Re: John Kelly?

From: :-\) (anonymous_at_discussions.microsoft.com)
Date: 02/27/05 

Date: Sun, 27 Feb 2005 00:46:31 -0800

Will, pass this along to your friend.

Everything I needed to know I learned in elementary
school. Isn't that the title of a famous book, or essay
or something.?

I remember when I was in elementary school; there was a
big bulletin board at the entrance of the school with a
picture of each of the faculty and staff. Covering the
picture was a *** of Plexiglas. More often than not,
when a teacher may have been too strict, debased a
student in front of their classmates, or assigned too
much home work over the winter holiday, some wise a** kid
would come along and draw a moustache and glasses, or
antenna, horns, boogers, etc. on the glass on certain
teachers. In most cases, it was just kids being kids. But
in some cases, this served as a kind of barometer. If a
teacher came into school each day to find his picture
defaced, it would give them pause for reflection. Were
they being fair, had they embarrassed someone, had they
let anger seep out on the students due to some internal
strife? Anyway.

Something else, we never had locks on our lockers,
actually we weren't allowed to put locks on our lockers.
But what happed to the bullies? The kids who were being
kicked around during recess would take revenge; break a
couple of eggs in their locker, take their books, etc. As
a result, the bullies would have to put locks on their
lockers as a way to protect themselves for their actions.
Then, someone would come along and stick gum in the
keyhole. Sooner or later, the bully would realize that it
was his actions that were causing him strife.

Sound familiar? Think hard now!

I've searched and searched this forum, and the other that
Papa John posts in, and you know, I cant fined one
inflammatory statement, one unprofessional remark, one
comment that debases John Kelly. And you know what? His
site doesn't block anybody, not a single person.

These forums are a cyber community of people, a community
which has rules, laws of sorts, which should be followed
by all members in order for the community to be 'a nice,
safe place to live', just like in the real world. But
sitting in front of the computer we some times forget to
be nice, or take advantage of the fact that although big
brother is watching, there is no real price to pay here
for the crimes we commit.

Being a lawman for most of his life, wouldn't you think
John Kelly would come upon this himself? Or has that gone
to his head and led him to believe that he is above the
law?

TTFN

>-----Original Message-----
>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
>>
>>
>>
>
>
>.
>

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