Re: John Kelly?

From: J. Daniel Smith (J_Daniel_Smith_at_hotmail.com)
Date: 02/23/05 

Date: Tue, 22 Feb 2005 22:35:09 -0500

Mr. Kelly can speak for himself...

But, if I had to guess (I haven't seen the videos you mention); I would
guess that--strictly speaking--the videos are probably not legal in terms of
copyright.

This probably doesn't create problems because the files are probably small
WMVs - too small to be TV shows or movies, and they don't have a MP3
extension; thus they don't arouse suspicion. Even then, it seems that the
first course of action is simply a request to remove the offending material.

   Dan

"James E Middleton" <someone@microsoft.com> wrote in message
news:u76AWfBGFHA.1936@TK2MSFTNGP14.phx.gbl...
> How do you legally host / post videos that contain material with copy
> rights; movie clips, songs, etc? E.g., clips from James Bond movies, songs
> from 'Rush', etc?
>
>
>
> And, maybe it's just a coincidence, but after asking you this question in
> another thread it seems like I can no longer access your site. could you
> explain that as well?
>
>
> This was was in another thread, may be of intrest:
>
> Thanks for your comprehensive responses. I now have a better idea where
> the
> line is drawn. Perhaps there are a few experts out there that can give us
> some more information as to how they've secured the rights to post clips
> which contain copy written songs or clips from movies on the Internet, to
> be
> view publicly. After all, all material gained from other sources should be
> duly acknowledged and if copy rights exist they should be respected. No
> value is obtained by publishing in any format other peoples work without
> securing right to do so.
>
>
>
> "J. Daniel Smith" <J_Daniel_Smith@hotmail.com> wrote in message
> news:%23MyY%23KqEFHA.1524@TK2MSFTNGP09.phx.gbl...
>> I'm not a lawyer either.
>>
>> If you already own the CD, then using a track as background music for a
>> personal video would probably be considered "fair use". It's probably
>> not
>> "fair use" if you download the MP3 from some file-sharing website,
>> regardless of how you use it (and it's questionable if all you use the
>> MP3
>> download for is to save yourself the hassle of ripping the track
>> yourself).
>>
>> Posting on the web might be OK as long as it wasn't at a publicly
>> accessible URL - i.e., you required a registration/login before viewing.
>> And even then, it should only be for your personal friends - not your
>> thousands of internet "friends".
>>
>> Dan
>>
>> "James E Middleton" <someone@microsoft.com> wrote in message
>> news:%23dfpK5nEFHA.732@TK2MSFTNGP12.phx.gbl...
>>> If I make a video in MM2 or Photo Story and use a famous song as the
>>> background music, is that OK? Does that fall under the 'Fair Use' clause
>>> of copyright laws, as long as I use it for my own 'entertainment'? Am I
>>> in violation of copyright laws if I cross the line and post it on the
>>> Web? Do I need permission from the copyright owner beforehand? Even if I
>>> don't make any money from showing it, there is some shade of gray there.
>>> It could be interpreted as being used as a means for personal gain. For
>>> example, generating traffic on my Web site. I could lure you to my site
>>> because you may like a particular song. Once there I could propagate my
>>> message or advertise some other product or service. Just wondering;.
>>> I've
>>> poured through the U.S. Copyright and not being a lawyer, it's all Greek
>>> to me.
>>>
>>>
>>>
>>> WHAT IS COPYRIGHT?
>>> Copyright is a form of protection provided by the laws of the United
>>> States (title 17, U.S. Code) to the authors of "original works of
>>> authorship," including literary, dramatic, musical, artistic, and
>>> certain
>>> other intellectual works. This protection is available to both published
>>> and unpublished works. Section 106 of the 1976 Copyright Act generally
>>> gives the owner of copyright the exclusive right to do and to authorize
>>> others to do the following:
>>>
>>> · To reproduce the work in copies or phonorecords;
>>>
>>> · To prepare derivative works based upon the work;
>>>
>>> · To distribute copies or phonorecords of the work to the public
>>> by sale or other transfer of ownership, or by rental, lease, or lending;
>>>
>>> · To perform the work publicly, in the case of literary,
>>> musical,
>>> dramatic, and choreographic works, pantomimes, and motion pictures and
>>> other audiovisual works;
>>>
>>> · To display the copyrighted work publicly, in the case of
>>> literary, musical, dramatic, and choreographic works, pantomimes, and
>>> pictorial, graphic, or sculptural works, including the individual images
>>> of a motion picture or other audiovisual work; and
>>>
>>> · In the case of sound recordings, to perform the work publicly
>>> by means of a digital audio transmission.
>>>
>>> In addition, certain authors of works of visual art have the rights of
>>> attribution and integrity as described in section 106A of the 1976
>>> Copyright Act. For further information, request Circular 40, "Copyright
>>> Registration for Works of the Visual Arts."
>>>
>>> It is illegal for anyone to violate any of the rights provided by the
>>> copyright law to the owner of copyright. These rights, however, are not
>>> unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
>>> establish limitations on these rights. In some cases, these limitations
>>> are specified exemptions from copyright liability. One major limitation
>>> is the doctrine of "fair use," which is given a statutory basis in
>>> section 107 of the 1976 Copyright Act. In other instances, the
>>> limitation
>>> takes the form of a "compulsory license" under which certain limited
