Copyright, Copyright, Copyright

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pixelthis
pixelthis

Posted on: Jan 26, 2009 10:58pm

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A lot of heated debates have been surfacing on the comment boards lately, so I felt it necessary to shed a little light on the subject. It is against the law, under all circumstances regarding this website, to use copyrighted material, without permission, for ANY means for ANY length. Period. The copyright law is very clear in that it is unlawful to use copyrighted material, without exception, unless it falls under the "fair use" clause. This clause ONLY applies to commentary, parody, news reporting, research and/or education. NONE of which are present on this site. It is even illegal to use Copyrighted material, without permission, to share. So even if you upload a video, don't win, you are still violating the law. I say law, because it is one, but it's really more of a moral code. Please, respect the intellectual property of others, and create something truly genuine. Here are some links... . http://www.umuc.edu/library/copy.shtml ......... http://www.copyright.gov/ ............ http://mashable.com/2009/01/14/youtube-mutes-videos/ ............. http://www.templetons.com/brad/copymyths.html ........ thank you..........
phatfugger
phatfugger

Posted on: Jan 27, 2009 02:11am

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What about YouTube? Intellectual Property laws are going to change depending on how this case goes...it really comes down to whether they have the resources to go after us. I worked at a company that did go after companies for infringing, but never people because it wasn't financially feasible. So, if a tree falls in the forest and nobody hears it, then did it make a noise?
apprentice
apprentice

Posted on: Jan 27, 2009 02:23am

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among this facts i suggest to read "free culture" by Lessig Lawrence, its obviously available on google: Lessig Lawrence filetype:pdf for every person that vants to understanad something more about it. i read it and now i think that if i use a portion or a rearrangement of a gorgeous songs by the chemical brothers, for example, than they only should be glad to me because if you dont know it, and you like it; maybe you ask me: "what song is it?" than i tell oyu the title and the album title and you can go to buy a copy of it. you DONT HAVE to use amule or some else p2p program to download it for free.
pixelthis
pixelthis

Posted on: Jan 27, 2009 04:15am

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It's not so much the laws that really speak to me.. It's the moral ( ethics) of it all... I'm a creator.. This is my job.. my profession.... this is my life... This pays my bills... this feeds me..... My creativity puts food on my plate.... So if i saw somebody else PROFITING off of something that I MADE..... I would be UPSET! VERY UPSET.... This isn't about obeying rules and laws... it's about RESPECT for fellow creators.... that's all... just respect people as creative as you.... that's it..... :-)
alemeux
alemeux

Posted on: Jan 27, 2009 04:20am

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The form to fill before uploading an AD on zooppa says "I assure that I'm not sharing content protected by copyright or other peoples content". Plus "do not upload copyrighted, obscene or any other material which violates Zooppa's Terms of Use". It's clear: copyright is a very serious and delicate matter but... apparently it looks like many new/old zooppers are playing with that without understanding the problem. Zooppa is a powerful cool creative area but... it doesn't protect anybody from violating copyright. What's the solution? There are many websites where we can legally download music and images for free. Many others where we can buy for few dollars good photos or whatever we need to create an original idea. Well, we have just to do it ;-)
pixelthis
pixelthis

Posted on: Jan 27, 2009 04:28am

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alemeux - you're awesome..... and absolutely correct..... there are websites where you can browse TONS of music.. Royalty Free Music..... sometimes all they require is a one-time distribution license.... So.. let's see... pay $50 dollars for a music license......... or go to jail for 5 years and/or pay $250,000 in fines... ( and that's if you don't win anything)...
apprentice
apprentice

Posted on: Jan 27, 2009 05:34am

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i didnt say: "i wnt you to violate the copyright" i say dont be a sheep open your mind and use it and if you dont like something do something on it! i didnt say its absolutely right that i can use all the music i want but youre saying that is correcto for people that are the cancer on this planet and on this human being to do what they wnat! its correct that if i use 49 second of a copyrighted song modified by me theyll be able to take from me 250.000 $?????????????????????????????????????????????????????? this is legally correct to you??? O_O and i dont think that using 40 seconds of a song i steale the bread from the table of somebody eve if i poor fellow without a sable job could earn some money to feed me!!! and one last thing: you think that copyrigt defens the creator rights??????????????????? O_O read something about that than, you colud speak knowing a bit of what your talking about!
pixelthis
pixelthis

