It Seems Fair From Here

08 Dec

I’m not sure when I stated using content that was not mine for my fifty-Plus videos to date. I could spend the extra few minutes to find which one included the intellectual Property of another entity or person. And, did so. as it turns out that was from a Keb Mo’ Concert in Phoenix. It was live show and I suspect that recording the event was off limits and a condition for the paid ticket, ah bootleg material. Near the end of the concert I made a request for “Flat Broken Busted”. If memory serves me right it took some work to get him to sing it. As, at one point he lost some the of the words to the song and you might here him say that he indeed had forgotten some of the words. In case you were wondering why would I make that request? Simple, there was a time the film “TinCup” was at the top of my favorite movies list. And, I liked the song. I don’t think he appreciated it as much as I did. That was my first white collar Internet crime.

My subsequent video was from my trip to Boston in May of ’07, which feels like that was a million years ago at this point, included music from my good cuz’ Paul, and The Grownup Noise. I admit I did not get written request for the use of his material, whoops. I guess if I was infringing on his copyright’s for the song he would have said so at this point. Even at that it I didn’t include the full song, on some of it. Perhaps I should get that written request from him?

When I got the handcycle that summer I added “Roll Me Away” by Bob Seger. There was another song I wanted to include, in that video. It was Chris Isaak’s Gone Ridin’, however, youtube muted the audio on that one so I added another Bob Seger instead. Must have had a CD laying around. Most of the subsequent video’s were just me doing something for the first time in this new life. As, the very first one was of me sitting up for the first time, to my first set of stairs, kayaking on a lake, a Transfer from a Dodge Ram, and Denver Bronco Cheerleaders.

It was my 2007 revisited did I add a song from Collective Soul and at first and the audio wasn’t muted, however, since it has been muted. I followed up with a short video of my first tattoo. Then I put together my trip to Kansas City which was originally muted and since the audio has been un-muted. That summer I made a video of me waterskiing and for a while was left to be, but then later muted. By the time I was making my video’s more than just firsts and short kinda boring video’s of this or that I didn’t like to have ’em muted by youtube. I needed to make a change in how I put them together.

So, with my “Condo Sweet Condo” project I tried to shorten the music I would add the the video’s. I wasn’t sure, but if my time at NAU was right I thought I recalled a “40 second rule of thumb” for copyrighted content. In that video I included several songs in the video. The concept being that I didn’t use enough content to impact the owner’s pocketbook. I’m not sure how many different songs I used for that video, but being it was a four minute video I would say a lot. It was after that did I really begin to use content that wasn’t mine. But, always keeping in mind that as long as I don’t use too much it falls under “fair use” rules with intellectual rights. And, have continued since. The exception would be Crater Lake, fortunately the owner’s didn’t have a problem with that. But, by then youtube and the music industry finally found a way to allow the full use. As, now if you do you a full song a link to purchase the song is found right below the video screen.

Many of my Sept. of ’09 trip video’s I tried to keep within the fair use rules. On a couple of occasions I did make an appeal with youtube that any material I used that wasn’t mine, however, was within the fair use rules, and a couple of the video’s audio was then un-muted, and a couple were not. I’m not sure how they judge fair use, but youtube has been a guide post with my video’s. Which always hasn’t been consistent. But, it is what it is. As I am sure every artist and record company approaches the use of their content differently. As, the intent of intellectual property is to protect their financial rights. As, I suspect that the more exposure of one’s music is a good thing. And, now that you have that option to buy a song that is added to a youtube video can be purchased and has the ability increase sales? I very well could be wrong. but, all video’s since “Condo Sweet Condo” I tried to stay within the fair use rules.

This past year I have begun to add video from others to develop my video’s. I always try to make something new or different from the original content, or expand the content as well, which is a part of fair use. I fully admit my BreakingPointe Fabrication with the footage of the Grand Canyon is a bit suspect? It was produced by a man named; Dan Carter. I’ve attempted to find him and that very video, however, I have been unable to find him or any content from him. I probably would contact Mr. Carter, and request his perrmission if I could find him, but I been unable to find him. And unfortunately, I haven’t had much of a chance to create my own content. As, I would prefer to do that instead. I would much prefer using my own, but thanks to the World Wide Web I “borrow” a few frames and audio to help me find the thoughts I may be attempt to share.

Over the past 5 years of videos some has been muted, then un-muted. left to be, then muted. Any time I use content from others I find it hard to believe that I am impacting the owner’s financial rights. I would say as we move further and further into the information age that by the help of professionals and their work helps those who can’t communicate their message effectively might have have a better chance with fair use. I would tend to believe they should embrace this new digital world and not run from it.

I know as I move forward with a thought of using youtube as a means to create an income I would love other to use some of my material, with fair use, for their work. As, it would only increase exposure to my full content. As, one thing I learned while my time in marketing work of mouth marketing is by far the best. All I know, any of my video’s that I have put together which included other’s content does fall under fair use rules. And, with a new bill going through congress I only hope that those learn from the music industry back in the 90’s and find ways to embrace this new digital environment and not try and go too far. And, find ways that all parties win.

All I know, my video’s….well seems Fair Use from here. And, any content of other has helped me communicate my messages better and a bit of exposure for the owner. but, what do I know?

I’ll leave you with my Kansas City video that was muted for a long time and now is un-muted. This video is the only video I made an attempt to narrate my own video? I was actually ok with that at first, but watching all these years later, perhaps it was a bit better than previous thought. And, any current video that is muted I do want to re-mix to allow for both video and audio.

As this concludes my broadcast day.

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Posted by on December 8, 2011 in Previous Posts


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