|
|
Posted by Colin B on 12/12/06 20:56
"PTravel" <ptravel@travelersvideo.com> wrote in message
news:4u8e2bF17bineU1@mid.individual.net...
>
> "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. Fair use is, first of all, a
> defense to copyright infringement, meaning it will only be addressed in
> the context of a lawsuit. If it applies, you're not liable. If it
> doesn't apply you are. Copyright infringement lawsuits can easily exceed
> $250,000 or more in legal fees. Do you want to spend that much to find
> out?
>
> "Conscientious filmmakers" should not copy other's protected expression.
> Period.
>
>
>> As a new user of Youtube, I have been blown away by all the copyright
>> controversy, and I just wanted to seek some expert advice before I
>> started uploading some video from my personally created library! I have
>> learned a great deal from all the people who have kindly given me answers
>> to my questions.
>>
>> Incidentally, an update on the Robert Tur case against Youtube can be
>> seen here:
>>
>> http://news.com.com/Mark+Cuban+courts+YouTube+foe/2100-1030_3-6135703.html
>>
>> The question of whether Youtube profited directly from Tur's footage is
>> referred to in the above article.
>>
>
Thanks PTravel for frightening the life out of us all once again! Yes, it's
possible that someone could sue you for a copyright infringement and it
could bankrupt you in just defending the law suit! But I guess if you won
the case, you could recover your legal fees from the person who sued you?
In Robert Tur's law suit against Youtube, he is seeking $150,000 per
violation, so I wonder if Youtube uploaders are aware of the large sums of
money involved?
http://news.com.com/YouTube+sued+over+copyright+infringement/2100-1030_3-6095736.html
It's interesting that Tur claims that YouTube representatives inquired
whether Tur would be interested in receiving a share of the advertising
revenue generated by his video clips, see:
http://news.com.com/Mark+Cuban+courts+YouTube+foe/2100-1030_3-6135703.html
I wonder PTravel, whether this is the first indication that the safe harbor
of the DMCA could be vulnerable if a copyright holder can prove that
advertising was taking place on Youtube at times when the offending video is
being played?
Some of the videos uploaded to Youtube have had huge numbers of viewers. For
example, Enya singing "Wild Child", has been viewed 138,000 times, and
favorited 1633 times and has been on Youtube for 5 months:
http://www.youtube.com/watch?v=k_LCcAXr0ZU
Or what about Da Ali G Show: http://www.youtube.com/watch?v=1gr04EotJ44
This one, called "Dangerous Weapons" has been viewed 376,000 times and
favorited 1035 times and has been on Youtube for 4 months.
I'm sure if I uploaded one of my copyright clean and inspiring travel
movies, I would be lucky if I got one hit per day, so perhaps the copyright
focus really needs to be on the videos that are generating huge numbers of
hits, such as those referred to above?
[Back to original message]
|