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Disabled YouTube Video

riverc0il

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I don't think any one debates the legality of what YouTube and the music industry is doing. The debate is in the ethical aspects of the strict application of the copyright law. Fair use in copyright issues are an interesting topic to debate.

I like to look at it from the perspective of profit or lack thereof. In this instance, there is no file being "shared" such as via a P2P network. There is free promotion and marketing perhaps even exposing music to new audiences. The music is controlled via an online and embedded media. So there is no loss in profitability it seems as this is not a comparable issue to P2P and file sharing. If businesses were using unlicensed music for profit, then obviously there are much more serious implications.

Through the eyes of a photographer, having pictures lifted and reused is an obvious issue because it threatens the product being sold and devalues it. But that is not a fair comparison as that is a direct sharable copyable media that can be reproduced and used any where. This is all very much unlike an embedded movie that has an audio track.

The only issue I could foresee would be potential no profits going profit. That is a clear issue. Both Greg and I both have produced video with movies. Greg runs a for profit web site so I think that is a bit more of an issue as people are drawn to AZ by viral videos. People are drawn to my site through the videos as well and even though it is no profit, a good argument is that it could be and the music helps to build the base of users. This happens a lot in the web when once free services go profit once they have a big enough user base.

From a moral perspective, this is just one more instance of business as usual from a failed industry that can't come up with an innovative solution to be profitable at the same time as providing content that customers want in a service they desire at a price point that is reasonable. Some might say that you agree to play by the rules when you become a member of organized society. But I counter that by suggesting some of the best and most amazing innovations and evolutions of society have come from groups resisting the status quo. If legality is never challenged, it never changes. Any one interested in music knows that things need to change. Consumers have spoken but the industry refuses to listen but instead plays a dated business model and plays the letter of the law.

Any ways, I think the music industry has more to loose than to gain by forcing YouTube to take down videos that are not making any one any money and only spreading good vibes and interest in bands that have good tunes. I don't disagree with the fact that this is the law. But I disagree with the fact that it is a dumb move that will likely piss more consumers off and already soured market when labels were getting non-sharing free marketing and buzz and good vibes.
 

Phillycore

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I can see both sides....

I have actually purchased music that I heard for the first time on ski movie trailers, you tube videos, etc.. so it can have a positive effect for those who's music is being used as well as the obvious negative..
 

JasonE

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And as I pointed out, using copyrighted music in personal ski videos to share good times with friends is a very small part of overall online video content (additionally, how do you stop the marketing dept of a resort from creating "home" movies and posting them online as a way of free advertising). Changing copyright law to take intent into consideration would be impossible to enforce. IMO more publishers should follow UMG's approach and stop being greedy.

Excellent, excellent point. This is, indeed the problem that music publishers are currently facing, and why basing things on intent is so very difficult.

The other thing is that creating a "home movie" to share with friends is one thing - but once that "home movie" is posted on youtube, you're no longer sharing it with friends, you're sharing it with the entire world - potentially millions of viewers. Where does a home movie become something more than a home movie, even if no revenue is being made from it?
 

Clarkl23

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I donate plenty of photographs to non profits and even to clients I like who I know might not have the budget to pay my regular price. I don't even have a huge issue with non-profits using my images, I guess I'd just appreciate the courtesy of someone asking before they swipe my images. Some people even ask if they can hotlink, which I don't think I've ever refused.

The other big issue I have is with designers who think that if they grab images from 3 different sources and create a composite image that suddenly the new recombined image can be copyrighted in their name. Similar I suppose to sampling music. In both cases someone else makes money from your creativity and thinks they owe nothing to the creator of the "body parts".

Clark
 

RootDKJ

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The BIG difference is that the 'legitimate' TV and movie producers are using the songs to make money. Someone who makes a home movie for the soul purpose of sharing it with their friends is not making ANY money from it..

If I was a music artist or producer I'd love it if people were using my work in non-commercial videos. Talk about free advertising...
I never heard the song "Hard Sun" by Eddie Vedder, that Greg used in your video at Hunter but really liked it and will probably check out the whole album at some point.
 

SkiDork

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I checked out some of the stuff on the freeplaymusic site. Stuffs not bad. I'll prolly start trying to use it in my vids from now on. Thanks for the link.
 

Greg

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I never heard the song "Hard Sun" by Eddie Vedder, that Greg used in your video at Hunter but really liked it and will probably check out the whole album at some point.

Case in point.
 

evil

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So awesomely stated riverc0il!
It is my personal opinion that the problems with the music industry go even further back. When they started "creating artists" overnight, thus surrounding all of their buzz marketing around one single with little attention to the album as a whole. I feel that they created a climate where the consumer was focused on one song. Once internet music came into play, it was a logical (though ethically questionable) to get that one song for free rather then pay $20 to have to sift it out of an album filled with junk. In essence, it seems as if the music industry is having to deal with it's own Frankenstein.
And instead of trying to tame the beast (hitch a plow to it or something), they picked up torches and rallied the villagers.
Had they embraced the changes in consumer trends I really feel that they could have lessened the fallout, even profited from it, rather then finding themselves in the position they are today.
I believe that if they showed a shred of early innovation and prediction in their clients trends, that they could have molded the consumer (as they have shown they are able to do) into something that continued to keep them paid.
Seems to me like it boils down to anticipatory v.s. reactionary business practices.
 
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gmcunni

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uploaded a new video this morning to youtube. it has been processing for more than 3 hours which leads me to believe it was flagged for copyright and will be blocked. i noticed a link regarding copyright and found one of my videos tagged but still available. upon digging deeper found this:

Your video, MTB with the boys, may have audio content from No Sleep Till Brooklyn by The Beastie Boys that is owned or licensed by UMG.
As a result, your video is blocked everywhere except in these locations:
Australia, Brazil, Canada, France, Germany, India, Ireland, Israel, Italy, Japan, Mexico, Netherlands, New Zealand, South Korea, Spain, United Kingdom, United States

thought it odd that some but not all countries were allowed.
 

gmcunni

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uploaded a new video this morning to youtube. it has been processing for more than 3 hours which leads me to believe it was flagged for copyright and will be blocked. ....

well, didn't turn out to be blocked.. for some reason it just took 4 hours to process. :spin:
 

gmcunni

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4 more of my videos on youtube "flagged" for copyright issues. they now simply disable the audio instead of blocking the video. all 4 audio tracks were "owned or licensed by WMG".
 

bvibert

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I've come across a few YouTube videos with no sound like that. It's better than getting rid of the whole video I guess.
 

gmcunni

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I've come across a few YouTube videos with no sound like that. It's better than getting rid of the whole video I guess.

i get the whole "copyright" issue but am bummed by the way some owners act. i wish YT allowed for replacing a video without losing stats. sounds trivial but my kids love to see the hit counts on videos they are in. my daughter is very compeditive about the whole thing and cheers when her videos are viewed by more people than ones her brother is in :-D
 

bvibert

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i know, i use VIMEO at times. at some point they'll be forced to deal with the copyright issue too.

That's what I'm worried about, seems like delaying the inevitable. Vimeo is getting more and more popular everyday.
 

andyzee

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I had a couple of mine banned on youtube. They don't delete the video, it's still there, they just don't make it available to the public. They do give you the option to change the music and give you some suggestions.
 
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