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 Post subject: Video's - youtube etc
PostPosted: Wed Aug 18, 2010 8:36 am 
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Have you been posting any video's of your SHOW or YOURSELVES singing karaoke ? ---lets list some links and enjoy !


{{{{{ I have not ...but plan on taking some videos of some singers etc }}}}}}

Do I need PERMISSION to post someone else singing ???


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PostPosted: Wed Aug 18, 2010 9:29 am 
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As far as I'm concerned, utube paid abuttload of money to all the various copyright holders to be able to post videos of their stuff so there shouldn't be a problem as long as you don't charge for it. Now if someone really had a problem with it, they can issue a takedown request, which some artists have done.

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PostPosted: Wed Aug 18, 2010 9:55 am 
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jamkaraoke @ Wed Aug 18, 2010 10:36 am wrote:
Do I need PERMISSION to post someone else singing ???


If that someone else was singing in a public venue and you're not posting it for purposes of generating a profit, then no you do not. However, most business would like to get permission anyway because sometimes people do get sensitive about things like that so it's better to have it documented and make sure they at least know it's happening. You could always put a disclaimer on your sign-up sheets if you wanted.

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PostPosted: Wed Aug 18, 2010 10:01 am 
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jamkaraoke @ Wed Aug 18, 2010 10:36 am wrote:
Do I need PERMISSION to post someone else singing ???


Might be a good idea.

I built a website for a local Restaurant/Bar that had a wall of fame (gallery) page where they posted pics of bands, customers, karaoke singers etc... They got a call from one of the local school teachers requesting a picture be removed as she was in a picture drinking a beer. Not that there is anything wrong with the scenario, but she'd rather not have it publicly displayed for the parents of her elementary students.


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PostPosted: Wed Aug 18, 2010 11:01 am 
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From my understanding of the laws regarding this, I come from photography side where there are some laws you need to follow, even if you are not profiting directly from the image, you need to get a permission from the person. I usually carry with me a model release forms; there are three types: adult, children and property; and have a person sign it when I take a picture of the person.

I am pretty sure the same applies to the Youtube videos. Usually, people will put a video on sites like Youtube and rarely someone have problems with it. However, Youtube and you are responsible if someone asks the video to be taken down, you have to do it, unless you have the rights via model release.

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PostPosted: Wed Aug 18, 2010 11:36 am 
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I would never post something that they did not want posted.
I would mention it to the singer and ask permission to post
Don't think I would ask for SIGNED releaes


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PostPosted: Wed Aug 18, 2010 11:41 am 
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There are people all the time who post videos of concerts, TV shows, sporting events, etc. on YouTube that the networks and music execs IMMEDIATELY ask YouTube to remove. Even in these DRASTIC cases, however, there is no contact with the poster and no where close to a lawsuit. There is just too many of them and it is just not worth the effort. Take is down, issue over.

So I say post your karaoke singers, and if anyone objects, they'll just have it taken down. That's about the worst that is going to happen. There are currently tens of thousands of videos of live karaoke on YouTube, and no one seems to mind.

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PostPosted: Wed Aug 18, 2010 11:51 am 
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I remember the one video where Prince got all up in arms about the 2 year old dancing to the one of his songs, almost sued the family if I recall because they didn't obtain the rights to copy and/or broadcast his music.

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PostPosted: Wed Aug 18, 2010 3:45 pm 
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eben @ 19th August 2010, 3:01 am wrote:
From my understanding of the laws regarding this, I come from photography side where there are some laws you need to follow, even if you are not profiting directly from the image, you need to get a permission from the person. I usually carry with me a model release forms; there are three types: adult, children and property; and have a person sign it when I take a picture of the person.

I am pretty sure the same applies to the Youtube videos. Usually, people will put a video on sites like Youtube and rarely someone have problems with it. However, Youtube and you are responsible if someone asks the video to be taken down, you have to do it, unless you have the rights via model release.


Listen to Eben. but this is just half of the story. The other half is the song that that model sing.... that too is copyright.

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PostPosted: Wed Aug 18, 2010 8:10 pm 
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Well, last year when I went to Harryoke's show in Brunnell, Fla., someone recorded me while I was singing (without my knowledge), and put it on YouTube. I never met these people before (except for Harry, of course), and I didn't mind either.

If you want to see it, do a search for "Cueball is Mr Cellophane" and you will see a recording of me singing "Mr Cellophane" (they only recorded about half of the song).


