how long til a video gets removed?
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killerkitty
- Joined: Wed Dec 10, 2003 3:06 pm
- Location: Mesa Arizona
how long til a video gets removed?
i asked for all my videos removed from amv. how long till they remove them? i want nothing to do with making videos because of the legal issues involved in copyrighted music and movies. so how soon do they remove them?
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AMVfreak
- Joined: Sun Mar 14, 2004 2:43 pm
- Location: LalalalaBoinkBoink, bouncing in my head.
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Corran
- Joined: Mon Oct 14, 2002 7:40 pm
- Contact:
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Pyle
- Joined: Sat Sep 07, 2002 10:45 pm
- Location: KILL KILL KILL THEM ALL
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badmartialarts
- Bad Martial Artist
- Joined: Sat Oct 25, 2003 5:31 am
- Location: In ur Kitchen Stadium, eatin ur peppurz
Stop worrying so much about the legal issues. If making AMVs makes you happy, then make them. You don't see nudists closing their beaches because of legality, do you? They had to fight for a long time to get even the small areas they have set aside for clothing-optional recreation available now. Now, I'm not one who wants to take off his clothes in front of other people, but I applaud their efforts. Same with AMVs. Enough people making them, enough people in the industry rooting for them, and they'll be legal. Or not. Whatever. Even if they aren't legal, the legality isn't being enforced, so that's (practically) the same thing. And if it does come to be enforced, then so be it. It'll go back underground like it was to begin with, just a fun lil' hobby without massive fan sites.
Life's short.
eBayhard.
eBayhard.
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azulmagia
- Joined: Sat Aug 02, 2003 12:27 am
- Location: Canada
Corran wrote:And if[/i] they want to. They may deny it.AMVfreak wrote:When the authority has the time to.
On top of that, the videos will still be in the catalogue, they just won't have a link.
Methinks killerkitty doth protest too much.
Ganeshaseal | Gaia Online |The Shoujo-Ai Heavens is gone again! 
My First AMV: Ai Tenshi Ain't Goin Out Like That
My First AMV: Ai Tenshi Ain't Goin Out Like That
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Solaria735
- Joined: Wed Jan 28, 2004 1:22 pm
- Location: Sacramento
- Contact:
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bum
- 17747114553
- Joined: Sat Nov 08, 2003 9:56 pm
Re: how long til a video gets removed?
HAHAHAHAHA. legal issue's? music and film companies are gona be fighting p2p networks for the next 5 billion years. I doubt tehy'l have any time to think about sueing amv'ers. Not that they give a damn anyway.killerkitty wrote:i asked for all my videos removed from amv. how long till they remove them? i want nothing to do with making videos because of the legal issues involved in copyrighted music and movies. so how soon do they remove them?
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shadow9600
- Joined: Sun Mar 11, 2001 7:12 pm
- Location: MN
- Contact:
Copyright, Fair Use and AMV's
That's always been a big question, are AMV's legal? The answer is gray at best and depends on where you are, what you are using, how much you have used and several other factors. After doing a bit of online research I still can't come up with an exact answer but would like to propose that it is okay at best or if challanged fightable at worst.
Much of it has to do with the question of whether or not you are creating something new vs. copying it straight forward, at least in this case (since in general people do not profit from AMV's or create them with intent to compete with the original source).
The following is quoted directly from the nolo.com lawcenter:
QUOTE
When Copying Is Okay: The "Fair Use" Rule
In some situations, you may make limited use of another's work without asking permission.
Sooner or later, almost all writers quote or closely paraphrase what others have written. For example:
* Andy, putting together a newsletter on his home computer, reprints an editorial he likes from a daily newspaper.
* Phil, a biographer and historian, quotes from several unpublished letters and diaries written by his subject.
* Regina, a freelance writer, closely paraphrases two paragraphs from the Encyclopedia Britannica in an article she's writing.
* Sylvia, a poet, quotes a line from a poem by T.S. Eliot in one of her own poems.
* Donnie, a comedian, writes a parody of the famous song "Blue Moon" he performs in his comedy act.
Assuming the material quoted in these examples is protected by copyright, do Phil, Regina, Sylvia, Andy, and Donnie need permission from the author or other copyright owner to use it? It may surprise you to learn that the answer is "not necessarily."
Under the "fair use" rule of copyright law, an author may make limited use of another author's work without asking permission. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights. If you write or publish, you need a basic understanding of what is and is not fair use.
