music video legalities...

[DiViNeLeFT]

i was just wondering if anyone knew how legal it is or isnt to capture/encode/upload/download music videos from like mtv or muchmusic. ive noticed that music video download sites are never shut down and it isnt like they try to be kept hidden. mainly curious about US laws.

[monsoon01]

i am fairly sure that it is legal. if it were illegal vcr wouldn't be around....just as long as you not recording movies off of starz or hbo(non-broadcast stations) it should be fine.

[wellmashed]

I read somewhere that it is legal to record any tv productions for personal use but you can only keep them x amount of time when you then have to erase it.

But have you ever heard of anyone getting busted for an old copy of Coronation Street ?

[Mpegman1986]

Being a ripper for the music video site videopimp.com the other rippers and I have ran into a couple legal problem.

The band Matthew Good Band told use not to put their video 'Carmelina' on our site. It was never on our site just our IRC channel.

Tantric's record label will not let videopimp.com rip any of their video. When they preformed on Carson Daily's Last Call one of our rippers ripped it independently.

If you try to rip something off HBO or Showtime they will tell you to cut it out because it’s paid TV.

Thats about it. I have to go, videopimp's IRC channel just had a netsplit.

Tom

[Anonymous65]

A music video in VCD is the same as a MP3 music file. You can use it for your own purposes, but you cannot sell, trade or make it available publicly.

[DiViNeLeFT]

A music video in VCD is the same as a MP3 music file. You can use it for your own purposes, but you cannot sell, trade or make it available publicly.

then how do these music video sites stay open if they are trading or making public??

[Anonymous65]

They are illigal, or have deals with the owner of the music.

[Mpegman1986]

They are illigal, or have deals with the owner of the music.

If a band/record company told us to cut it out, we would. But some band even give us promo tapes

[bilbogod]

Its a double edged sword.... Small bands may actually increase there publicity through peer to peer whereas big acts would content that they are losing retail revenue. Personally I like what the band "Offspring" did to Napster. They started their own line of clothing available from their website which was covered in the Napster logos. There were bags, T-shirts etc. The funniest part is when Napster were then asked by the various authorities if they would be prosecuting. Well what could they say ??? Hah ha ha!!!

[devinemi83]

Well according to the MPAA it is illegal to share ANY programs at all. This is like to Replay tv argurment, it would allow people to transfer tv shows over the internet to other replaytv owners. They would compare it to taping something off the radio, digitizing it, and trading it on morpheus.



This is just the way these companies are now, they dont want you to share ANYTHING, theyre modo is"Let them buy their own copy!"

Yeah it sucks,
Go Morpheus!

[g0dZpr0fi7]

Well Phuck the MPPA
If the entertainment industry had it's way we would pay every time we watched a video or listened to a song.
These rich and powerful companys spend millions bribe.. err... lobbying our politicians to pass laws that hurt the consumer.
If thats the way it's gonna be I say download away.

[alucard2050]

i just have to throw in my 2 cents on this subject........SHARE SHARE SHARE....i can see an arguement for copying and selling, i can see an arguement for having restrictions in place to prevent mass reproduction of copyrighted material. what i reject is the fact that if i have something that i own, paid for with my money, then i should have the right to share it with someone else. music, video, a program, a friggin toaster, it doesn't matter, my money, my objects....example---metallica made a big stink about napster. i remember lars saying that it was wrong and that it was stealing the works created by the band. my money signs their paychecks. i feel if i purchase it, then it belongs to me to do with what i wish, not just them anymore. if it still belongs to them then i should get my money back because its not mine.......rent for a while cd's............back in the day i was a major metallica fan but, since napster, i do not listen to them anymore............sad but true........he he he he he he

[DiViNeLeFT]

This is just the way these companies are now, they dont want you to share ANYTHING, theyre modo is"Let them buy their own copy!"

Yeah it sucks,
Go Morpheus!

id say for 75% of the music videos that i have, there arnt dvds or videos for sale that have them on them. if there was i would probably aready own most of the videos.

[devinemi83]

I agree, they tell us that we cant share videos, buy your own, well they dont sell alot of stuff you like. And even when they do they charge huge amounts for it. They want us to pay them for everything. And now they are copy protecting cds, which means that you cant use YOUR music the way you want it.


I also agree to this, F*** the MPAA and the RIAA.

[vitualis]

i was just wondering if anyone knew how legal it is or isnt to capture/encode/upload/download music videos from like mtv or muchmusic. ive noticed that music video download sites are never shut down and it isnt like they try to be kept hidden. mainly curious about US laws.

Whether you like it or not, it is illegal unless YOU have authority/lisence from the band/managing company involved.

As for the reasons this is tolerated, this particular form of copyright infringement doesn't hurt the profits (you can't really buy music videos from anywhere), and indeed, may improve them.

Regards.

[Mirror_Image]

http://www4.law.cornell.edu/uscode/17/

[bigmicka]

further to the same point.

http://www4.law.cornell.edu/uscode/17/1101.html

[bigmicka]

And for you Australians.

http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s21.html

Take a CLOSE look at section 1A.

[bigmicka]

http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s132.html

and for you DVD rippers in Australia.

take note on section 5B subsets a,b,c.

and especially section 5C.