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PostPosted: Wed Aug 18, 2010 8:58 pm 
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Thanks Cueball, that was great! My wife loves anything from "Chicago" so I'll definitely show her this when she comes home tonight. Btw, like the Charlie Brown shirt too.


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PostPosted: Wed Aug 18, 2010 11:58 pm 
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thank you


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PostPosted: Thu Aug 19, 2010 5:39 am 
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Jian @ Wed Aug 18, 2010 5:45 pm wrote:
eben @ 19th August 2010, 3:01 am wrote:
From my understanding of the laws regarding this, I come from photography side where there are some laws you need to follow, even if you are not profiting directly from the image, you need to get a permission from the person. I usually carry with me a model release forms; there are three types: adult, children and property; and have a person sign it when I take a picture of the person.

I am pretty sure the same applies to the Youtube videos. Usually, people will put a video on sites like Youtube and rarely someone have problems with it. However, Youtube and you are responsible if someone asks the video to be taken down, you have to do it, unless you have the rights via model release.


Listen to Eben. but this is just half of the story. The other half is the song that that model sing.... that too is copyright.


Again if it's sung in public over a PA and you're merely taking video of an acquaintance singing, it falls under fair use.

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PostPosted: Thu Aug 19, 2010 6:41 am 
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letitrip @ 19th August 2010, 9:39 pm wrote:
Jian @ Wed Aug 18, 2010 5:45 pm wrote:
eben @ 19th August 2010, 3:01 am wrote:
From my understanding of the laws regarding this, I come from photography side where there are some laws you need to follow, even if you are not profiting directly from the image, you need to get a permission from the person. I usually carry with me a model release forms; there are three types: adult, children and property; and have a person sign it when I take a picture of the person.

I am pretty sure the same applies to the Youtube videos. Usually, people will put a video on sites like Youtube and rarely someone have problems with it. However, Youtube and you are responsible if someone asks the video to be taken down, you have to do it, unless you have the rights via model release.


Listen to Eben. but this is just half of the story. The other half is the song that that model sing.... that too is copyright.


Again if it's sung in public over a PA and you're merely taking video of an acquaintance singing, it falls under fair use.


Really?

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PostPosted: Thu Aug 19, 2010 8:28 am 
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From a legal standpoint on the audio recording portion of a video.. you paid for the karaoke track, the ASCAP/BMI people were hopefully paid which covered the public performance of the track, but i'd bet from a strictly legal sense one could make a strong argument that to use the track in promotional videos would require a totally different kind of license.

I've run across many YouTube videos people have made.. non commercial videos.. where the audio portion has been stripped because some record company claimed it was copyright infringement.

Now with that said.. there are probably hundreds of thousands of videos on YouTube of people with guitars playing and singing their version of songs, and lots of videos of drunks and not so drunks singing karaoke or with a band.


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PostPosted: Thu Aug 19, 2010 11:22 am 
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letitrip @ Thu Aug 19, 2010 5:39 am wrote:
Jian @ Wed Aug 18, 2010 5:45 pm wrote:
eben @ 19th August 2010, 3:01 am wrote:
From my understanding of the laws regarding this, I come from photography side where there are some laws you need to follow, even if you are not profiting directly from the image, you need to get a permission from the person. I usually carry with me a model release forms; there are three types: adult, children and property; and have a person sign it when I take a picture of the person.

I am pretty sure the same applies to the Youtube videos. Usually, people will put a video on sites like Youtube and rarely someone have problems with it. However, Youtube and you are responsible if someone asks the video to be taken down, you have to do it, unless you have the rights via model release.


Listen to Eben. but this is just half of the story. The other half is the song that that model sing.... that too is copyright.


Again if it's sung in public over a PA and you're merely taking video of an acquaintance singing, it falls under fair use.


Not true. The law defines clear what a fair use is. There are several cases of fair use including using portions of copyrighted material as a part of parody, news, or personal commentary. That also means that you have to use only parts of the material and you have to add something to do it alter the original material. This has to do with copyright, not what we are talking about, which is using image of a person without permission. Youtube will silence the audio of copyright songs from submitted video, unless the submitter cites the copyright.

What we are talking about, which is taking images of someone other than a public figure and putting them on the Internet, is not considered as a part of copyright laws. It's a privacy law. Unless there is a clear consent, in writing, it's against the law to post image of a person without permission. Most people either don't know or don't care. It doesn't mean it's OK.