Uses That Are Generally Fair Uses
Subject to some general limitations discussed later in this article, the following types of uses are usually deemed fair uses:
* Criticism and comment -- for example, quoting or excerpting a work in a review or criticism for purposes of illustration or comment.
* News reporting -- for example, summarizing an address or article, with brief quotations, in a news report.
* Research and scholarship -- for example, quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations.
* Nonprofit educational uses -- for example, photocopying of limited portions of written works by teachers for classroom use.
* Parody -- that is, a work that ridicules another, usually well-known, work by imitating it in a comic way.
In most other situations, copying is not legally a fair use. Without an author's permission, such a use violates the author's copyright.
Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be.
A commercial motive doesn't always disqualify someone from claiming a fair use. A use that benefits the public can qualify as a fair use, even if it makes money for the user.
For example, a vacuum cleaner manufacturer was permitted -- in its advertising -- to quote from a Consumer Reports article comparing vacuum cleaners. Why? The ad significantly increased the number of people exposed to the Consumers Reports' evaluations and thereby disseminated helpful consumer information. The same rationale probably applies to the widespread practice of quoting from favorable reviews in advertisements for books, films, and plays.
When Is a Use a "Fair Use"?
There are five basic rules to keep in mind when deciding whether or not a particular use of an author's work is a fair use:
Rule 1: Are You Creating Something New or Just Copying?
The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new. The Supreme Court calls such a new work "transformative." The more transformative your work, the more likely your use is a fair use.
Rule 2: Are Your Competing With the Source You're Copying From?
Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work. Thus, if you want to use an author's protected expression in a work of your own that is similar to the prior work and aimed at the same market, your intended use isn't likely a fair use.
For example, say Nick, a golf pro, writes a book on how to play golf. Not a good putter himself, he copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use. In effect, Nick is trying to use Trevino's protected expression to eat into the sales of Trevino's own book.
An interesting example is when a teacher copies parts of books for students to use. In one recent case, a group of seven major publishers went to court and stopped a duplicating business from copying excerpts from books without permission, compiling them into "course packets," and selling them to college students.
Rule 3: Giving the Author Credit Doesn't Let You Off the Hook
Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.
Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be
The more material you take, the less likely it is that your use will be a fair use. As a general rule, never quote more than a few successive paragraphs from a book or article, or take more than one chart or diagram. It is never proper to include an illustration or other artwork in a book or newsletter without the artist's permission. Don't quote more than one or two lines from a poem. Many publishers require their authors to obtain permission from an author to quote more then a specified number of words, ranging from about 100 to 1000 words.
Contrary to what many people believe, there is no absolute word limit on fair use. For example, it is not always okay to take one paragraph of less than 200 words. Copying 200 words from a work of 300 words wouldn't be fair use. Nor would copying 12 words from a 14-word haiku poem. However, copying 2000 words from a work of 500,000 words might be fair. It all depends on the circumstances.
To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays. This is true especially where it's necessary to use extensive quotations to ensure the accuracy of the information conveyed.
Rule 5: The Quality of the Material Used Is as Important as the Quantity
The more important the material is to the original work, the less likely your use of it will be considered a fair use.
In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs, only 300 words from Ford's 200,000-word manuscript were quoted verbatim. The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book ...the most interesting and moving parts of the entire manuscript," and that pre-publication disclosure of this material would cut into value or sales of the book.
Determining whether your intended use of another author's protected work constitutes a fair use is usually not difficult. It's really just a matter of common sense. There is no more commonsensical definition of fair use than the golden rule: Take from someone else only what you wouldn't mind someone taking from you.
Much of it has to do with the question of whether or not you are creating something new vs. copying it straight forward, at least in this case (since in general people do not profit from AMV's or create them with intent to compete with the original source).
The following is quoted directly from the nolo.com lawcenter:
QUOTE
When Copying Is Okay: The "Fair Use" Rule
In some situations, you may make limited use of another's work without asking permission.
Sooner or later, almost all writers quote or closely paraphrase what others have written. For example:
* Andy, putting together a newsletter on his home computer, reprints an editorial he likes from a daily newspaper.
* Phil, a biographer and historian, quotes from several unpublished letters and diaries written by his subject.
* Regina, a freelance writer, closely paraphrases two paragraphs from the Encyclopedia Britannica in an article she's writing.
