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Does Your Video Have Mainstream Music?

by Randy Davis on Dec.22, 2009, under Video Production

First appearing in VideoMaker Magazine, this following article explains the law concerning Fair Use Vs Copyright Infringement. Although this article talks specifically about YouTube, laws across application vary little.


In May 2008, Viacom brought a $1 billion lawsuit against YouTube for allegedly failing to protect the rights of copyright owners. The most common cases of copyright infringement involve using songs in a film or video without permission of the copyright holder, or placing segments of movies or music videos on websites where it is easy for the public to download them. Such actions have cost studios millions of dollars in royalties. Therefore, the giants of the entertainment industry have begun cracking down on websites such as YouTube.
YouTube, in response to these accusations, started to remove videos that may use segments of music or film without the copyright owner’s permission. Accounts posting such videos have also been suspended. Fan videos that incorporate a celebrity picture slideshow using a song as the primary audio track and videos of musicians playing covers of famous songs are common examples of videos that have been deleted from YouTube as a result of alleged copyright infringement.

Besides the removal of the video and suspension of the account, penalties for such actions can be extreme. If a music company believes that posting such videos is music piracy, it can file suit and be awarded up to $150, 000 per song. On the criminal side, jail time in federal prison is also a possibility for anyone convicted. Because of these harsh penalties – even though only a remote possibility – it is extremely important to protect yourself from any allegations of copyright infringement. Copyright violations are equivalent to theft, both legally and morally. Proving there is no infringement can take time and effort. Why risk the penalties?

If your work is for educational purposes, then use of copyrighted material falls under the “Fair Use” provision, which allows reasonable use of copyrighted work, without permission, for research, criticism, or education. A notice at the beginning or end of your production giving credit to copyright owners for their work is usually sufficient. Be aware, however, that not citing sources, or attempting to pass off copyrighted material as your own work, is not considered “fair use.” It is plagiarism and can result in harsh penalties.

Works with expired copyrights are considered to be in the “public domain” and can be used without fear of liability of infringement. The major catch in this provision is that copyrights have very long terms before expiry. For example, any sound recording published in the United States after March 1989 will not be available to the public until March 2049 at the earliest. As of January 2009, the only sound recordings that are automatically available in the public domain are those published before 1923, and those published between February 15, 1972 and March 1989 without a copyright. All other recordings may be in the public domain, but further investigation would be required.

Both “fair use” and “public domain” are gray areas, making it difficult to ensure that you are not infringing the rights of others. The safest action to take is to get permission (usually a written contract, known as a license) from the copyright owner of any material being used in your video production.

The music labels commonly hold the copyrights for sound recordings. The Recording Industry Association of America (RIAA) is a major blanket organization that works with many major labels and is an excellent resource for you to obtain a license to use music as part of your production. Licensing agencies can aid in procuring a license. Examples of licensing agencies include The Harry Fox Agency, American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music Incorporated (BMI) and Sound Exchange. Most licensing agencies are blanket agencies that cover many labels. To get licenses for just one or two songs, however, it is usually easiest to contact the individual label.

Licenses can be requested using a simple letter to the copyright owner asking for authority to use the copyrighted material. The letter should incorporate a complete explanation of the work to be used and how you will use it. Include a place in the letter for the owner to sign and send back a response.

Contributing editor Attorney Mark Levy specializes in intellectual property law. Saba Siddiqui is a senior in high school and a legal intern for Mark Levy. She plans to attend law school after university.

Editor’s Note

Since Mr. Levy’s story was first posted, as of late September 2009, Google (owner of YouTube) has now changed its rules regarding copyright. Google will begin to allow copyright content to remain up unless the copyright owner objects. This new decision comes in most part from a popular viral wedding dance video that has become Sony Music’s 8th most popular song.

http://www.videomaker.com/article/14261/

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Marketing Your Way to Success with Viral Video

by Beth Sowell on Nov.18, 2009, under Charlotte Video Production, Video Production, Video Production Charlotte

The definition of a viral video is basically a video clip which gains widespread popularity through the process of Internet sharing, typically through e-mail, IM messages, blogs and other media sharing websites.

Viral video marketing is the best way to build your online brand, visibility, among a host of other online business benefits. Take some lessons from the big guys about how to use video marketing the right way, it’s about more than just traffic.

The amateurs like “Brookers” and “Lonelygirl” publish their video clips for fun and notoriety, and the big corporations like Nike, Warner Bros, and MTV2 produce and publish them in order to drive traffic to their web sites and sell more of their products or services. Because the advertising cost relatively inexpensive. And it produces amazing results.

Today’s youth now spend more time online that watching television. It’s all about page views and favorites and bookmarks and links on blogs. Your video can assume viral status and be passed on via emails and blogs and even be spotted on Facebook walls. Since the audience themselves decide whether or not your video is worthy enough to become viral or not. You better make sure it is.

People aren’t just watching video online. They’re taking it with them by downloading the files like the video iPod and Sony’s video game console, the PlayStation Portable. Now even cell phones have the ability to watch YouTube videos.

For the online entrepreneur (the web site owner seeking to make money online) the purpose of a viral video is to bring traffic to a website. The viral video is a phenomenon which has taken the world by storm and unless you’ve been off in a far away place, you will not doubt have seen one of the many videos which have been popularized by the site, such as Tyson the roller-skating dog. Did you know that YouTube gets twice as much traffic as Google? That means that YouTube alone, gets one million hits a day.

Their are numerous ways to monetize viral videos. From contextual ad programs like Adsense, Yahoo Publishers Network and Chitika to affiliate programs and product sales. Revenue sharing is just one aspect of earning money through the use of online video.

Viral video marketing is the gift that keeps on giving. Viral marketing is going to be the next big thing in SEO. The “on-demand” characteristic of video marketing is another great benefit. Facebook: Share, share, share. Other ideas include creating an event that announces the video launch and inviting friends, writing a note and tagging friends, or posting the video on Facebook.

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Find A Friend

by Randy Davis on Aug.13, 2009, under Video Production

With the uncertainty of tomorrow, why would anyone want to weather the storm alone. Find a friend, a close business associate, or colleaque to share victories and challanges with, and share those events on a regular basis. Two heads are better than one, they say, and how true the statement is. Often times we, as business owners, upper level managers, and support staff as well get so close to a project, or problem, that the solution can never be seen. Problem solving becomes much easier when someone not involved has a chance to look it over.

Find a friend who is trust-worthy, and who shares the same ideas as you. Partnering together is a great way to keep each other’s morale at a high level. Your health will thank you; you family will thank you, and your business will thank you. Remember also to be a friend. Albert Pike once said: “What we do for ourselves dies with us; what we do for others lives on and is immortal.”

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