Weaver95: I don't think the megacorps understand (or accept) the concept of fair use. their attitude seems to be 'f*ck you - pay me!'
Nickster79: I'm guessing the PR and copyright departments for Universal Music Group don't share notes very often
Old Man Winter: Idiotic move by the copyright holder. I am curious as to why a rinky-dink Regional High School (a combined district) "was looking for an innovative way to market itself to prospective students...". Do students in Mass. often attend HS's in other regions and states?
untaken_name: Did you miss the part where it was for a school class? That's what we call "teaching".
schrodinger: untaken_name: Did you miss the part where it was for a school class? That's what we call "teaching".From the article: "Kreuz said the school was looking for an innovative way to market itself to prospective students and promote school spirit. "Therein lies the problem. They're not doing this as a teaching tool, they're using this as a promotional tool.Let's put it this way: You're a theater teacher. You teach your kids acting with scenes from "Grease." Now, if your kids are only acting out scenes in the context of the classroom, there's no problem. But if you're expect to do an actual production, where you advertise and promote the show, then you can expect to cough up royalties. Even if you don't charge anything for tickets and you're not making any money off of it, it's still illegal. That's how the law works. That's how the law has always worked.In some cases, the copyright holder might deny the right to use a work at any price. For instance, if there's a touring production of "Grease" in your city, then they're not going to want a high school production to be showing at the same time. In other cases, I've had friends who wanted to adapt screenplays to stage plays, and the copyright holder outright refused. There are people who did their own stage productions of "Newsies" before "Newsies" became a stage musical. That was technically illegal.When I was still in school, they had strict rules against video taping any theatre production of a copyrighted work, even if you were part of the staff and it was purely for archival purposes. Why? Because they didn't have the license to tape the show, and they took copyright law seriously back then. These days, audience members will take videos on their cell phone, and you can't stop them if you tried. That doesn't change the fact that what they're doing is technically illegal, regardless of whether or not you make a profit off of it.Fortunately, copyright holders aren't likely to go after a mom wh ...
Talondel: (1)the purpose and character of the use, including whether such use is of a 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; and(4)the effect of the use upon the potential market for or value of the copyrighted work.Here, factors 1 and 4 would seem to favor the students. This isn't the type of work that is going to effect the value or market of the copyrighted work. It's not likely that people who want to listen to that song are going to watch this video instead of paying for the song. It's a not for profit, non-commericial use, and is for both non-profit and educational purposes.
orbister: How can using an entire recording in this way be considered "fair use"?
Choo-Choo Bear: "It does sound like fair use. They're not trying to profit from the video or the performance of the song."Not enough to qualify for fair use. I wish all of the energy (hate) directed by thieves that are interested in stealing movies and music from artists were more directed against business model patents. Something good might be accomplished in the intellectual properties arena.
UsikFark: Fair Use is for the courts to decide! Lawyers for everyone!
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