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Old 10-19-2012, 03:12 PM
 
74 posts, read 108,031 times
Reputation: 54

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This video contains content from Sony Pictures Movies & Shows and EMI, one or more of whom have blocked it in your country on copyright grounds.
Sorry about that.

Is it from the song or do you think the movie and why and how do I get around it?

I clipped a five minute video out of a movie and put a song to it and put the name of the song and movie and was immediately blocked by youtube.
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Old 10-19-2012, 05:59 PM
 
40,865 posts, read 42,278,559 times
Reputation: 17124
You can use other peoples material under "Fair Use", that doesn't fall under fair use.
Quote:
U.S. Copyright Office - Fair Use

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Any copyright owner can file a DMCA and have content removed from somewhere like youtube and in the case of youtube they use software to obtain a "fingerprint" of the audio/video and will remove it automatically. You can of course file a counter claim if a DMCA was filed but you'll open yourself up to liability if court were to determine it's not fair use. Youtube itself has the right to remove anything they want.
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Old 10-19-2012, 06:36 PM
Status: "Oh wait, what's this?" (set 6 days ago)
 
Location: Tyler, TX
15,222 posts, read 18,587,648 times
Reputation: 8079
Quote:
Originally Posted by Cbyrd View Post
I clipped a five minute video out of a movie and put a song to it
Congratulations. You just admitted to committing a crime. Two, actually, at least.

You know those FBI warnings at the beginning of a DVD? You should actually read one sometime.
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Old 10-19-2012, 07:19 PM
 
5,787 posts, read 4,061,500 times
Reputation: 849
Quote:
Originally Posted by swagger View Post
Congratulations. You just admitted to committing a crime. Two, actually, at least.

You know those FBI warnings at the beginning of a DVD? You should actually read one sometime.
Exactly.

Oh and you can't "get around" it. Youtube has software that examines your content visually and musically which will detect copyrighted material
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Old 10-20-2012, 11:35 AM
 
28,673 posts, read 40,880,691 times
Reputation: 37401
I would advise peeking through the curtains anytime the doorbell rings. If it's two guys in suits it's either the Mormons or the Feds.
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Old 10-20-2012, 07:58 PM
 
Location: Mableton, GA USA (NW Atlanta suburb, 4 miles OTP)
11,319 posts, read 22,825,559 times
Reputation: 3896
Quote:
Originally Posted by swagger View Post
Congratulations. You just admitted to committing a crime. Two, actually, at least.

You know those FBI warnings at the beginning of a DVD? You should actually read one sometime.
Those FBI warnings do not accurately outline the rights you have to the media on which they appear.
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Old 10-20-2012, 09:41 PM
 
15,922 posts, read 17,749,205 times
Reputation: 7646
Quote:
Originally Posted by rcsteiner View Post
Those FBI warnings do not accurately outline the rights you have to the media on which they appear.
I don't understand what's so hard to understand here, even a 3rd grader knows what this means:



As the owner of the DVD, you have taken ownership of that copyrighted material. That ownership gives you a few rights. You have the right to pass ownership on to someone else (by selling the DVD or giving it away for example). You also have the right to make a backup copy of the DVD. You can also use small portions of the work for academic or non-profit purposes. To learn more read about Fair Use, Fair use - Wikipedia, the free encyclopedia .

Did the OP ask and get permission from Sony Pictures Movies & Shows and EMI to use their material?

didn't think so......
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Old 10-21-2012, 01:26 AM
 
40,865 posts, read 42,278,559 times
Reputation: 17124
Quote:
Originally Posted by plwhit View Post
As the owner of the DVD, you have taken ownership of that copyrighted material.
You've taken ownership of a plastic disc and a license to use the content on it.


Quote:
You also have the right to make a backup copy of the DVD.
This gets complicated but no you don't. For software it's specifically outlined in copyright law you can make backups, for audio there is the Home Recording Act. Both of these laws have come about because of litigation in the courts, there won't be any litigation whether you're entitled to make a backup of video because of the sledgehammer called the DMCA.

The DMCA doesn't cover the copyright of the material, it covers the encryption and other methods that are used to protect the media. The legality of the copy becomes irrelevant because you have to circumvent copy protections to obtain it. The DMCA covers all forms of media whether it's software, audio, text or video.

Having said that no one I'm aware of has ever been sued for making personal backups of video and it's unlikely that will ever happen. The MPAA/RIAA are unlikely to push the issue because of the possibility of a ruling against them.
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Old 10-21-2012, 04:20 PM
 
15,922 posts, read 17,749,205 times
Reputation: 7646
Quote:
Originally Posted by thecoalman View Post
You've taken ownership of a plastic disc and a license to use the content on it.

This gets complicated but no you don't. For software it's specifically outlined in copyright law you can make backups, for audio there is the Home Recording Act. Both of these laws have come about because of litigation in the courts, there won't be any litigation whether you're entitled to make a backup of video because of the sledgehammer called the DMCA.
I suggest you contact wiki.answers and have them correct their information, because that is where I got that from:

Quote:
You might notice the "FBI Warnings" at the beginning of many DVD's, it is important to note that these are not put there by the FBI, they are in fact placed there by the copyright owners. Meaning, they are not necessarily true.

As the owner of the DVD, you have taken ownership of that copyrighted material. That ownership gives you a few rights. You have the right to pass ownership on to someone else (by selling the DVD or giving it away for example). You also have the right to make a backup copy of the DVD. You can also use small portions of the work for academic or non-profit purposes. To learn more read about Fair Use, Fair use - Wikipedia, the free encyclopedia .

Fair use may give you the right to make a backup copy of a DVD you own, but the Digital Millennium Copyright Act (DMCA) may make it illegal to circumvent any preventative measures that copyright owners may include on the DVD.

If you already own a copy of a DVD, it is conceivable that you could download the exact same version of the work and have full rights to do so. However, downloading a "better quality copy" would probably entail downloading a different version (like a Blueray copy) that you do not have the rights to.
If you already own a DVD copy of a movie can you download a better quality copy without worrying about legal issues
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Old 10-21-2012, 08:40 PM
 
40,865 posts, read 42,278,559 times
Reputation: 17124
Quote:
Originally Posted by plwhit View Post
I suggest you contact wiki.answers and have them correct their information, because that is where I got that from:

If you already own a DVD copy of a movie can you download a better quality copy without worrying about legal issues
My information comes from copyright.gov and the legal opinion of a copyright lawyer, take your pick who you want to believe. Only one person or entity can posses a copyright. Copyright can only be transferred through legal means. The copyright owner distributes their material through a license, how you may use that material or if you can make copies is dictated by the license.


Quote:
If you already own a copy of a DVD, it is conceivable that you could download the exact same version of the work and have full rights to do so.
Since 99.9% of commercially available material is copy protected the file you will be downloading is an illegal pirated copy to begin with.
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