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Fair use music


ItsMeBobO

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Four of my videos on YouTube have been flagged for possible copyright infringement. YouTube did not remove the videos, all they did was to add some 'Ads by Google' links to the video's home page. I assume that the copyright holder (which is UMG for my videos) gets the revenue from the links.

tom.

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  • 2 months later...

I've been trying to upload my Halloween videos of my lights and none of them are working. All are getting flagged as copyright material.

I guess we need to find another place to host videos of our lights:-(

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JeffBlan wrote:

I've been trying to upload my Halloween videos of my lights and none of them are working. All are getting flagged as copyright material.

I guess we need to find another place to host videos of our lights:-(


Try http://www.Vimeo.com.

Better video.
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I'm using viemo to see how that works since you can create higher quality files.

Thanks for the pointers to other sites you guys are using!

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  • 2 weeks later...

I uploaded my Halloween video and got flagged. When youtube sent me a message about the copyright law I disputed it saying that I was not making money off of it nor redistributing the video for profit. Youtube lifted the flag and my video is now on youtube.

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RobDaddy wrote:

I uploaded my Halloween video and got flagged. When youtube sent me a message about the copyright law I disputed it saying that I was not making money off of it nor redistributing the video for profit. Youtube lifted the flag and my video is now on youtube.

Now that is surprising to me that uTube would lift the flag.
It doesn't matter if you are profiting off the backround music or not, it still belongs to the owner and should have their approval to use it. Of course I bet 99% of people don't ask. For something like this, most artist don't even care anyone. If anything it gives them more exposure. That's what happened to TSO. Technically ASCAP could come after a lot of people if they wanted to.
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RobDaddy, It's not you making the profit, it's YouTube. I, too, find it interesting that they dropped.

There have been several posts on PC about video's getting pulled.

I bet Google is not real happy with all this after spending $1.6 billion!

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Like others I use viemo too. Much better quality and larger viewing area. Plus it gives you the ability to add overlays and custom colors to your video.

I have had Halloween videos flagged on YouTube. I hear they are mostly going after a lot of users that use Disney songs. As far as Halloween goes though.

It is going to get to the point where you can't even play music at all because record companies are afraid they are going to get recorded and redistributed.

I don't see how having music playing in the background of video could be considered copyright infringement. If they really wanna get technical they could slap everyone who does computer controlled displays with a law suit or make them pay royalties for every time you play a song over a transmitter. I am surprised ASCAP and BMI have not gone as far as enforcing that. It is pretty much the same situation.

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  • 1 month later...

Looks like I'm going to try MetaCafe or putfile. Vimeo has new restrictions and you must pay $60 a year if you want to upload more then 1 HD video a week:(

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JeffBlan wrote:

Looks like I'm going to try MetaCafe or putfile. Vimeo has new restrictions and you must pay $60 a year if you want to upload more then 1 HD video a week:(

I take it you upload a lot of videos?
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Well not alot but I wanted to take advantage of the HD at vimeo and I have 13 videos of my Christmas lights. I don't want to take 13 weeks to get my videos up for this Christmas season.

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Yea I see what you mean.

I think $60 a year is fairly reasonable for HD though. I think YouTube might be leaning towards that soon. The past couple of weeks I have seen them overhauling that site and upgrading things to accommodate HD and widescreen videos. I think they might be trying to compete with Vimeo....

At least if you pay you can have the argument if they take down a video.

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If the price was closer to $30 it may not seem so bad.

After I first posted about vimeo today, I've been doing research about them and other sites. It appears that vimeo is struggling. One of the main founders of the site left the company.

I did find a site that looks promising. It is viddler.com. I uploading test files to putfile and viddler to see how they look. I tried metacafe but they have a 100MB limit. My HD videos are larger then that so I would have to re-encode them before I upload and if I don't have to perform an extra step, I would rather use on of the other sites.

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If you break it down if you are uploading 13 videos at least then that is $4.50 per video. By far I think videos on Vimeo look so much more better. I like the feature you can overlay text and select the color which is very web site friendly to match your site if you embed them on your page.

I am not saying they should charge but they are HD videos and you are getting quality when you use them. I would be better if it was cheaper for those that only want to upload just a couple of videos or give a package like pay for upload for HD or give them the option to pay per year.

Vimeo is still fairly new. It will catch on before long and more people will start using it. Will it become more popular then YouTube, probably not since they are affilated with Google, but they will make it. If you want another free option start a MySpace page for the kids to join and get them involved and list a link to it from your main web site. They eat that kind of thing up. Then you can upload videos to MySpace and still have the ability to embed the videos anywhere else. It is also a very good marketing and advertisment tool.

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Back to the question posted in the original posting -- yes I had a video with Mannheim Steamroller's Carol of the Bells yanked off YouTube yesterday. It is an interesting continuum. One way to think about it is...

I buy the Mannheim Steamroller CD with Carol of the Bells on it.

1. I play it at a party at my home where many other people can hear it. Is that a copyright violation? I don't think so.

2. I use it as music in a light show animation and blast it out on speakers so people in cars can hear it. I have no commercial interests. Is that a copyright violation? I don't think so -- but maybe it is?

3. I use it as music in a light show animation and broadcast it over a short range FM transmitter so people in cars can hear it. Again, I have no commercial interests. Is that a copyright violation? I don't know. Is it different than case 2?

4. I take a video of the light show animation using the music and post it on YouTube - now it is a copyright violation. I understand that though for me it is a non-commercial use because it is on YouTube's site they have to get involved relative to their commercial interests in the videos on their site as their intent is to make money.

The interesting questions are where do you cross copyright boundaries and can you get approval for use of these songs - and if so how?

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Well I set my videos up on viddler.com since it is free. I'll see how that goes and if I think I need a better solution, then vimeo is probably the best choice (even if you do have to pay $60).

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