How To Beat You Tube

[Robin]

A couple of years ago and two times last year I had a few problems with You Tube pulling my stuff. Then a friend of mine sent me this email correspondence and I sent it to You Tube and they stopped bothering me. So you all may want to keep this on file.
The response is from BMI and it should cover your bases. Just make sure in your description that you state that your video is of your house and you collect for charity or that it is for private use.

[size=this year, i will have an animated, outdoor christmas light display, similar to the one seen on tv last year. my christmas lights will be computer controlled to do different things, in synch to christmas music, that is copyrighted. the music will be transmitted from a unlicensed (license not required by fcc) low power fm transmitter. the maximum distance the transmitter is capable of transmitting is approximately 200 - 300 feet. people will be able to watch the lights and hear the music while sitting or driving by in their cars. do i have to license the christmas music i will be using to be able to do that ? i thought about putting a donations box outside to collect funds for a local charity. if i do that, would i have to license the christmas music ? NONE, ZERO of the monies collected would be kept by me.

thanks
]

__________________________________________________________________________________



A.J.,

No, a BMI performance agreement would not be required.

BMI does not have a license in place for this type of music use.

Thank you for your interest in BMI.

Robert F Nieves
Marketing Administrator
BMI
10 Music Square East
Nashville, TN 37203
genlic@bmi.com


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[size=
a.j.]

[SBontempo]

I had issues with Youtube a while back with some Rocky Horror Picture Show videos as well. The DMCA has Fair Use provisions in it for critiquing and interpreting other people's work without being harassed for copyright infringement.

All I did was dispute it and say that it was my interpretation of the song through lights and both issues were dropped. I received e-mails from youtube saying that I won the dispute and it was all said and done.

They put the videos back up as soon as the dispute was filed and I haven't heard a word from them since.

[bauera2]

I posted two videos last night and both contained TSO songs an BMI disputed them, I responded this am to say it was a personal holiday display no money was raised and that I had purchased the music CD's. Both videos can now be seen WITHOUT Sound as BMI said it still infringed on there copyright.

I now am a proud member of VIMEO.com and have not had any issue. I used them last year as the same thing happened with YouTube. Only reason I attempted this year was to enter LOR contest.

[George Simmons]

About half of my videos on YouBoob had the audio blocked. I've filed a dispute on them all and every one had the audio restored while the dispute proceeds through channels. No disposition of any yet and it has been over a week.

[jaimwolfe]

I use Vimeo.com because of this exact reason. Haven't had any problems there.

[PMC]

Copyright Disclaimer Under Section 107 of the Copyright Act 1976,
allowance is made for "fair use" for purposes such as criticism,
comment, news reporting, teaching, scholarship, and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing.
Non-profit, educational or personal use tips the balance in favor of fair use


All you need to do is this:

1. Go to your My Videos page.
2. Click on Content Matches ID in the left side bar.
3. Find the video you wish to dispute, and click the button that says View Copyright Info.
4. Scroll down to the bottom, and click the link that says I want to learn more about the dispute process.
5. Click the link on the bottom right side of the page that says Take me to the dispute form.
6. Select the second radio button that says, "This video uses copyrighted material in a manner that does not require approval of the copyright holder. It is a fair use under copyright law."
7. To the right of that button, type a brief explanation of why you think your video is fair use. When disputing content IDs for my anime music videos, I usually say something like, "This video is fair use under U.S. copyright law because it is noncommercial and transformative in nature and has no negative effect on the market for the original work."
8. Type your full name (your actual name not your YouTube username) into the signature box.
9. Copy the good faith statement into its box, stating, "I have a good faith belief that the material was disabled as a result of a mistake or misidentification, and that I am not intentionally abusing this dispute process."
10. Click the continue button, and then say yes when it asks you to confirm

When this is done the results are instantaneous, I have done this for 30 of my videos on you tube. all of which are still free to play

[WilliamS]

PMC wrote:

Copyright Disclaimer Under Section 107 of the Copyright Act 1976,
allowance is made for "fair use" for purposes such as criticism,
comment, news reporting, teaching, scholarship, and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing.
Non-profit, educational or personal use tips the balance in favor of fair use


All you need to do is this:

1. Go to your My Videos page.
2. Click on Content Matches ID in the left side bar.
3. Find the video you wish to dispute, and click the button that says View Copyright Info.
4. Scroll down to the bottom, and click the link that says I want to learn more about the dispute process.
5. Click the link on the bottom right side of the page that says Take me to the dispute form.
6. Select the second radio button that says, "This video uses copyrighted material in a manner that does not require approval of the copyright holder. It is a fair use under copyright law."
7. To the right of that button, type a brief explanation of why you think your video is fair use. When disputing content IDs for my anime music videos, I usually say something like, "This video is fair use under U.S. copyright law because it is noncommercial and transformative in nature and has no negative effect on the market for the original work."
8. Type your full name (your actual name not your YouTube username) into the signature box.
9. Copy the good faith statement into its box, stating, "I have a good faith belief that the material was disabled as a result of a mistake or misidentification, and that I am not intentionally abusing this dispute process."
10. Click the continue button, and then say yes when it asks you to confirm

When this is done the results are instantaneous, I have done this for 30 of my videos on you tube. all of which are still free to play 

Genious! As proof this was block 2 mins ago, now its FREE!

http://youtu.be/Ge_WkfhBlYY

[PMC]

nice job on WiW, how come you didn't take advantage of that tree in front of your house and light that baby up?

[WilliamS]

I hate that tree, but Hoa's problem can't do anything about it.

[richardh]

The response from BMI only has to do with using their music on your house, and not YouTube. Usually all these systems are automated and you get flagged and if you dispute it like many of the posts above, then you will not have an issue.