Posted on: Jan 27, 2009 07:11am

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apprentice.... Obviously this is an emotional subject and I meant you no disrespect. Actually, quite the contrary. You have several videos on this site. I especially enjoyed "is simple, isn't it?"... that was a good video... I'm glad you are joining us on this topic because we need the support of everyone. I'm not saying the law is right or wrong.. but I am saying that is the US law.. and it's enforced by the FBI... unfortunately.. you are correct... if you take a song, made by someone else, copyrighted... you cannot lawfully use that song... even though you put your creativity into it.. you still cannot use it without their permission.... What you are talking about actually happened.. it's true... the artists Vanilla Ice and Queen ( among others) had several "issues" regarding the beat.... most were settled out of court.. but still.. Listen to this.... http://www.youtube.com/watch?v=Vp-is6S_b_g ....... and this ....... http://www.youtube.com/watch?v=xtrEN-YKLBM .... I respect you apprentice, and you are entitled to your opinion... as am I ... please... lets just work towards a common goal... a peaceful, respectful, and lawful ZOOPPA... so everyone can be happy... Thank you : - )
apprentice
apprentice

Posted on: Jan 27, 2009 07:24am

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im glad in some ways you aggree with me, im not angry with you its an ideal and it turns me on.
pixelthis
pixelthis

Posted on: Jan 27, 2009 08:20am

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Thank you apprentice. I agree. It's an important subject. One that I leave for ZooppaStaff to resolve... with my full cooperation. : - )
Babilonia
BabiloniaPro_badge_small

Posted on: Jan 27, 2009 10:20am

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Do You really mean that using 8 seconds of a Dean Martin's song in the background of my video now I risk 5 years in jail? Is the law really like that? And really Dean Martin would be satisfied for that? If you answer YES, without But and If, I'll surely take off the video from the competition. Here I tell, and I'll do. *** I live, as you, creating artistic "object". And I know that my efforts are useless, if my creations don't enter the heart of the people. If the law strictly punished all the spontaneous use of artistic material, locking YouTube and every source else, limiting to radio/ TV authorized broadcasting, or internet selling, it would be impossible the spread of new artistic realizations, unless you are "protected" by rich companies. I know LAW is LAW, and we have to respect it. But when the law accuses you more often than when it protects you, it's not a great law! Neither FBI nor Italian Police,didn't intervene when my first short film was giga-screened in a review in the railway station. I never gave an authorized copy to anyone. A friend of mine advised me. But the review was free ticket. Really was i damaged?
pixelthis
pixelthis

Posted on: Jan 27, 2009 07:18pm

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Babilonia, I understand what you are saying... and although the law may seem unfair... it does make some sense. If you use a song, that is copyrighted, without permission from the owner... then YES.. you do run a risk of getting in trouble from the law... However, there are several exceptions to the rule.. for instance. you can use a song, for free, if the authors are dead and 70 years has passed... or if you are using the song for educational, research, or news purposes. I understand how you can see it has not fair... but... it doesn't stop you from being creative... instead, it just pushes you to be MORE creative... You can still use great music.... go to www.freeplaymusic.com that is all royalty free music... and a lot of it is Very Very good.... also... the reason why there are so many myths about copyright laws is because it's difficult to enforce and so many people break the law on a daily basis... i would be willing to bet that copyright infraction is the MOST occurring crime in the world.. it's so easy to download free music illegally and share it... . anyways..... .. .. The chances that you will pay a huge fine or go to jail... are small... the FBI doesn't have the time, money, or manpower to hunt every person that breaks this law... However, I bet the FBI would be upset if they found all of us doing it on Zooppa..... As it stands... we are all representing ZOOPPA with our videos.. banners.. ads.. and concepts.... WE ARE ZOOPPA.... so ... if we, as a whole, are breaking the law, then we are all guilty... and Zooppa will probably be shut down.......... That is why this is so important.. .. : - ) I hope you understand
phatfugger
phatfugger

