Having The guts
- Knowname
- Joined: Sat Nov 16, 2002 5:49 pm
- Status: Indubitably
- Location: Sanity, USA (on the edge... very edge)
Re: Having The guts
lol that was just an opening for a joke that would probably go like 'I hand somebody an amv I made making it illegaly gained material. I then call the cops on them.' lol You need to make yourself clear among an audience of dorks lol.
If you do not think so... you will DIE
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- Joined: Tue Jul 23, 2002 5:54 am
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Re: Having The guts
Before I make an AMV, I kill 50 men, half of whom are first-born sons. This illegal act warms me up for the substantially more heinous act of making an AMV.Vax wrote:I was ripping some DVDs. At first I was real excited, until I put the .vobs in dgindex and read the redistribution message. The risk would be a fee of 2,500 dollars and up to 5 years in a federal prison. That just punched my motivation to edit in the balls. I kept the .vobs just in case I manned up. Mainly what I want to discuss is how do you guys get around that and have the will to still edit and upload your videos. I haven't edited for a while now and I want to, but as of now I really don't feel as if it's worth it.
It is also a fantastic alternative to tai chi.
No, seriously. It's good (in my view) that you appear to be gaining an understanding of the annoyances in international (and U.S., if you're really in New York) copyright law. It's not quite so good that you won't make a video due to an FBI/Interpol warning: you'll most likely get away with infringing copyright, just like everyone else who has made an AMV. (As far as I know, nobody has pressed criminal charges against an AMV editor or distributor. This site had a close run-in -- search for Wind-Up Records if you really care -- but practically speaking AMVs and a-m-v.org really don't matter in the grand scheme of Stopping Copyright Infringement For The Artists. Yet, anyway.)
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Also. A lot of people posting in this thread really should read up on copyright basics. If you live in the US, start here:
http://www.copyright.gov/title17/
http://www.wipo.int/treaties/en/ip/bern ... wo001.html
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- のヮの
- Joined: Sun Jul 01, 2007 5:08 pm
Re: Having The guts
tl;dr you are but a speck of sand on the beach, people are too busy walking over you to give a shit who you are or what you're doing.trythil wrote:Also. A lot of people posting in this thread really should read up on copyright basics. If you live in the US, start here:
http://www.copyright.gov/title17/
http://www.wipo.int/treaties/en/ip/bern ... wo001.html
- The Wired Knight
- Joined: Sun Jan 07, 2001 3:22 pm
- Status: Attorney At Law
- Location: Right next door to you
Re: Having The guts
That concern is for redistributing the media in its original format in its entirety, thereby injuring sales of the original product.
Making an AMV fits well under fair use law for copyright (from a legal perspective and I've gone over this with a couple of lawyers and my legal professors.)
You're fine
And damn U'm shocked you actually read that thing.
Making an AMV fits well under fair use law for copyright (from a legal perspective and I've gone over this with a couple of lawyers and my legal professors.)
You're fine
And damn U'm shocked you actually read that thing.
BANG
Intellectual Property, Real Estate & Probate Attorney.
Intellectual Property, Real Estate & Probate Attorney.
- 8bit_samurai
- Hmm...
- Joined: Wed May 17, 2006 1:47 pm
- Location: Alaska
Re: Having The guts
Actually, a couple years ago, I had a similar crisis de conscience (or ethical questioning, or whatever ya wanna call it). Though it wasn't very similar, it was still questioning ethically, or what ya wanna call it. You either get over it, or you don't. If ya do, good for you. If ya don't, then maybe this hobby isn't for ya.
Things won't always be black and white, that's why it's called gray matter. Two birds with one stone is worth three in the bush, and don't but them all in the same basket. Or, was it the other way around?
Things won't always be black and white, that's why it's called gray matter. Two birds with one stone is worth three in the bush, and don't but them all in the same basket. Or, was it the other way around?
Under Construction
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Re: Having The guts
Yeah, I'd like to see that stand up in a DMCA takedown rebuttal.The Wired Knight wrote:That concern is for redistributing the media in its original format in its entirety, thereby injuring sales of the original product.
Making an AMV fits well under fair use law for copyright (from a legal perspective and I've gone over this with a couple of lawyers and my legal professors.)