I am in a dispute right now because I put a clip of the TV Show "How I met your mother" that showed a picture of my house and even dropped my name. I disputed it and then it came back online and then FOX came back again and took it down and now I have a copyright infringement mark against me and I can no longer put videos up as unlisted and all my counters for my videos are on hold.

I tried to contact the e-mail address that was on file with youtube for copyright infrindgement and it just bounced. I finally filled a DMCA counter claim which you are allowed to put in a comment that goes to the copyright holder and waiting to hear back.

Just so everybody knows, filling a DMCA is SERIOUS BUSINESS. Usually they will not come after you because you are just a single person and using it for non-profit, but if they wanted to play hard ball with you, they can really cause you a lot of grief and try and sue you.

Yes it sucks that we even have to deal with this, but when we use music owned by somebody else, these are the things we have to deal with.

[TJ Hvasta]

Rich, first.. LOVE your work!!! The house! the park! the Mall! Excellent work!

Ok, did you have to sign a release for them to shoot your house for the show, or did they "take" a video from online? If thats the case, then I'm pretty sure you've got grounds for a suit.

And GG.. it may be hotel's wifi here, but the audio/video timing is off by a second or more.. Audio ahead of the lights..

[doug petschke]

go goofy go!







GoofyGuy wrote:

PMC wrote:

Copyright Disclaimer Under Section 107 of the Copyright Act 1976,
allowance is made for "fair use" for purposes such as criticism,
comment, news reporting, teaching, scholarship, and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing.
Non-profit, educational or personal use tips the balance in favor of fair use


All you need to do is this:

1. 
   
2. Go to your My Videos page.
   
3. Click on Content Matches ID in the left side bar.
   
4. Find the video you wish to dispute, and click the button that says View Copyright Info.
   
5. Scroll down to the bottom, and click the link that says I want to learn more about the dispute process.
   
6. Click the link on the bottom right side of the page that says Take me to the dispute form.
   
7. Select the second radio button that says, "This video uses copyrighted material in a manner that does not require approval of the copyright holder. It is a fair use under copyright law."
   
8. To the right of that button, type a brief explanation of why you think your video is fair use. When disputing content IDs for my anime music videos, I usually say something like, "This video is fair use under U.S. copyright law because it is noncommercial and transformative in nature and has no negative effect on the market for the original work."
   
9. Type your full name (your actual name not your YouTube username) into the signature box.
   
10. Copy the good faith statement into its box, stating, "I have a good faith belief that the material was disabled as a result of a mistake or misidentification, and that I am not intentionally abusing this dispute process."
    
11. Click the continue button, and then say yes when it asks you to confirm

When this is done the results are instantaneous, I have done this for 30 of my videos on you tube. all of which are still free to play

Genious! As proof this was block 2 mins ago, now its FREE!

http://youtu.be/Ge_WkfhBlYY

[WilliamS]

doug petschke wrote:

go goofy go!

Except now I have to double check all my timings thanks to someone a few posts above this one. Ive watched it a million times and always knew something was a tad off, but NOOO someone has to point it out. Now Ive spent half the day making touches on a few of my sequences, not the videos the actual sequences. He actually did me a favor as more time in sequencer the better I can be. Thank you again TJ you did me a great favor and now 3 of my songs are almost 100% differnt than my original posting. I think for the better as more lights are in order per say than just chaos. This is my first year and Im learning the noob mistakes. I want some of your Pirates sequences!

Now back on topic, which I think the original post should be locked up.

[PMC]

I work in Commercial Radio for over 30 years now and when it comes to copyright laws they are written with the impression that your guilty, then your innocent
I work in Pittsburgh that's market 25 and when we play (radio broadcast) say a Katy Perry song we pay 50 cents for every time we play that song, the stations I work for pay royalties of nearly $10,000 a month to ASCAP/BMI, of course we are advertiser supported so we pass the cost onto them. Now you can see why Elton John is a very rich person

The Senate is trying to pass a bill S.978 now you have to read this remembering your guilty...then innocent

This Bill states that you need to profit from the copyrighted material and earn more than $2,500, but I know it will be blown out of proportion and perverted into all copyrighted material regardless of the non-profit/free to use clause

even if this bill doesn't get approved, you-tube,vimeo and other video servers are not going to be part of this for protection and will just block all copyrighted content with no exception from the uploader/user, unless you have permission from the copyright owner. and right now that would probably be Carson with TSO, and Kevin with LMFAO, if these two don't have permission from TSO or LMFAO I'm sure the paperwork will be emailed to them in a few hours giving the nod to play/use if they asked, if I email LMAFO and ask for permission, they would.....L (their) FAO

But this works 2 ways, Carson did more for TSO in 2006 than money could buy in advertising for that group, and I'm sure the same applies to Kevin, His video didn't hurt LMFAO record/download sales. so this Free To Play for non-profit worked for the artists whose songs were used by Carson & Kevin

Richard is in a gray area from what I can tell, he can clarify. He didn't profit from CBS/FOX showing his house or mentioning his name, it depends on where CBS/FOX got the picture/video from? did they get it from his website? or one of his videos on you-tube? if its you-tube then the permissions works both ways because no profit was made by CBS/FOX, But CBS/FOX is disputing saying he can't use it because he can profit from it. how? who knows.

Last thing, I think we light sequencers should have a user-permission cover for copyrighted music to be used by us, if it goes viral who profits? us? or the groups whose music we used in the first place.

[TJ Hvasta]

GG, no worries 'mate! Glad to help.. if saying the timings were off, making you get back in and fix them is helping

As for pirate (not pirated) stuff, by all means.. I have a couple PotC sequences that were sent to me, I massaged them for the yard and Black Pearl, I'll see if I can zip and email them to you sometime this week.