Posted on: Jan 28, 2009 03:00am

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Frankly, there are no original ideas...all ideas are built from building blocks that we're created by someone else. Also, the “letter of the law” is dictated differently depending on what country you reside. In addition, the FBI has no jurisdiction outside of the USA and will not extradite someone on IP (intellectual properties) infringement. Also, the 70 year figure is not an international standard. It’s funny what can be considered IP nowadays too. For instance, some families of historical figures are claiming they own the rights to their name even in an educational setting (Ceasar Chavez). They’re trying to get money out of textbooks for using a photo of him in it (not on cover, because that is considered promotional). Andrew McMeel publishers used Oprah Winfrey photo on the cover of a book and didn’t clear it…however, they assumed the risk on cost benefit analysis…how much money can make vs how much will I lose getting sued. They understand it wouldn’t behoove Oprah to go after them, but they were careful not to put anything slanderous in it either. All they have to do is put something like “Unauthorized Biography”. Also, check out recent James Brown case. So, the “letter of the law” is vague at best…anyone in IP knows it’s veeeery gray and at this point not enforceable at this granular level. As for stealing content from you…all your content is influenced by someone else or “stolen” ideas too. The fact that you’re not a lawyer and offering legal advice is illegal in itself. It’s good to talk about this in the forum, but not on every ad. So, we’re not here to set legal precedents and comment on the legality of every ad…we’re here to recycle old ideas from our stolen building blocks and create cutting edge ads. What it really comes down to is your comfort with the level of risk. Whether your Paul Klee and literally taking pieces of other materials to produce art, or your using parts of songs to create hip hop, it’s a wonderfully creative process and brings the cream to the top. This being said…the brands won’t be able to use the ads for promotion use unless the IP is cleared, so keep this in mind and try not to be blatant. good talk
pixelthis
pixelthis

Posted on: Jan 28, 2009 05:51am

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phat, I understand completely what you are saying.. and i agree to an extent.... and now the conversation has almost turned more philosophical than judicial. The "intellectual property" laws that cannot be enforced by the FBI, such as those abroad, are enforced by Interpol. This is actually advertised at the beginning of every movie in the FBI warning. More information regarding Interpol jurisdiction can be found here... http://www.interpol.int/public/financialcrime/intellectualproperty/default.asp .. Now, obviously there are gray area's... there always are.. it's human, how do you define right vs. wrong, it's as controversial as the "nature vs. nurture" debate. and really, what it comes down to is social agreement, these are the rules, and blatant disregard for them is not permitted... I understand that creative ideas always stem from learned information... that's obvious and unavoidable, and I completely respect your devils advocate defense... but stemming from an idea to create something new ( inspiration) and directly copying someone elses work ( piracy) I feel are two WAY different things..... For instance, for my video in the "I love italian shoes" comp, I used the Bourne Movies and Hitman movies as inspiration, obviously creating an action-spy-flick isn't new.. but my video is... however, if i had just copied scenes from those movies, that is piracy, that is theft.... now, therein lies a problem... what if i took a scene from the Bourne Ultimatum, copied it scene by scene, word for word, angle for angle... now, this video was created entirely by me, and each word spoken was spoken by me, does that constitute as creativity and innovation... or piracy? According to the law, it is piracy.. the law uses a word, "verbatim"... but, if the person defending their work defends that even a minimal amount of change had been applied.. then it counts as legal re-creation.... Now THIS is extremely tough with art............... That is why, and you are right, it is extremely tough to accurately define a line between right and wrong on this topic.... I think, however, for a community such as this... blatant and obvious breaching of copyright laws should be frowned upon..... Now, as far as me giving legal advice, i don't recall ever doing that... as a US citizen, it is my right and responsibility to know the law, especially in my profession, i never gave council to a person, but moreover just voiced what the law is.... If I witnessed a murder, and I said, "murder is illegal, you shouldn't have done that" that is not illegal for me to say... ... If i had witnessed a theft, and I said "robbery is illegal, do not do that" - also, perfectly legal for me to say... not only does this fall under freedom of speech, but i'm simply presenting a law that is openly available to all... Now, if that law had a copyright on it.. well.. that's a different story... ( haha, just kidding) .......... This is an excellent topic, and I"m honored to be a part of it with all of you... I furthermore wish to extend my respect and openness to differing views, I don't expect everyone to agree on this, but I am more than willing to hear you out and offer my limited knowledge and opinion on the matter.... thank you , : - )
pixelthis
pixelthis

