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pstigerfan

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I have some of my videos on Vimeo as private, if you don't have the password, you can't view them. I would think a "private video site" would be more secure than ones like YouTube or Vimeo where anyone can see them unless you set them up as "private".

So far, still haven't had any of my Halloween or Christmas Videos pulled from Vimeo yet. But I do expect it to happen, just don't know when it will.

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Dale W. posted the below on the LOR Facebook Group, figured I would share it here for anyone who is not part of that group. I'm not sure it applies in our case but it might be informational.

"This video is protected by "Fair Use". The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: "quotation of excerpts in a review or criticism for purposes of illustration or comment...use in a parody of some of the content of the work parodied" http://www.copyright.gov/fls/fl102.html This video is for informational purposes only and is in no way used for any kind of monetary gain."
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In terms of CandyCaneTube.com, if password-protecting videos is a feature we should implement, then that is something that can be put in place. However, I think we should be good under the "Fair Use" policy above. I will confirm that with my attorney this morning just to make sure.

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The post that you quoted is the same that I used to keep my videos on YouTube. When they pulled my video, they provided a link to appeal it, and I replied with that exact post. About a day later, my video was back on the site.

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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?

Could the issue be that, even though we are not making money on it and the viewers are not being charged to view it, Businesses pay for advertising on Youtube and therefore Youtube is making money on our videos and the artists songs, but are not paying any royalties to the artists or to us. In otherwords they are making money on other peoples hard work! That is copyright infringement. We have a choice to put our videos on there and not get paid for it, Using someone elses music like we do, does not give them the choice of it being posted.
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kzaas wrote:

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?

Could the issue be that, even though we are not making money on it and the viewers are not being charged to view it, Businesses pay for advertising on Youtube and therefore Youtube is making money on our videos and the artists songs, but are not paying any royalties to the artists or to us. In otherwords they are making money on other peoples hard work! That is copyright infringement. We have a choice to put our videos on there and not get paid for it, Using someone elses music like we do, does not give them the choice of it being posted.


That's an excellent point kzaas! YouTube puts advertisements in a lot of the videos lately, and when they do, I can't view those, when I get that the "ad will appear in 5 seconds" or whatever it says. It locks up my computer and I have to do a CTRL-ALT-DEL to shut the browser down and reload it back to my home page. Every YouTube video I get with those type ADs never work for me.

But they probably do for many others that view them and those ads ARE generating revenue for YouTube, and I can agree that IS a big part of the problem, we aren't paying to post them, viewers aren't paying to view them, but YouTube IS making money off them, therefore in all reality, since YouTube IS the HOSTING site, they are the ones that SHOULD BE paying all royalty and licensing fees for ANYTHING posted on their site, not the person posting the content.

From the several lawsuits I've read about over the copyright infringement, it's not the band or the person singing Karaoke these folks go after, IT IS the BUSINESS OWNER, therefore, in my reasoning of reading those, I'd say the owners of YouTube should, by all rights of any logic, be responsible for all licensing and any other fees associated with allowing of the posting of video content on their site!

But we all know that's not going to happen unless the music industry really shakes them down, and somehow I just don't see it going in that direction.
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Having our own website would probably be a good benefit to the artists. We all own acopy of the same music for the most part, or do your best to obtain it and if it's not available then someone might share it. If someone finds a new song, those interested in it, goes and buys their own copy. The artists would have a higher percentage of sales from our share site verses YouTube. I think this forum does a good job encouraging this.

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@scubado:
I agree with you on that score! I think most of us have bought more CD's or on-line MP3's from those sites that sell them from listening to songs in many videos or even from actual displays we've visited.

So I really agree a lot with your assesment!

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BTW: for the record, I never really knew too much about TSO until I heard their music at a local display. Fell in love with it and in 2011, went out and bought just about every TSO CD I could get my hands on in the local music store.

Have also bought Mannheim Steamroller and so many others I've lost track!

Just know if it hadn't been for the videos and active displays in my area, I probably wouldn't own any of the CD's I have now.

And I'm always on the lookout for more each and throughout the year to see what new music I can find to add to my collection.

So our displays have really promoted many new sales to folks that may not have ever heard of these artists if it wasn't for them and the video posts!

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I've started working on a "proof-of-concept" model for the site which I'm hoping to have rolled out by the end of February. I've had a few people PM me letting me know of their interest.

Anyone else who is interested in using this service, PM me and let me know; that way I can keep everyone posted via PM on the progress of the site.

Also, if anyone has any features they would like to see, let me know via PM.

Thanks,
Paul

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pstigerfan wrote:

The way I see it, using a Mr. Christmas device puts that in the same boat with using LOR devices.

The manufacturers of Mr. Christmas most likely own the copyright on the music it plays (not on the tunes themselves - they are all Christmas carols that have been in the public domain for a long time). When you buy a Mr. Christmas, you are also buying a license to play its music in public from the device purchased. You are not given a license to record (copy) and play the recording publicly.
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