Disney went into action. They got the copyright extended by Congress and threw in a number of other protections. Now copyright law is a big mess and the corporations who own the copyrights can bludgeon someone like you.

scottydawg · September 27, 2013, 10:23:39 AM

Yes isn't it wonderful?

Even a good old song like "Happy Birthday to You" is owned by someone and if you use it in a movie or TV show you have to pay for it. Well just proves the saying, "We have the best government money can buy!"

onan · September 27, 2013, 10:33:39 AM

Not that I do not have the same feelings, but why would something I create not always be mine?

If I construct a building and keep it in good repair, in 30 years should it become public property?

I get it, it is a pain in the ass. But I can see why Walt or his ghost doesn't want to give up Mickey.

Tinfoil Hat · September 27, 2013, 05:04:14 PM

I hate to say this, but I think you'd lose should this go to court. Using music like this is one reason shows like WKRP in Cincinnati had problems releasing DVDs. Apparently they had trouble getting the rights to use clips of the music originally used in the broadcast shows.

Falkie2013 · September 27, 2013, 11:08:27 PM

Has anyone ever countersued the record and film companies given that the clause I stated in the law would seem to allow news and other commentators to use songs or excerpts of songs in their commentary ?
I could see one possible way to get around it, since you're apparently allowed to use a partial clip and the law says nowhere what the length of it must be ( nor do court decisions ), parody it which is legal.

Falkie2013 · September 28, 2013, 01:16:32 AM

Quote from: Tinfoil Hat on September 27, 2013, 05:04:14 PM
I hate to say this, but I think you'd lose should this go to court. Using music like this is one reason shows like WKRP in Cincinnati had problems releasing DVDs. Apparently they had trouble getting the rights to use clips of the music originally used in the broadcast shows.

I think its ironic as hell that the rights holders to Jolson's 1918 Tell It To The Marines would object to my playing in in social/political commentary gicen the fact that were Jolson alive today he'd probably raise hell over anyone trying to stop HIS songs from being heard. The man was one of the greatest self promoters in history ala Barnum and Houdini.

" What's that you say ? They won't let a poor schnook play my songs on a video ? I won't stand fot that ! I'm Jolson and the public still wants to hear me sing ! "

What also bugs me is that they singled me out for using a portion of the song ( I love Jolson's songs and regret that he died 2 years before I was born ) yet there are videos all over You Tube with his songs on them INCLUDING the Marines song in its entirety that haven't been objected to nor have they been taken down.
I've emailed several attorneys with questions about very vague portions of the copyright act as it applies to fair use.

Juan · September 28, 2013, 01:36:18 AM

Quote from: Falkie2013 on September 27, 2013, 11:08:27 PM
Has anyone ever countersued the record and film companies given that the clause I stated in the law would seem to allow news and other commentators to use songs or excerpts of songs in their commentary ?
I could see one possible way to get around it, since you're apparently allowed to use a partial clip and the law says nowhere what the length of it must be ( nor do court decisions ), parody it which is legal.

I don't remember all the details, as it has been years since I was in broadcasting, but part of the law (or maybe an agreement with the performance rights organizations) that allows for a given number of seconds of music (IIRC 20 seconds) without it being a violation. I suspect your clips were longer.

Earth Pod · September 28, 2013, 01:45:36 AM

Quote from: Falkie2013 on September 28, 2013, 01:16:32 AM
I think its ironic as hell that the rights holders to Jolson's 1918 Tell It To The Marines would object to my playing in in social/political commentary gicen the fact that were Jolson alive today he'd probably raise hell over anyone trying to stop HIS songs from being heard. The man was one of the greatest self promoters in history ala Barnum and Houdini.

" What's that you say ? They won't let a poor schnook play my songs on a video ? I won't stand fot that ! I'm Jolson and the public still wants to hear me sing ! "

What also bugs me is that they singled me out for using a portion of the song ( I love Jolson's songs and regret that he died 2 years before I was born ) yet there are videos all over You Tube with his songs on them INCLUDING the Marines song in its entirety that haven't been objected to nor have they been taken down.
I've emailed several attorneys with questions about very vague portions of the copyright act as it applies to fair use.

There's lots of song writers/producers who don't get paid income for their work that slips through, for various reasons, so they do enforce usage where they can.

Something in the back of my brain says you can use 10 seconds of a song w/o having to pay for it but I could be wrong. Call ASCAP and ask them what it takes to use a song as well as the 10 second thing, which I think applies to sampling a song--not sure though. There are tons of songs that are now in public domain that you don't have to pay for but HAPPY BIRTHDAY is not one of them---yet.