help ...

[ash48]

I'm preparing to post my new vid and was just wondering...

Anyone found a good streaming site other than YT and iMeem?? I thought File Front did but sometimes it gives me a streaming option and other times not (?).

And damn it if YT hasn't taken down 500 Miles and now taken the sound out of Channel Hopping. :(

Time to investigate a website. (though I wonder what the copyright issues are on that!)

Thanks if any of you have some suggestions.

Comments

[heidi8.livejournal.com]

Did they give you the chance to argue that the videos were improperly taken down? The Switching Channels one, especially, has such a range of audio sources that you should be able to make the argument that it's transformative of the audio, as well as of the visuals - and a parody, to boot. I went through this about a month ago with my Black Parade video, and argued that it was transformative - youtube never actually got back to me about it, but the audio was restored to the vid!

Understandably, some vidders think that the transformative works argument is false or mis-applied especially when there's a sole audio track, but I think there's no downside in making the argument if you think your video is transformative of both the audio and video sides.

In case you want to borrow it, the language I use is this:

The use of the copyrighted material is justified as fair use under 17
USC 107 because it is (a) trasnformative and (b) does not adversely
affect the market or potential market of the original work or
derivative works. The central purpose of this investigation [into
purpose and character of use] is to see ... whether the new work
merely "supersede[s] the objects" of the original creation, or instead
adds something new, with a further purpose or different character,
altering the first with new expression, meaning, or message; it asks,
in other words, whether and to what extent the new work is
"transformative." Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569,
579, 114 S.Ct. 1164, 127 L.Ed.2d 500 (1994), Zomba Enterprises, Inc.;
Zomba Songs, Inc., Plaintiffs-Appellees, v. Panorama Records, Inc.,
Defendant-Appellant., 491 F.3d 574 (6th Cir. 2007)

[ash48.livejournal.com]

This is wonderful, thank you.

I've never taken YT to task. I've just let it ride - but I'll give this a go - can't hurt I suppose.

I can fully understand artists rights to earn money from their music - but it seems to me that we are promoting their music and in fact I've actually bought music after listening to music made to fanvids.

Thanks again. This is very helpful.

xx

[ash48.livejournal.com]

A little update: I've put in a dispute. They've claimed copyright on the song "I'll be there for you" ... so we'll see how it goes. I'll owe you one BIG TIME if they restore it!

*hugs*