Results 1 to 8 of 8

Thread: Question about Fair Use

  1. Default Question about Fair Use

    I know fair use is a tricky topic.... Anyway, imagine that a class is doing a school project about prevention (for example..umm..against drugs). The students are doing a video and uses some copyrighted material. If Im correct fair use allows to use this video at school, for example during the prevention event. But what about uploading it ito the net. Now I get confused. Is it allowed to publish this "teaching" material? Oh, and one more thing. Is there any place on the net where the fair use is explaind well?

  2. #2
    Join Date
    Mar 2005
    Posts
    4,192
    Blog Entries
    2

    Default

    "Fair use" would not cover it being uploaded to the net. I also doubt that it would cover it to be used in the teaching example you give. It would cover use when you're using the music to explain something, the history of music for example. It could be used to show how music is used in videos and the students could use it in their efforts but that's about as far as you can go... It wasn't intended to allow schools to use music in their "events".

  3. #3
    Join Date
    Feb 2006
    Location
    Surrey, UK
    Posts
    10,849
    Blog Entries
    1

    Default

    Interesting that you took the copyrighted material to be music, Guru. I expect you're right.

    However, I'd assumed it was film/video material (eg people shooting up/after effects). If that's the case would that be legit as "Fair Use".

    Actually I didn't think that "Fair Use" exists as a concept in UK law. There is such a thing as "Fair Dealing" which seems to be somewhat more limiting.
    Tim

  4. #4
    Join Date
    Mar 2005
    Posts
    4,192
    Blog Entries
    2

    Default

    Fair point Tim, I assumed that it was music but the same rules apply to video, pictures or any material. It's a while since I looked at copyright stuff and it does seem that people are using the term "Fair Use" when, in fact the legislation uses "Fair Dealing".

    For those interested...

    A brief post about copyright law which should be of interest to any videographer.

    If you go to Glastonbury and film a band with your mobile to send to your parents, you're infringing copyright law. If you use a camcorder to film a free concert in Hyde Park to show your siblings, you're infringing copyright law, if you film a choir in a church to show your friends, you're infringing copyright law. If you edit any music, to which you don't own the copyright, to pictures you are infringing copyright law.

    The ONLY time you're 100% safe is if (a) you own the copyright or (b) you have written, signed permission to use the material in a specified way. It's that simple.

    You can get licences to use the material from various institutions including the IOV (Institute of Videography) the PRS or various other organisations by paying a small fee. It's your decision as to whether you're going to pay this fee for a video which is only going to be seen by a few friends or just use the material and hope that you won't get caught. If you're working in any way professionally, only a fool would illegally use material.

    Ignore any half-legal phrases such as "not for payment" or "for domestic use only" they're just urban myths. Copyright law is one of those subjects which tends to bring out all sorts of half-remembered rumours, often being confused with using excerpts from written publications which has nothing to do with music rights. This doesn't mean that you're going to get your door kicked down and raided for copyright infrigement but be aware that it's a bit like speeding... everyone does it, very few get caught, but those who do end up paying a fine.


    I'm sorry if I'm being a bit blunt but this subject comes up a lot, usually followed by heaps of wrong advice. To make things absolutely clear, here's a quote from the actual legislation...

    It is an offence to perform any of the following acts without the consent of the owner:

    Copy the work.
    Rent, lend or issue copies of the work to the public.
    Perform, broadcast or show the work in public.
    Adapt the work.


    Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:

    Private and research study purposes.
    Performance, copies or lending for educational purposes.
    Criticism and news reporting.
    Incidental inclusion.
    Copies and lending by librarians.
    Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes.
    Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting.
    Producing a back up copy for personal use of a computer program.
    Playing sound recording for a non profit making organisation, club or society.
    (Profit making organisations and individuals should obtain a license from the Performing Rights Society.)

    Urban myths...
    Please note that a private person may PLAY music but not USE the music. So editing the music into a video is NOT covered by the last paragraph. It means that you can play the CD in your living room or at a private party providing that it's not a commercial venture in any way. The term "Incidental inclusion" covers the interview made with a transistor radio accidentally playing a song in the background. If it can be proved that the music is deliberately included in the video, then you're breaking copyright legislation.

    The legislation can be downloaded and read at http://www.ipo.gov.uk/cdpact1988.pdf if you really have a long, boring weekend with nothing to do...

    A useful link for professional videographers is The MCPS-PRS Alliance which represents music rights. They can also issue licences for the use of music on commercial DVDs.
    Link: AVP

    For those in the UK who video church weddings, can I recommend: http://www.wvrl.co.uk/ who will sell you, online, a licence to record in the church.

    For those who sell DVDs, the IOV has a sticker scheme, whereby individual, holographed stickers are available for each finished DVD.

  5. #5
    Join Date
    Aug 2005
    Location
    Western Europe
    Posts
    3,409

    Default

    I doubt you can claim fair use when uploading it to the likes of youtube as everyone can get access to it. If you look at the credits when they roll after a film they include they include locations such as oil rigs, prisons, schools, hospitals etc where the film cannot be shown. Basically you have permission to watch it in a locked room with no windows and you can only watch it by yourself. So uploading material which you know to copyrighted to the internet is breaching that copyright unless you have written permission to do so from the get go.

  6. #6
    Join Date
    Feb 2006
    Location
    Surrey, UK
    Posts
    10,849
    Blog Entries
    1

    Default

    Quote Originally Posted by The Guru View Post
    I'm sorry if I'm being a bit blunt but this subject comes up a lot, usually followed by heaps of wrong advice.
    The blunter the better. I'm with you Guru. Too many people have the wrong idea, ranging from "I thought it was OK if only my family will see it", though to "I've paid for the CD so I can do what I like with it".

    To add to brief list of links for obtaining licences for professionals, may I add one for amateurs. Join the IAC ("Film & Video Institute" - they seem to avoid the original, and more archaic, "Institute of Amateur Cinematographers") for a bit under 40 per year and buy a licence for a few extra quid which allows dubbing of any music bought retail in the UK. (This does NOT cover use on YouTube etc - or more specifically this is currently in dispute)

    Copyright
    Tim

  7. Default

    Thanks for the answers. Now Im starting to understand. Unfortunatelly I dont have enough money to allow myself to buy a licence, but I really want to make some vids even with a copyrighted material. Well, I think I'll do what everyone does - try to not get caught

  8. #8
    Join Date
    Mar 2005
    Posts
    4,192
    Blog Entries
    2

    Default

    Regardless of the copyright advantages, two organisations which are really worthwhile are:

    For videographers, wedding or commercial and semi-pros: The Institute Of Videography or IOV. IOV | Institute of Videography

    For amateurs, enthusiasts or those interested at a non-professional level: The IAC or Institute of Amateur Cinematographers. IAC - Introduction to great movie making!

    Both have courses, meetings and get-togethers and are staffed with people who eat, sleep and breathe film, video and moviemaking.

Similar Threads

  1. Canon & Vegas... how does it fair?
    By solway in forum Forum Announcements and News
    Replies: 6
    Last Post: 06-27-2009, 07:45 PM
  2. What is a fair price for my Xl1s and other bits?
    By Chancehooper in forum Ebay and other classified ads: gear, cameras and video editing stuff
    Replies: 10
    Last Post: 06-22-2009, 05:29 PM
  3. Leeds Valentines Fair 2007 Video.
    By Sean(i2o) in forum User Videos
    Replies: 3
    Last Post: 03-10-2007, 02:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •