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Posted by Bob Quintal on 12/20/06 22:59
"PTravel" <ptravel@travelersvideo.com> wrote in
news:4us040F19nhtvU1@mid.individual.net:
>
> "Larry in AZ" <usenet2@DE.LETE.THISljvideo.com> wrote in
> message news:Xns989ED5713E1B7thefrogprince@69.28.173.184...
>> Waiving the right to remain silent, Bob Quintal
>> <rquintal@sPAmpatico.ca> said:
>>
>>>>
>>>> it says that:
>>>>
>>>> "These 100 million daily video views aren't people watching
>>>> kittens fall asleep. Most of the popular videos on YouTube
>>>> contain copyrighted material that YouTube shouldn't be
>>>> presenting in the first place. This isn't just music videos
>>>> and Saturday Night Live skits - if music is playing in the
>>>> background while someone is dancing around, that's still
>>>> copyright infringement. "
>>>
>>> Bu!!$#!t, that's fair use.
>>
>> You can stamp your feet and call it so, but that doesn't make
>> it so...
>>
>> United States Code
>>
>> TITLE 17 - COPYRIGHTS
>>
>> CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT
>>
>> Sec. 107. Limitations on exclusive rights: Fair use
>>
>> Notwithstanding the provisions of sections 106 and 106A, the
>> fair use of a copyrighted work, including such use by
>> reproduction in copies or phonorecords or by any other means
>> specified by that section, for purposes such as criticism,
>> comment, news reporting, teaching (including multiple copies
>> for classroom use), scholarship, or research, is not an
>> infringement of copyright. In determining whether the use
>> made of a work in any particular case is a fair use the
>> factors to be considered shall include -
>>
>> (1) the purpose and character of the use, including whether
>> such use is of a commercial nature or is for nonprofit
>> educational purposes;
>>
>> (2) the nature of the copyrighted work;
>>
>> (3) the amount and substantiality of the portion used in
>> relation to the copyrighted work as a whole; and
>>
>> (4) the effect of the use upon the potential market for or
>> value of the copyrighted work. The fact that a work is
>> unpublished shall not itself bar a finding of fair use if
>> such finding is made upon consideration of all the above
>> factors.
>>
>> Additional copyright information may be found at:
>> http://www4.law.cornell.edu/uscode/17/index.html
>>
Larry, read the Original comment again
This isn't just music videos
>>>>- if music is playing in the
>>>> background while someone is dancing around, that's still
>>>> copyright infringement. "
So, a skit posted to U-Tube is not generally of a commercial
nature. That means the music playing is allowable under point 1.
Since the music is "in the background" and therefore the
"substantiality of the portion used" is not exaggerated.
That means the music playing is allowable under point 3.
the use of the music in the background of a skip does not have a
negative effect on the potential market for the copyrighted
work, and may in fact have a positive effect.
That means the music playing is allowable under point 4
Since the background music is unlikely to affect the "Progress
of Science and useful Arts" it would probably be allowable under
point 2
>
> I'm glad you posted this. You are, of course, correct and
> Quintal is, yet again, wrong.
>
I'm completely correct.The law that allows copyright of fiction
and public performance has never been challenged on the grounds
that it violates the Constitution, but I think such a challenge
would have a fair chance of winning.
Besides the law is an ass.
-- Charles Dickens
What does that make lawyers?
--
Bob Quintal
PA is y I've altered my email address.
--
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