[SatStorm]

Well...
In Europe in generall, selling is illegal, creating and using yourself is legal.

In the matter of fact:

1. It is legal if you create it yourself and use it yourself
You have the right to back up your property in any way you choose. Protected CDs, etc must give you a way to do this. Here is not US to just leave companies do what they like, just like this!
2. It is legal if you give it to your friend/ relative for testing/educational/promotion issues, not includes profits in any way.
3. It is illegal if you sell it at ANY cost to your friend/relative
4. It is illegal if you sell it or simply give it to your friends/ relatives and the product is still on market, and this action makes the creator loose profits, for 20 years after the first release.

That is a very interest thing to explain: Any product, like music and Videos, is protected for 20 years . After that period, is free for personal/general use, not include profit.
For example, it is free for a music collector, to get a 20 years song without a charge from internet. But it is not free for a radio station to play it.

Ofcourse, the companies have their ways to overcome the 20 year limitation. And that is the re-releace.
Why you think there are so many 20 year universarys and re-unions after 20 years? Even Jackson 5 reunited for that reason....
After the re-release of a song, it gets another 10 years...

Example:
Let's say Sheila E's big 1976 Hit "spacer". A typical Euro-disco paneuropean smash hit. Never re-released, so after 1996, you can
a) do it on any format you want (vhs, vcd, dvd, etc)
b) give it free on internet as mp3 or whatever
c) use it as a sample for your song...

But, there was 5 songs after 1997 based on "spacer" (guess what, no-one mention sheila E and all was again smash hits anywhere in europe, UK as usually not included), and Sheila E re-release that song herself remixed. What you do in this situation?
Easy: If your creation is based on the old release (1976), then no problem. If your creation is based on the re-release, you are illegal...

The main reason in europe we have music revivals any 20 years, is because of that: Many local record labels, can easily use music material from 20 years ago, without to pay much, from those songs "forgoten" for re-release by the main (american based) companies.

One example to see how difficult is to explain what is legal and what is illegal
There is a music channel in France, MCM2. This is a retro channel. It plays only analogue old material from the archives the original MCM channel have the past 30 years. It doesn't play anything from re-releases, like DVD, etc...
There is also VH1 Classic in Europe, from MTV. It plays only what americans wants and only re-releases of the same songs.

- If you grabb and encode from MCM2 a video, you are legal
- If you grabb and encode the same song from Vh1 Classic, you are illegal...

That is because VH1 Classic is based on Re-released material and not his own archives like MCM2...

A tip: MTV Europe started in 1988, so after 2008 if you still own some tapes from that period you can encode it and be legal. Do it, because the First MTV Europe archives was european based and today don't exist. There are no rights for them!. You probably not gonna see many songs from that period. BUT:
You can't start encode your 1981 for example songs today if your source is the MTV Europe of 1988. Why? Because the first MTV release of the videos was 1988, so it has to go 2008 to have "rights" on them.
After 1994, MTV Europe returned to US control (before was by its own) and at 1995 turned digital. The new US officers of MTV Europe simply brign the US digital archives to transmitte and destroy their analogue archives. That's why today's MTV Europe sucks on programs and also is so US focused.

Just for the video music funs out there..

[Rich927]

Just my two cents worth...
The author and performer of a song spent a lot of time and effort to make that product to sell in order to make a living. It is (by current laws and agreements) not free. just because you bought a copy of it doesn't mean you own the right to distribute it for free or for your own profit. If that was the case, you could buy a book or car, copy it and sell it for profit. Without the monetary benefit of being paid for your work, where is the incentive to create?

Member AF of M, AFL-CWA

[DiViNeLeFT]

Just my two cents worth...
The author and performer of a song spent a lot of time and effort to make that product to sell in order to make a living. It is (by current laws and agreements) not free. just because you bought a copy of it doesn't mean you own the right to distribute it for free or for your own profit. If that was the case, you could buy a book or car, copy it and sell it for profit. Without the monetary benefit of being paid for your work, where is the incentive to create?

Member AF of M, AFL-CWA

ok, yet again... i cant buy 75% of the vids i got...

but anyway, here is my bitch to that...
with music cds i download and burn, rip and share every cd i can get my hands on...

this is my logic... cds are sold for lets say aprox $20... bands make aprox $.50 off of every cd sold. the record company make WAY more from every cd sold than the artist. so i will continue to "rip off" the bands with their cds and support them by going to their shows or buying their tshirt... something that they make a lot more of the money spent than with the cd.

[Rich927]

I guess if you use that same logic, you could buy a software program, say one that cost $200.00, like Windows XP, and claim to have the right to copy and sell or give it away. Denying Microgiant of the profits. Be darn lucky that FREEWARE is avaliable. By the way, big software companies do check for illegal copies of software. XP's Media Player keeps track of what you play and I'm sure other programs to the same.

[SatStorm]

Well, there are a few solutions for this:
1. Don't use XP
2. Use cracked XP
3. Use Linux
4. Use Win 98SE light or Win 2K light with opera browser
5. Use seperate computers for internet and all your other actions. Do a small home network...
6. Don't use internet at all

SatStorm: Solutions for everyone