waterfront/water... back

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garyb
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Re: waterfront/water... back

Post by garyb »

wow, someone complained...

you have to change the music. i wonder how anyone from the company found your film. i guess it is best not to talk about that kind of thing.
Warp69
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Re: waterfront/water... back

Post by Warp69 »

Youtube/Google have implemented audio analysis into the upload process - the major labels are part of this program. I don't know if your use of the music can be classified as 'fair use' - otherwise your can't not use copyrighted material, obviously.
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astroman
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Re: waterfront/water... back

Post by astroman »

Soundcloud has it, too.
Recently tried to upload an excerpt from an old Sinatra track for demonstration purpose.
I digitized the original vinyl from 1954... and it perfectly identified 'My Funny Valentine' :D

cheers, Tom
Cochise
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Re: waterfront/water... back

Post by Cochise »

As Warp suggested, "fair use" should be the keyword for my doubts.

Wikipedia reports the extract of the US law regulating the issue. http://en.wikipedia.org/wiki/Fair_use
17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
As far as I can see, there's nothing wrong if I use the (almost whole) song as background.
Probably if I mix the noise louder it should be more compatible with the point of the potential market/value... or not?

Just... I feel like I'm posting in the wrong thread
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