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Re: Youtube copyright infringements are not all bad for the copyright holders?

Posted by PTravel on 12/13/06 00:59

"Colin B" <Colin B@cb.org> wrote in message news:457f2130@clear.net.nz...
>
> "Larry in AZ" <usenet2@DE.LETE.THISljvideo.com> wrote in message
> news:Xns9897826AAC590thefrogprince@69.28.186.120...
>> Waiving the right to remain silent, "PTravel"
>> <ptravel@travelersvideo.com>
>> said:
>>
>>> "Colin B" <Colin B@cb.org> wrote in message
>>> news:457e68e7$1@clear.net.nz...
>>>>
>>>> "Bill" <trash@christian-horizons.org> wrote in message
>>>> news:N5ydnWSmrfXg9ODYnZ2dnUVZ_vvinZ2d@golden.net...
>>>>> Thanks for an eloquent illustration of why copyright holders need to
>>>>> lighten up.
>>>>
>>>>
>>>> Thanks Bill for your comment. It is sometimes quite difficult for
>>>> conscientious filmmakers to know just when to seek copyright approval
>>>> and
>>>> when the "fair use" concept may apply.
>>>
>>> That's easy -- assume fair use won't apply.
>>
>> Sort of like U-Turns. If you don't know it's legal where you are, then
>> don't
>> do it.
>>
>> But, people don't like to think that way...
>>
>> --
>> Larry Jandro
>> Video Engineering & Equipment Rentals
>> Scottsdale, Arizona, USA
>> [Remove spamtrap in ALLCAPS to reply]
>
>
> Exactly Larry, so does this mean that a person in Australia needs to study
> the US copyright laws before uploading a video to a web site based in
> California, USA?

Because, by doing so, you've purposely-availed yourself of a U.S.
jurisdiction and subjected yourself to its laws (probably). It's a worse
situation when it's not clear where the website is venued. For example,
Google has localized versions for a number of countries, but it's not at all
clear where the servers are actually located.

> It's most likely that the Australian copyright laws and procedures are
> different to those in the USA. Would an Australian filmmaker need to get
> copyright approval in the USA, rather than Australia, for videos uploaded
> to Youtube?

For the most part, yes. However, I'd be surprised if there was a dramatic
difference in the scope of protection afforded protected expression in
Australia and the U.S. -- both are Berne Convention signatories and have had
to harmonize their copyright laws to be consistent with the Berne treaty.
However, I still maintain this isn't that difficult -- don't copy others'
expression without permission. Why would you do this, anyway?

>
>

 

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