Copyright Issues

[Silvio UV]

Hi,

We were recently commissioned to do a 10 minute AV on a rock band for a recent show.
To do the AV we used video clips ripped from DVD's and audio samples ripped from CD's. I would now like to put up on youtube in order to share it.
The AV is no more than 10 minutes and the video clips used are no longer than 30 secondes.
My querie is what are the copyright laws. Do have to ask permission from the DVD and CD editors for the clip I used or can I freely post it.

Thanks

Silvio

[vjair]

some of the questions are answered here

http://help.youtube.com/support/youtube/bin/topic.py?topic=10554

[Silvio UV]

Thanks for the link. I was also thinking in broader terms, can I use on Facebook or Myspace?
Is there a specific on how much you can rip from a DVD before getting into trouble?
We would really like to show the AV, but I'm wondering if I need to get permission for all the footage ripped.

Thanks

Sylvain

[deepvisual]

copyright is very complex and varies from place to place.
its almost totally ignored in china, but strictly enforced in europe. The US has a fair use policy.

basically, if you didn't make it and you haven't significantly changed it, you can't use it without breaking copyright.
if you get caught is another matter.
many high profile visual outfits use other people's material and take the chance they wont get caught.
others can get caught out the first time they perform (http://vjforums.com/showthread.php?t=26361) and end up in a world of trouble.

[Silvio UV]

Thanks, that's what I thought. So basically post it, and then wait and see. If all goes well no probs.

[deepvisual]

the more anonymous you are the better..

[Silvio UV]

will keep that in mind. cheers.

[asterix]

No doubt the rock band will be pulled up if it came to it though. If you're commissioned to do it then you should really use licensed or self made content.

[vj_jasper]

i agree with asterix one hundred percent.
if a company goes after the rock band and they have to sell their guitars to pay for legal costs,
then the rock band will not be overly pleased with the video editor's content.

this clip is fair use in the states:
everything under two seconds, and used for educational purposes .. not commercial at all, and does not give away substantial portions of usable content.

YouTube - A Fair(y) Use Tale

[Creon]

Er... This is a tangent and possibly naive, but a Copyright Issue none-the-less. How do DJs play records out without seeking clearance for copyrighted material where VJs must (technically) seek clearance, which can be as difficult as it is expensive. I know in practice that's only really necessary if you're playing big gigs, but can someone tell me if/what the differences in audio and visual copyright are?

[PCProject]

PRS theoretically covers payment to artists whose music is played in a PRS licensed venue. There is no equivalent for video

[vanakaru]

The next question is why stock video is so expensive to buy. Usually the quality of camera work is not too great, so this must be something else than artistic value that drives the prise. Most often I can shoot better clip than I would get from stock - that is if I have a location handy.

[Creon]

Wondering where copyright and symbols stand - eg: if you're trying to sell an image with a popular symbol, such as a ying and yang, for example, is that copywritten, and if so, who holds the copyright?

[vjair]

i dont think religions tend to copyright the symbols they use.

[Creon]

i dont think religions tend to copyright the symbols they use.

But then, there was a man who sued God...

Also wondering if you need a property release to do artistic replications of famous, or not-so-famous buildings? Thinking more specifically of local churches, places of interest etc.

[evomedia]

Symbols are not generally copyrighted, if its a company symbol like the apple symbol or the nike swoop they are more likely a registered trademark.

Trade marks are symbols that distinguish goods and services in the marketplace (like brand names and logos).

This may help:
http://www.ipo.gov.uk/tm.htm