You're fine
And damn U'm shocked you actually read that thing.
- The Wired Knight
- Joined: Sun Jan 07, 2001 3:22 pm
- Status: Attorney At Law
- Location: Right next door to you
Re: Having The guts
Say what you will but take a look at the requirements for fair use
17 USC § 107
Purpose and character of use looks at commercial or non commercial use and transformative nature
What we do is non-commercial as we make no money from it or any sort of monetary gain; hell we lose money on these things
It's arguably transformative for although we use an entire piece of music it's just in the context of a larger project where it is one part of a whole (celebreties lose publicity suits to transformative works for the same reason)
Nature of the copyrighted work as if it is published or not and highly creative or more factual
The work is clearly published so we aren't taking someone's chance to publish the work. The only part here that works against us is that it is a creative work and not factual
Amount of substantiality of use
To be fair we do use the whole song here so there's a slight problem there
The effect on the original copyrighted work
Virtually nill as people generally aren't downloading or watching AMVs as a replacement for buying Cds, buying it over itunes or any other method.
Like I said, say what you will but AMVs actually do have a very strong case in fair use as almost all the requirements of fair use under the United STates Code are in our favor and you don't need to prove them all as it's a matter of weight rather than affirmatively showing all of the elements. AMVs are a copyright infringement but the code more or less covers us.
17 USC § 107
Purpose and character of use looks at commercial or non commercial use and transformative nature
What we do is non-commercial as we make no money from it or any sort of monetary gain; hell we lose money on these things
It's arguably transformative for although we use an entire piece of music it's just in the context of a larger project where it is one part of a whole (celebreties lose publicity suits to transformative works for the same reason)
Nature of the copyrighted work as if it is published or not and highly creative or more factual
The work is clearly published so we aren't taking someone's chance to publish the work. The only part here that works against us is that it is a creative work and not factual
Amount of substantiality of use
To be fair we do use the whole song here so there's a slight problem there
The effect on the original copyrighted work
Virtually nill as people generally aren't downloading or watching AMVs as a replacement for buying Cds, buying it over itunes or any other method.
Like I said, say what you will but AMVs actually do have a very strong case in fair use as almost all the requirements of fair use under the United STates Code are in our favor and you don't need to prove them all as it's a matter of weight rather than affirmatively showing all of the elements. AMVs are a copyright infringement but the code more or less covers us.
BANG
Intellectual Property, Real Estate & Probate Attorney.
Intellectual Property, Real Estate & Probate Attorney.
- LuluandAuron
- Joined: Sat Apr 03, 2004 1:01 am
- Location: Canada
Re: Having The guts
We exist in the grey area
Now Music is our biggest fight if we are talking concrete, but there have been bands and independent musicians that have come forward giving us permission.
A thread to post all those bands and musicians would be handy. Granted, they may become the new LP of the catalog, but it would give us an option as to music we can use, and we all know that AMV's increase sales of music and anime.
If say the musician becomes big, who knows, maybe would would get some clout somewhere....of course they could sell out an forget about us...but maybe, just maybe one of them would put a clause in their contract ;P
I'm old....I dream big, cause I can.
Now Music is our biggest fight if we are talking concrete, but there have been bands and independent musicians that have come forward giving us permission.
A thread to post all those bands and musicians would be handy. Granted, they may become the new LP of the catalog, but it would give us an option as to music we can use, and we all know that AMV's increase sales of music and anime.
If say the musician becomes big, who knows, maybe would would get some clout somewhere....of course they could sell out an forget about us...but maybe, just maybe one of them would put a clause in their contract ;P
I'm old....I dream big, cause I can.
- guy07
- Joined: Mon Sep 08, 2003 1:28 pm
- Status: Back in beard.
- Location: T.O.
Re: Having The guts
Sometimes when it's late at night, i rip dvds and pretend they are George Cloney. That man is sex.
- Neverend
- The cockpuncher
- Joined: Tue May 23, 2006 8:05 am
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Re: Having The guts
I pretend its that guy... i love himguy07 wrote:Sometimes when it's late at night, i rip dvds and pretend they are George Cloney. That man is sex.
My professional portfolio:
http://cargocollective.com/victorhedstrom
http://cargocollective.com/victorhedstrom