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CandyCaneTube.com


pstigerfan

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There was a recommendation in the "Vimeo Licensing" thread that because Vimeo was starting to crack down on our videos, that we should start up on our video hosting website.

I took it upon myself to register "CandyCaneTube.com" and if there is enough interest to use it, I will set it up for video hosting. It will have all of the same features as Vimeo and You Tube- video uploading, setup albums/channels, etc. Plus it would be FREE.

Since I have the domain registered, I will provide the hosting along with providing the necessary support needed to get this endeavor off the ground.

If you are interested in possibly using something like this, please comment in the thread below. Also, if you have any questions or comments, please provide them here as well.

Thanks,
Paul

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This is a copy of post I just put up in the other thread. Not trying to cause problems, just trying to save some legal headaces.

let me put in my two cents on this. I was the one that contacted ASCAP and BMI and they did say playing for your display is fine. Se we are all good on that. Now what happens when you put a video up on line. You are now making it a public performanc. Take a look at any CD's or if you have them old 45's or LP's it will say somewhere on there public performance prohibited. Buying a copy of the music does not give you a ASCAP/BMI Liscenes or does it give you an over ride on copyright laws. I saw someoen suggest putting up our own site for videos. I had a similar idea and wanted to call it YuleTube. But to do that I would have to get a license from BMI/ASCAP and any other company that licenses music. Put up your own site and the companies will come for you too.

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I understood the copyright prohibited you from playing music in conjunction with commerce. If you are not engaged in commerce, the site should be within the spirit of the law.
***I am not a lawyer and am not engaing in legal advice***

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Count me in.

Now for my opinion on the copywrong issue.

If we can use the music in our display on our property and ANYONE can view it, and we aren't charging, we don't need a license.

But if we post it on a video hosting site utilizing the same music and recorded on our own property and ANYONE can view it, we now need a license.

Well sorry, but as far as I am ooncerned I see a major CONTRADICTION there as if I record my own display with the music and post it on a video sharing site, I honestly don't see a difference between the two, they ARE the same thing, only one was able to be seen in person, the other nothing more than a video of what could be seen in person.

Are we confused yet?

I'm sorry, but I just have to view this as a but twisted, on one hand you don't need a license, even though it's publicly displayed on your property with the music, then on the other you do need a license because it's now viewable as a video on-line of what someone could have watched or videoed themselves in person and put on a video sharing site with the same music.

Just makes your head spin don't it?

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maby some one needs to give them a call and get more information remember the big headache we caused our selves when we thought we needed it for our displays I dont think you need it if you are showing off your display now if you are selling sequences using the videos to display them then thats a diffrent story but just using the video to enter the contest and show it to friends I dont think you need one

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Orville wrote:

Count me in.

Now for my opinion on the copywrong issue.

If we can use the music in our display on our property and ANYONE can view it, and we aren't charging, we don't need a license.

But if we post it on a video hosting site utilizing the same music and recorded on our own property and ANYONE can view it, we now need a license.

Well sorry, but as far as I am ooncerned I see a major CONTRADICTION there as if I record my own display with the music and post it on a video sharing site, I honestly don't see a difference between the two, they ARE the same thing, only one was able to be seen in person, the other nothing more than a video of what could be seen in person.

Are we confused yet?

I'm sorry, but I just have to view this as a but twisted, on one hand you don't need a license, even though it's publicly displayed on your property with the music, then on the other you do need a license because it's now viewable as a video on-line of what someone could have watched or videoed themselves in person and put on a video sharing site with the same music.

Just makes your head spin don't it?

Big difference between the two. There is no good way for one to copy your music when watching the display live (and say somebody did install some sort of recorder in their car radio, the quality would be fair at best). Whereas somebody can go on youtube and watch you display and utilize a site such as http://www.listentoyoutube.com (amongst other software) and download a near perfect copy (to a non-audiophile) of your mp3 used.

Plus my guess is that our residential displays slip by the law since it is difficult for them to prove that your live display isn't just for your personal enjoyment (much like when you are working out in the yard with your radio loud enough for the neighbors to hear), whereas posting it online becomes a "broadcast" of sorts for others to view. Similarly, one could probably make a DVD of your videos and when people were over at your house you could show them your videos. However as soon as you gave them a copy of the DVD for them to take home to watch at their home you probably crossed the line.

It is a hairy situation with lots of gray areas which is why they are having such difficulty legislating it after all these years of digital media. Sad thing is that regardless of what we do here in the USA, it won't change in the rest of the world (namely China) where most of the pirating happens. However, our own leadership will continue to make us Americans look like the bad guys and will create over-reaching laws to deal with us (very similar to the environmental laws in our country).
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T110431 wrote:

maby some one needs to give them a call and get more information remember the big headache we caused our selves when we thought we needed it for our displays I dont think you need it if you are showing off your display now if you are selling sequences using the videos to display them then thats a diffrent story but just using the video to enter the contest and show it to friends I dont think you need one

I would just use caution how it is worded if somebody calls so as not to draw attention to our situation which I suspect they won't like.
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I initially started out using youtube, but when they started pulling videos due to copyright issues, I removed all of my videos from youtube (and never posted one there since) and went to vimeo. I have 3 seasons of videos on vimeo now, and knock on wood, not one has been pulled! But now, since it is happening to other people, I figure it's only a matter of time before they get to mine.

I'm with Surfing4Dough on this on....


I would use it, just wouldn't want to own it.

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Some parts of this discussion on usage is kind of confusing, because sometimes we're allowed to use it and sometimes we're not. BMI and ASCAP cannot have it both ways, it is either one way or another. The way I see it, using a Mr. Christmas device puts that in the same boat with using LOR devices. I just see it as a little bit condescending, in my opinion.

I have a meeting setup on Monday with my attorney, hopefully he can provide me with some answers. I'm then going to try to get in touch with someone at BMI and compare their answer with my attorney's answer. Hopefully we can then get this hoopla sorted out.

How many videos up on YouTube are using copyrighted music, I would probably estimate between 30-40%. How many videos are copyrighted in general? Probably 60-80%. If YouTube went through and deleted every single "copyrighted" video, then YouTube would cease to exist because most of its content would end up being deleted.

I am willing to take the chance with this site because I think it is allowed under "permissible use". If they send me a "Cease & Desist" order to shut it down, then it will go down. If they did that, then they would most likely have to hit everyone who has a video on YouTube and Vimeo with a fine, which would take too much time and cost them lots of money.

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Near perfect copy? If it isn't PERFECT, then why should that matter? And many YouTube and other videos may have remixed music, additional sounds, etc. that wasn't in the original song, so then you have to edit off the additions, if that's even possible. It tacked on the end or beginning, possibly, but they usually overlap, so then you have to "cut" the song, now it's a different work.

The copyright laws in themselves are not only compicated, they are downright confusing to most anyone that reads through them. They even contradict themselves in the same vein that you can do this, then no, you can't or vice versa.

And I can guarantee you no two lawyers may even agree on the interpretation of these copyright laws.

It's enough to make your head spin and give you nightmares just trying to figure out what it is they are really trying to say.

And I'll bet the music industry folk have the same issue with this as well. It's the most confusing {as far as I'm concerned} and complicated document ever written.

Only good place I can find it fit for is a shredder.

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The few I posted long ago got pulled. So I have been using my hosting account for sharing. There is no search of course. The only way people see my videos is if they see the link posted somewhere or I send it to them.

Most ISPs provide space for you to post pictures and videos. So anyone should be able to upload their own for free.

No ads and other jazz on the page, but it allows me to share what I want. Yes its public, but will not be found in a google search.

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