I have several videos posted on Youtube now, and I just noticed that some are marked as having been blocked in some countries. They say they're blocked in the United States. Being in Canada, I can't check this out myself.
Would someone from the US care to check out my version of the Raiders March and tell me what happens?
Ah. I wasn't sure if it would block it entirely or if it would just superimpose ads on it. I wonder why they would block some of them, and not others? I also wonder about fair use... if I would have a leg to stand on if I appealed it? Anyone know anything about copyright law? I mean, I haven't copied the song, it's a performance. I understood that to be fair use. Am I wrong?
Mandli: Now I know how the elves feel. All the magic is leaving Middle Earth.
My RL job is working for a music licensing company.
For works that are in the Public Domain, have at them. Use them all you want with no penalty.
But if you're playing a copyrighted work and are using it is a "performance" then the composer(s)
and publishers must be paid for said work.
"I mean, I haven't copied the song, it's a performance. I understood that to be fair use. Am I wrong?"
Yes, very wrong. Think of it as you doing a fair days work. You expect to be paid for the day.
Composers have that same right as their music IS their work.
YouTube has policing by the music companies to make sure none of these copyrighted songs get
played without the composers and puiblishers getting their due for a performance.
Some slip through but eventually they are taken down.
To not get blocked it's best to create your own music or stick to public domain works.
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Yes, very wrong. Think of it as you doing a fair days work. You expect to be paid for the day.
Composers have that same right as their music IS their work.
I respect what you're saying and I agree that artists should be paid for their work, but it's a poor comparison here imo. The whole pay structure of licenses and royalties is very different from average people 'doing a fair days work' and 'expect to be paid for the day'.
The pay system for work protected by copyright laws seems to be more about making as much money as you can, for as long as possible, on work you only had to do once. It's about ownership, and leveraging that ownership to make profit.
Someone owns that series of notes and rhythms and if we want to listen to them, someone needs to be paid for that. Even if those notes are arranged in an abc file and played in an MMO. I think it's a bit silly when it gets to that point.
So does youtube have people that actually view every upload looking for copyright violations or is this process automated?
I always figured it was a computer program scanning audio against specific copyright recordings. So I'm surprised to see a typical lotro abc vid get shut down for copyright violations. Or did he only have a problem because he put the name of the work or the composer in the description?
This is an interesting topic and one that internet-media-generators will be faced with more and more in the coming years I believe.
I think I understand that, but where is the line? I mean, there was that little girl who posted herself singing Lady Gaga. Her video wasn't blocked. Heck, she wound up becoming a celebrity because of it. How about Justin Bieber?
How about the thousands of bands that are playing cover tunes at bars all over the world?
I don't see a difference. Yes, the original work was someone else's, but the abc is my own work and the performance is my own work. As I recall, there was a long thread some time ago that discussed the legality of even MAKING the abc files in the first place. I seem to remember someone saying that because it was new work (ie a personal variation of the original), it was considered "fair use."
Mandli: Now I know how the elves feel. All the magic is leaving Middle Earth.
4 main determining factors that determine fair use. To my mind, after a pretty through read, LotRO music falls in this category of Fair Use (Though I'm not a lawyer.....<parody> But I DO play one on TV!</parody>).
If we're a "Threat to their market"....then these folks are in serious trouble. /chuckle
As soon as I get paid real money for my ingame performance, and AM a "threat to their market", then I'll gladly pay a small royalty.
Most of the time we're doing Parodies and have adapted the music and lyrics to the Ingame setting......Parody is definitely fair use.
Oddly enough, Warner-Chappell, a division of Warner Music Group, which at one time, a division of Warner Brothers, now Time-Warner (Those folks who now own Turbine). Fairly recently Time-Warner/WB sold Warner Music Group, which included Warner-Chappell to Access Industries http://en.wikipedia.org/wiki/Access_Industries , as of July 20, 2011, which is, oddly enough a U.S.-based industrial group...."Industry", of course IMMEDIATELY makes me think of artistry and creativity.
*cough* *cough*.
/chuckle
Wouldn't hurt to file an appeal with YouTube......Worse they can do is say "No". Some EMS members have also had this happen recently to some of their videos, they've posted from the game. Label them a LotRO music parody next time.
Of course, right or wrong, you'll dealing corporate lawyers, trying to justify their job, with the corporate mentality of, if they say we can't, then we can't unless we want to pony up on our own lawyer to fight this "Horrible" breach of their profits and market! (They don't "have" to be right, they just need file the complaint, then have it unchallenged, from those who couldn't afford a lawyer to fight it anyway. *shrug*)
I'm just shocked they aren't raiding our homes without a warrant, locking us up and suing us for $100,000 PER INSTANCE!
<*snickers*, and takes his tongue out of his cheek before choking on it in laughter>
/facepalm
Additional Edit:
But, yes, the safest route is Public Domain tunes....lots of good stuff out there, and you get to stick your thumbs in your ears and wiggle your fingers, with your tongue out to the Corporate lawyers.
I have several videos posted on Youtube now, and I just noticed that some are marked as having been blocked in some countries. They say they're blocked in the United States. Being in Canada, I can't check this out myself.
Would someone from the US care to check out my version of the Raiders March and tell me what happens?
My videos are being blocked by Warner... Who owns Lord of the Rings Online! Why on earth would they block content from their own property? I mean, both the actual music and the performance are happening in their properties, if you see what I mean...
Mandli: Now I know how the elves feel. All the magic is leaving Middle Earth.
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