>>> uses
>>> of copyrighted works are permitted upon payment of specified royalties
>>> and compliance with statutory conditions. For further information about
>>> the limitations of any of these rights, consult the copyright law or
>>> write to the Copyright Office.
>>>
>>> WHAT WORKS ARE PROTECTED?
>>> Copyright protects "original works of authorship" that are fixed in a
>>> tangible form of expression. The fixation need not be directly
>>> perceptible so long as it may be communicated with the aid of a machine
>>> or device. Copyrightable works include the following categories:
>>>
>>> 1. literary works;
>>>
>>> 2. musical works, including any accompanying words
>>>
>>> 3. dramatic works, including any accompanying music
>>>
>>> 4. pantomimes and choreographic works
>>>
>>> 5. pictorial, graphic, and sculptural works
>>>
>>> 6. motion pictures and other audiovisual works
>>>
>>> 7. sound recordings
>>>
>>> 8. architectural works
>>>
>>> Use of the notice may be important because it informs the public that
>>> the
>>> work is protected by copyright, identifies the copyright owner, and
>>> shows
>>> the year of first publication. Furthermore, in the event that a work is
>>> infringed, if a proper notice of copyright appears on the published copy
>>> or copies to which a defendant in a copyright infringement suit had
>>> access, then no weight shall be given to such a defendant's
>>> interposition
>>> of a defense based on innocent infringement in mitigation of actual or
>>> statutory damages, except as provided in section 504(c)(2) of the
>>> copyright law. Innocent infringement occurs when the infringer did not
>>> realize that the work was protected.
>>>
>>> The use of the copyright notice is the responsibility of the copyright
>>> owner and does not require advance permission from, or registration
>>> with,
>>> the Copyright Office.
>>>
>>> Form of Notice for Visually Perceptible Copies
>>> The notice for visually perceptible copies should contain all the
>>> following three elements:
>>>
>>> 1. The symbol © (the letter C in a circle), or the word "Copyright," or
>>> the abbreviation "Copr."; and
>>>
>>> 2. The year of first publication of the work. In the case of
>>> compilations
>>> or derivative works incorporating previously published material, the
>>> year
>>> date of first publication of the compilation or derivative work is
>>> sufficient. The year date may be omitted where a pictorial, graphic, or
>>> sculptural work, with accompanying textual matter, if any, is reproduced
>>> in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or
>>> any useful article; and
>>>
>>> 3. The name of the owner of copyright in the work, or an abbreviation by
>>> which the name can be recognized, or a generally known alternative
>>> designation of the owner.
>>>
>>> Example: © 2002 John Doe
>>>
>>> The "C in a circle" notice is used only on "visually perceptible
>>> copies."
>>> Certain kinds of works--for example, musical, dramatic, and literary
>>> works--may be fixed not in "copies" but by means of sound in an audio
>>> recording. Since audio recordings such as audio tapes and phonograph
>>> disks are "phonorecords" and not "copies," the "C in a circle" notice is
>>> not used to indicate protection of the underlying musical, dramatic, or
>>> literary work that is recorded.
>>>
>>> Form of Notice for Phonorecords of Sound Recordings*
>>> * Sound recordings are defined in the law as "works that result from the
>>> fixation of a series of musical, spoken, or other sounds, but not
>>> including the sounds accompanying a motion picture or other audiovisual
>>> work." Common examples include recordings of music, drama, or lectures.
>>> A
>>> sound recording is not the same as a phonorecord. A phonorecord is the
>>> physical object in which works of authorship are embodied. The word
>>> "phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as
>>> well as other formats.
>>>
>>> The notice for phonorecords embodying a sound recording should contain
>>> all the following three elements:
>>>
>>> 1. The symbol (the letter P in a circle); and
>>>
>>> 2. The year of first publication of the sound recording; and
>>>
>>> 3. The name of the owner of copyright in the sound recording, or an
>>> abbreviation by which the name can be recognized, or a generally known
>>> alternative designation of the owner. If the producer of the sound
>>> recording is named on the phonorecord label or container and if no other
>>> name appears in conjunction with the notice, the producer's name shall
>>> be
>>> considered a part of the notice.
>
>
> "John Kelly" <not@dot.com> wrote in message
> news:OJm%23XeTCFHA.3616@TK2MSFTNGP11.phx.gbl...
>> Hello there,
>>
>> Some will be aware of the excellent video's made by Weave using Movie
>> Maker. He has done it again folks...the new video called FEAR is
>> available
>> for viewing on The Kelly's website. He told me it would make the hair
>> stand
>> up on the back of my neck....he did not tell me what the video was
>> about...now that I have seen it I understand exactly what he meant....the
>> message in visual and audio form is well worth experiencing....I first
>> watched it using a surround system with the volume wound up.....it leaves
>> you feeling a little cold. A great video with masterfully use of Movie
>> Maker.
>>
>> --
>> Best Wishes.....John Kelly
>> www.the-kellys.org
>> www.the-kellys.co.uk
>> Check out free video hosting at www.the-kellys.org
>> ----
>> \|||/
>> (oo)
>> ----------ooO-(_)-Ooo-------------
>> All material gained from other sources is duly acknowledged. No Value is
>> obtained by publishing in any format other peoples work
>
>
>