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Copyright infringement question

Discussion in 'The Okie Corral' started by badge315, Sep 23, 2012.

  1. badge315

    badge315

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    I recently attempted to upload a vacation video to my Facebook account and Facebook deleted it, citing an alleged copyright infringement due to the music that I dubbed onto the video. Mind you, this was not music that I stole; they were short clips of songs that I purchased on my iTunes account.

    So how did I infringe on anyone's copyright by adding music - that I paid for - onto a home movie? At what point does something that I paid for actually belong to me?

    If I show the same video to friends at home vs. posting it on the internet, am I infringing on the copyright then also?

    It would seem that, taken to its logical conclusion, I would be infringing on an artist's copyright by playing a song for anybody that hadn't paid the artist to hear it.

    Can somebody please explain this to me?:dunno:
     
  2. Naelbis

    Naelbis

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    You don't own music you buy anymore, you are just leasing the right to listen to it.
     

  3. RonS

    RonS Millennium Member

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    Remember the good old days when you bought software and could resell it? Now you buy a license to use it. I don't know how we got to this point but some crafty lawyer/accountant is behind it and I hope he shows up in one of Niven and Pournelle's Inferno books in a particularly painfull way.
     
  4. ThatGuyDave

    ThatGuyDave

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    In the end it's all about the all mighty dollar and making sure those who feel they deserve money get it. Once Napster fell it feels like a hundred new music laws appeared in the books.

    Sent from my Galaxy Nexus using Tapatalk 2
     
  5. jph02

    jph02

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    When you "buy" a song (on iTunes, CD, etc.), you are actually buying a license. The license generally gives you permission to listen to and copy the music for personal use, but not rebroadcasting, such as uploading to Facebook. If you show the video to family and friends, you're probably ok, but you would be infringing if you did the same publicly or commercially.
     
  6. .264 magnum

    .264 magnum CLM

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    OK guys. Even back in the day if the OP bought a song on 8-track or whatever and used that music for personal or professional reasons he would have been in violation of copyright laws.

    Many times rights-holders don't care much about use for non-professioanl reasons - like a kid laying music behind a video for a school project. Other times they do.

    FB - tools that they are - face legal liability if they don't make efforts to remove potential copyright violations.
     
  7. airmotive

    airmotive Tin Kicker

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    Read your terms of use that you agreed to :eyeroll when you signed up for iTunes. You purchased the right to listen to that song on up to 5 Apple devices that you own. Apple can also change and/or void your rights at any time and owe you nothing in return. Basically, you paid Apple for the privilege of paying Apple, and they will let you listen to THEIR song (not your song) in exchange.
     
    Last edited: Sep 23, 2012
  8. Bushflyr

    Bushflyr ʇno uıƃuɐɥ ʇsnɾ Millennium Member

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    Read up on "fair use". You are allowed to use copyrighted music in your video. FB took it down automatically via a pattern recognition algorithm. There was no human involvement. On YouTube you can appeal, just send in a fair use form letter and they'll put it back up. I imagine FB is the same although I've only done it on yt.
     
  9. Cali-Glock

    Cali-Glock Mountain Man

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    It is nothing new. When you buy music you have the right to own the 78, 33, 45, 8Track, Cassette, CD, MP3 or whatever and to play it for your personal enjoyment.

    If you want to play that music in a public setting, over the air, as part of a film, etc, that requires permission and fees.

    Again this is not something new but how copyrights have worked for music and other media for many many decades.
     
  10. certifiedfunds

    certifiedfunds Tewwowist

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    When you folks purchase a copy of software, like Photoshop or Windows, do you expect to be able to copy it as many times as you like, re-install it on as many machines as you like, duplicate it and hand it out to your friends for them to do the same?

    How is it any different?
     
  11. Hicksville Kid

    Hicksville Kid

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    Do you remember the marriage proposal set to the music "Marry Me" by Bruno Mars? It went viral and although it is/was infringement, Mars saw that his sales overall were soaring and, when interviewed, said it was ok and wished them luck. He made out well.
     
  12. raven11

    raven11

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    And on the other hand I know Metallica fans that torrent their albums just because of the hard stance Metallica took to copyright infringement
     
  13. certifiedfunds

    certifiedfunds Tewwowist

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    How many of you folks work for free? Hourly guys.......do you go ahead and work OT without putting it on your time sheet?

    How many of you who are land owners simply accept tresspassing and poaching?

    It is no different just because it is electronic.
     
  14. jpa

    jpa CLM

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    That song is by Train. Pat Monahan is the lead singer.

    Using a clip of music as background music for a vacation video should qualify under fair use. There should be a way to contact FB to get it resolved. Worst case, just strip the music out of the vid.
     
  15. Hicksville Kid

    Hicksville Kid

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    You are correct that Train did Marry Me, but the video that went viral was Marry Me by Bruno Mars.

    Here's a link:http://articles.latimes.com/2012/may/30/business/la-fi-tn-isaacs-live-lipdub-proposal-video-20120530
     
  16. Raleigh Glocker

    Raleigh Glocker

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    Regardless of the innocense of your personal use of the music, once you post it to Facebook, it is no longer holding the same place under the rules of "fair use." This is because, like it or not, Facebook is generating advertising revenue indirectly from your video. This is why they are heavy handed on the use of copyrighted material.

    In short, you wouldn't be sued for using the music. Facebook would because they are the ones generating revenue from it.
     
  17. badge315

    badge315

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    OK, how about when I purchase an actual CD? I can absolutely play that on as many devices as I want with no legal encumberances. And frankly, your comparison doesn't really apply bcause I didn't make copies of the songs and give them away.

    How does this have anything to do with my situation? As I stated in my original post, I paid for the music like an honest consumer.
     
  18. certifiedfunds

    certifiedfunds Tewwowist

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    Physically you can. Legally, honestly I'm not so sure. Certainly not with software.

    I honestly don't remember. I know many people object because they think if they bought the song they should be able to use it any way they see fit, up to and including giving away copies.
     
  19. airmotive

    airmotive Tin Kicker

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    It depends on the EULA you agree to when you install that software. I think I can install Photoshop CS5 on 2 of MY machines. (it's been a while since I installed, but I think that's what the EULA reads).
    Windows is another whole ball of wax...depending on which version you buy. IIRC, the OEM version I bought is supposed to be tied to the motherboard on the computer on which I install it. In other words, I can upgrade that computer as much as I want, but when I dispose of that motherboard, I am supposed to destroy my copy of Windows.

    End User License Agreements...It's a scary dark place.


    "Fair Use" applies to music that you purchased. With iTunes, you own no music...you bought only the rights to play that music on (up to) five and only five of your own, personal listening devices.

    A tiny, tiny fraction of what every iTunes user "agrees to":
    No portion of the iTunes Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the iTunes Service in any manner, and you shall not exploit the iTunes Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

    Notwithstanding any other provision of this Agreement, Apple and its licensors reserve the right to change, suspend, remove, or disable access to any iTunes Products, content, or other materials comprising a part of the iTunes Service at any time without notice. In no event will Apple be liable for making these changes. Apple may also impose limits on the use of or access to certain features or portions of the iTunes Service, in any case and without notice or liability.

    All copyrights in and to the iTunes Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE ITUNES SERVICE, EXCEPT FOR USE OF THE ITUNES SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.


    http://www.apple.com/legal/itunes/us/terms.html#SALE
     
    Last edited: Sep 23, 2012
  20. HollowHead

    HollowHead Firm member

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    Having tangled with ASCAP/BMI in the past, this is absolutely true. It has actually gotten to the point now that bar bands technically have to pay royalties for covering songs each time they play a gig. HH