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PostPosted: Fri Aug 20, 2010 5:18 am 
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read this !!!!!!!!!!!!! http://arstechnica.com/tech-policy/news ... ke-cds.ars


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PostPosted: Fri Aug 20, 2010 7:28 am 
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ranger @ Fri Aug 20, 2010 8:18 am wrote:

I don't think it offers much we don't know. In fact, it offers what is really some disinformation. It talks about "unlicensed tracks" at a bar/restaurant without describing in any way how those were recorded or what the BMI/Ascap licensing status of the bar was.

In short, an article which seems to know what its talking about but in a lot of ways doesn't.

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PostPosted: Fri Aug 20, 2010 9:47 am 
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Quote:
What we are talking about, which is taking images of someone other than a public figure and putting them on the Internet, is not considered as a part of copyright laws. It's a privacy law. Unless there is a clear consent, in writing, it's against the law to post image of a person without permission. Most people either don't know or don't care. It doesn't mean it's OK.


I worked for a private investigative firm for two years, and what you say above isn't true. My firm investigated insurance fraud, and our services always included video evidence of the subject disobeying their disability limitation requirements.

ANY video in public of anything does not fall under privacy rules as long as it is considered "reasonable line of sight." You can not video tape someone/something that is taking intentional measures to avoid being in public line of sight (i.e., bathrooms), but it is perfectly legal to stand on public property and film someone's house/property, etc. We did it all the time, and entered these videos as evidence in court, and had a 90+% success rate.

If they are in line of sight, i.e., exterior windows, you can even stand on public property and film people inside their homes. State supreme courts have even roundly upheld the right of UPSKIRT web sites to film under women's skirts in public as long as they are in line of sight (i.e., not intentionally using mirrors, etc.).

Bottom line, you have almost NO privacy rights in public. Look it up, it is very much a reality.

Do you think the nightly news gets consent to show videos of criminals being arrested in public, or riots, etc.?

Filming someone doing karaoke in public would be perfectly legal as long as you don't use that video for financial gain. If someone wanted to sue you saying your karaoke company MADE MONEY by having their video on YouTube, they would have to prove the actual monetary value/damages of that act, which is minimal and probably not worth the lawsuit unless you are filming someone famous.

Film on....get your singer's consent to post their performances as a matter of personal integrity......I still contend that the worst you have to worry about is the copyright owners asking you to take the video down.

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PostPosted: Fri Aug 20, 2010 10:14 am 
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TopherM @ Fri Aug 20, 2010 11:47 am wrote:
Quote:
What we are talking about, which is taking images of someone other than a public figure and putting them on the Internet, is not considered as a part of copyright laws. It's a privacy law. Unless there is a clear consent, in writing, it's against the law to post image of a person without permission. Most people either don't know or don't care. It doesn't mean it's OK.


I worked for a private investigative firm for two years, and what you say above isn't true. My firm investigated insurance fraud, and our services always included video evidence of the subject disobeying their disability limitation requirements.

ANY video in public of anything does not fall under privacy rules as long as it is considered "reasonable line of sight." You can not video tape someone/something that is taking intentional measures to avoid being in public line of sight (i.e., bathrooms), but it is perfectly legal to stand on public property and film someone's house/property, etc. We did it all the time, and entered these videos as evidence in court, and had a 90+% success rate.

If they are in line of sight, i.e., exterior windows, you can even stand on public property and film people inside their homes. State supreme courts have even roundly upheld the right of UPSKIRT web sites to film under women's skirts in public as long as they are in line of sight (i.e., not intentionally using mirrors, etc.).

Bottom line, you have almost NO privacy rights in public. Look it up, it is very much a reality.

Do you think the nightly news gets consent to show videos of criminals being arrested in public, or riots, etc.?

Filming someone doing karaoke in public would be perfectly legal as long as you don't use that video for financial gain. If someone wanted to sue you saying your karaoke company MADE MONEY by having their video on YouTube, they would have to prove the actual monetary value/damages of that act, which is minimal and probably not worth the lawsuit unless you are filming someone famous.

Film on....get your singer's consent to post their performances as a matter of personal integrity......I still contend that the worst you have to worry about is the copyright owners asking you to take the video down.


Exactly, and as far as the licensing side of it, which Jian brought into the discussion, you don't have to limit the amount of it used or cite a copyright because assuming you're using a camcorder or such, you've already sufficiently modified the original copyrighted material with ambien noises and such. The cases talked about where YouTube mutes the audio are cases where an audio track is overlaid in its original format and quality.

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