Anyone worried what RIAA's latest action will do to AMV's?

General discussion of Anime Music Videos
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Petro
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Post by Petro » Fri Sep 05, 2003 11:08 am

Solution 1: Get permission/approval/encouragement from the music artist you're making a video for. (That's what I did with two of my videos, fullmental.panic! and Shifting Gears, using music from both sung by Da Vinci's Notebook

Solution 2: Remix the music. I'm not 100% sure, but I think you can distribute it under fair use since you made your own version. (I did this with my latest video, Ganbate Hime!
/shameless solution
/shameless plug

In general though, you'd think the music industry would *like* amvs because they're free promotional tools! Oh, and the RIAA is a sham. They collect money for the artists, but when have the artists received anything? The money all seems to dissapear into lawyer fees and producers' pockets.
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koronoru
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Post by koronoru » Fri Sep 05, 2003 12:32 pm

Petro wrote:Solution 1: Get permission/approval/encouragement from the music artist you're making a video for.
In this day and age, most artists don't hold all the copyright privileges on the music they recorded, so to actually comply with copyright law, you would need permission from the publisher instead of or in addition to permission from the artist.
Pedro wrote:Solution 2: Remix the music. I'm not 100% sure, but I think you can distribute it under fair use since you made your own version.
If you start with a copyrighted recording and process it in some way to produce "your" version, the result is a derivative work and covered by the original copyright in addition to your copyright on the stuff you did. Someone who wanted to use the remix would then need permission from both you and the original copyright holder; even if that someone is you, you still need permission from the original copyright holder. It ain't "fair use" because you are using the whole thing and not using it for purposes of critical review and research.

If you want to create a new performance - i.e. get together your own musicians and record the same song from scratch - then that's covered by a mechanical license, and you don't need permission, but you do still need to pay royalties to do it legally.

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Petro
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Post by Petro » Fri Sep 05, 2003 1:16 pm

Thanks for the info ^^ DVN owns all their content, so that's not an issue, but as for my other videos (and the remixing) I'll just hold my breath and hope they don't go after AMVs ^^;
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TaranT
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Post by TaranT » Sat Sep 06, 2003 3:05 am

Reuters wrote:Friday September 5, 08:30 AM
Music Biz to Give File Sharers Amnesty

The Recording Industry Assn. of America plans to announce an amnesty program this week that will let individual online copyright infringers off the hook if they change their ways, sources say.

The amnesty program would apply only to alleged infringers who have not been sued by the music industry trade group or identified by Internet service providers as a result of the trade group's subpoena process. Alleged commercial pirates will not receive amnesty.

According to sources, the RIAA will not pursue legal action if infringers delete all unauthorized music files from their computers, destroy all copies (including CD-Rs) and promise not to upload such material in the future. Each infringing household member will have to send a completed, notarized amnesty form to the RIAA, with a copy of a photo ID. Those who renege on their promise will be subject to charges of willful copyright infringement.

The amnesty program will be revealed at about the same time the RIAA is expected to announce the filing of "several hundred" infringement suits.

The RIAA had no comment.

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Post by TaranT » Sat Sep 06, 2003 3:25 am

RE: this RIAA amnesty, if they offer it...

I should have added this for the younger, more gullible (?) readers.

My personal, non-legal suggestion is to not participate. For one thing, this may be an ID theft scam (or be used as such).

For another, contracts should bind both parties. Even though they're demanding a legal (notarized) document from you, they're not offering one in return, one that spells out their commitment to keep their sharks off your back. If they change their minds later, too bad for you.

See it for what it is: a (very) lame PR stunt.

And if you want a real amnesty, have their lawyers meet your lawyers.

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