* Sylvia, a poet, quotes a line from a poem by T.S. Eliot in one of her own poems.
* Donnie, a comedian, writes a parody of the famous song "Blue Moon" he performs in his comedy act.
Assuming the material quoted in these examples is protected by copyright, do Phil, Regina, Sylvia, Andy, and Donnie need permission from the author or other copyright owner to use it? It may surprise you to learn that the answer is "not necessarily."
Under the "fair use" rule of copyright law, an author may make limited use of another author's work without asking permission. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights. If you write or publish, you need a basic understanding of what is and is not fair use.
Uses That Are Generally Fair Uses
Subject to some general limitations discussed later in this article, the following types of uses are usually deemed fair uses:
* Criticism and comment -- for example, quoting or excerpting a work in a review or criticism for purposes of illustration or comment.
* News reporting -- for example, summarizing an address or article, with brief quotations, in a news report.
* Research and scholarship -- for example, quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations.
* Nonprofit educational uses -- for example, photocopying of limited portions of written works by teachers for classroom use.
* Parody -- that is, a work that ridicules another, usually well-known, work by imitating it in a comic way.
In most other situations, copying is not legally a fair use. Without an author's permission, such a use violates the author's copyright.
Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be.
A commercial motive doesn't always disqualify someone from claiming a fair use. A use that benefits the public can qualify as a fair use, even if it makes money for the user.
For example, a vacuum cleaner manufacturer was permitted -- in its advertising -- to quote from a Consumer Reports article comparing vacuum cleaners. Why? The ad significantly increased the number of people exposed to the Consumers Reports' evaluations and thereby disseminated helpful consumer information. The same rationale probably applies to the widespread practice of quoting from favorable reviews in advertisements for books, films, and plays.
When Is a Use a "Fair Use"?
There are five basic rules to keep in mind when deciding whether or not a particular use of an author's work is a fair use:
Rule 1: Are You Creating Something New or Just Copying?
The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new. The Supreme Court calls such a new work "transformative." The more transformative your work, the more likely your use is a fair use.
Rule 2: Are Your Competing With the Source You're Copying From?
Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work. Thus, if you want to use an author's protected expression in a work of your own that is similar to the prior work and aimed at the same market, your intended use isn't likely a fair use.
For example, say Nick, a golf pro, writes a book on how to play golf. Not a good putter himself, he copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use. In effect, Nick is trying to use Trevino's protected expression to eat into the sales of Trevino's own book.
An interesting example is when a teacher copies parts of books for students to use. In one recent case, a group of seven major publishers went to court and stopped a duplicating business from copying excerpts from books without permission, compiling them into "course packets," and selling them to college students.
Rule 3: Giving the Author Credit Doesn't Let You Off the Hook
Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.
Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be
The more material you take, the less likely it is that your use will be a fair use. As a general rule, never quote more than a few successive paragraphs from a book or article, or take more than one chart or diagram. It is never proper to include an illustration or other artwork in a book or newsletter without the artist's permission. Don't quote more than one or two lines from a poem. Many publishers require their authors to obtain permission from an author to quote more then a specified number of words, ranging from about 100 to 1000 words.
Contrary to what many people believe, there is no absolute word limit on fair use. For example, it is not always okay to take one paragraph of less than 200 words. Copying 200 words from a work of 300 words wouldn't be fair use. Nor would copying 12 words from a 14-word haiku poem. However, copying 2000 words from a work of 500,000 words might be fair. It all depends on the circumstances.
To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays. This is true especially where it's necessary to use extensive quotations to ensure the accuracy of the information conveyed.
Rule 5: The Quality of the Material Used Is as Important as the Quantity
The more important the material is to the original work, the less likely your use of it will be considered a fair use.
In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs, only 300 words from Ford's 200,000-word manuscript were quoted verbatim. The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book ...the most interesting and moving parts of the entire manuscript," and that pre-publication disclosure of this material would cut into value or sales of the book.
Determining whether your intended use of another author's protected work constitutes a fair use is usually not difficult. It's really just a matter of common sense. There is no more commonsensical definition of fair use than the golden rule: Take from someone else only what you wouldn't mind someone taking from you.
"No arsenal or no weapon in the arsenals of the world is so formidable as the will and moral courage of free men and women." -Ronald Reagan
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SnhKnives
- V.I.E. 5.5
- Joined: Wed Mar 26, 2003 12:57 am
- Location: Atlanta
- Contact:
