YouTube Music

[Xarex]

Well, I never like to think of YouTube as competition, as that's where i watch my videos and where the videos on my site come from.

The good news: YouTube's main site is still predominantly about regular vlogs -- regular ordinary people and news and all that crap.

The somewhat .. other news: YouTube has a music section dedicated to music.

I don't think this will effect us anytime soon unless YouTube plans to go full blown advertising and disable the ability to embed videos. For now we are safe. Lets hope YouTube/Google don't get any ideas.

http://www.youtube.com/music?feature=yoodle

[dhunt]

As long as google doesn't buy the other music video sites that are large, I don't look for a much of a change there.

[dhunt]

Just got finished reading up on the laws covering Embedding. It's not a copyright infringement to embed a copyrighted work. It is against the copyright to have it on your system and display it. Embedding is NOT a violation of the copyright act.

For instance, if you find something on one of the main sites like MTV or Youtube/Google Videos and they present an embedding feature, the copyright infringement is by the system that has the copyrighted file on it. Youtube is famous for having stuff on it's system that users have uploaded that the unloader is not the copyright holder and does not have the permission of the copyright holder. The Infringement is by them, not the ones that embed it for their own sites.

I just had to remove "It's a Wonderful Life" because it has been found to under copyright with because of derivative rights to an even older work. The author of the original derivative work wrote it in the 30s, had trouble getting it printed, didn't copyright it until he sold it in 1943. It was made into "It's a Wonderful Life" in 1946 which was not renewed. But it's protected under the derivative rights because of the older work and falls under the Death of the Author plus 90 years. "It's a wonderful life" becomes Public domain in 2073. I just learned this tonight and removed it. Wow, 2073.

[Andrew]

Thanks for sharing this dhunt!

[muzikia]

@dhunt

I posted many years ago a video embed of singer. One video.
After one month i received an email from the law firm
Representing that singer requesting the video deletion.

Of course i wanted to tell them about the embedding theories and so on.
I decided that is in vain and deleted the video for good.

Regarding the laws governing the embedding ....
Which law applies:
- the server law
- that subject national law who suffered the infrigment
- your server law
- your own national law
- even the law firm local law if the artist and that firm decided so.

As you can easily see it isnt so simple to say: the embed is permited if that server allows it.
As a legal guy, i could tell you that you have no easy solution if you receive a legal note.

As always, if there are 2 lawyers there are 3 oppinions.

[dhunt]

If The copyright holder says to take it down, you take it down. No arguing. Leave it up after that and you may become liable. You can write them back (after you take it down) and let them know where you got it from. Chances are, where you got it from is going to have to take it down as well.

[dhunt]

@dhunt


Regarding the laws governing the embedding ....
Which law applies:
- the server law
- that subject national law who suffered the infrigment
- your server law
- your own national law
- even the law firm local law if the artist and that firm decided so.

I don't speak for anyplace other than the US. But in Europe, the US pretty well adopted their goofy laws.

The location of the Server is important, not your location.
The laws only apply to the server location, not where the copyright holder has his copyright. The US will normally go with their own laws which are probably more stringent than most places except the EU.

There are more than 100 nations that operate under the Borne law. It reads that the copyright is the life of the author plus 50 years. Some countries have extended this to 120 years like the US did copying the copyright laws in the EU.

If a country is not part of the Borne agreement it will go with it's own local laws. I don't remember which countries but there are a couple out there that totally ignores other countries copyrights.

And it doesn't have to be author pushing at all. "It's a wonderful Life" was made in 1946. The copyright was not renewed on it. But the original work it derived from was a short story written in 1943. That author sold his short to the studio who failed to keep the copyright up on the movie. The author died in 1983. AFter his death, an Executor decided to push it. The author had no surviving children nor wife. No blood could lay any claim to it. The Executor hired a law firm and the Law firm made millions in lawsuits. You will notice that NBC is the only one that airs it now and only twice a year.

Then there is the movie "McKlintock". It was made in 1963. They dropped the ball on the copyright and it went into public domain. After it went public domain, the movie people tried to use the music to get it back. The supreme court ruled that the music was sold to the movie rights and they went with the movie copyrights. Therefore, the music did not fall into the rediculous bottomless pit that Music has for copyrighting.

Research is a wonderful tool and I use it often. I found "It's a wonderful Life" on the Public list only to have to take it down as I didn't have the millions to fight the meanest law firm that ever lived. I wasn't told to bring it down but it was best I did. It's since been removed from the Public listings.

Since my server is in the US, I fall under US laws. Muz falls under different laws but it's still under the Borne law regardless.

Yes, know the laws where your server is. If a copyright holder says to take it down, take it down.