Posted on: Jan 28, 2009 06:08am

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Coincidentally, there is an awesome show on ABC Primetime called "What would you do?" The premise being, how would you react if you witnessed someone breaking the law? They employ hidden cameras and psychologists to watch people either stop criminals through intervention, or sit on the sidelines as spectators (as these crimes are being committed). I found it enlightening and empowering to know that doing your best to prevent or stop crime... is not something to be ashamed of.....
Babilonia
BabiloniaPro_badge_small

Posted on: Jan 28, 2009 08:34am

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Here in Italy, we often claim the "Right to Quote", when we use a small part of a piece of art without permission. I know it's legal, but I don't know if it is all over the world. Reading the Phat's post, I guess in USA you have something similar. what do you think or know about this "Right to Quote". Are there objective parameters?(f.e. : no more than 10 second of a song, no more than 10% of a picture...)
pixelthis
pixelthis

Posted on: Jan 28, 2009 05:12pm

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I did a quick internet search on the "right to quote" and I couldn't find anything... I know little about Italian laws unfortunately...
keypaul
keypaul

Posted on: Jan 28, 2009 06:24pm

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I agree with pixel e alex for copyright cause the real problem on this issue is the "for-profit" or "for-no-profit". If you make something with social/scolastic purpose , you can use part of image/video/etc... but there's something about "profit" you can't use nothing not your. In Usa and uk there's something about this: http://it.wikipedia.org/wiki/Fair_use http://it.wikipedia.org/wiki/Fair_dealing In italy, there's the "art.70" for opera covered by copyright, in few words something like this: You can quote a part of opera on copyright only for purpose comment. And with the new comma, you can publish the whole opera, only if the music/images/etc.. are in alow quality or degraded but for scolastic/scientific/social purpose and for "no-profit". This is the law, i don't the consequence, but for me is enough (profit - copy)
RedhandStudios
RedhandStudios

Posted on: Feb 02, 2009 08:28pm

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Something that just occoured to me, is that US copyright laws may be completely different from international copyright laws as well. The Italian Zooppers may have more leeway than we do? Perhaps, just a thought. :) I personally can't risk the fines. I can't morally risk aiding in getting Zooppa itself in trouble with the law. Not worth it to "borrow" somone elses work to slap in project.
pixelthis
pixelthis

Posted on: Feb 03, 2009 09:06pm

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exactly! I have too much to lose... and I think italains may have more leeway for native intellectual property, but as far as stuff made in the US.. the FBI regulations span worldwide and are governed by the FBI and Interpol....
StolenCarrots
StolenCarrots

Posted on: Feb 04, 2009 11:14am

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This is a great topic!!! Personally, If I did not create it, pay for licensing or make sure it is public domain, I do not use it. Some hard fast and easy rules to follow. Remember copyright violation is grounds for disqualification. -Ed
cauthier
cauthierPro_badge_small

Posted on: Mar 06, 2009 02:46pm

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There’s a lot of copyright violations that are really obvious. It’s not like you really have to dig deep on many ads to see this. Is Zooppa going to do something about it? People are clearly violating the terms they agreed to when they check the box to submit their work, yet people have won many times over using material that is violating Zooppas terms and conditions. If Zooppa is going to be a force, it needs to take this more seriously imo. If Zooppa doesn’t take it seriously, how can they expect everyone else to?

pixelthis
pixelthis

Posted on: Mar 06, 2009 06:56pm

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Quote:
There’s a lot of copyright violations that are really obvious. It’s not like you really have to dig deep on many ads to see this. Is Zooppa going to do something about it? People are clearly violating the terms they agreed to when they check the box to submit their work, yet people have won many times over using material that is violating Zooppas terms and conditions. If Zooppa is going to be a force, it needs to take this more seriously imo. If Zooppa doesn’t take it seriously, how can they expect everyone else to?

I agree.. and I’ve asked this question many times… I did get a response back and ZOOPPA is trying to work on it…... We just have to wait a bit…. but don’t worry, our voices are being heard.. Right now… we just have to make kind statements to the members that violate copyright…... the US zooppa is earning a reputation for being careful about copyright – from member activity alone.. .....
If you see someone violating copyright, please let them know on the comments page… Just give them a friendly advisory and be as nice as you can about it..
cauthier
cauthierPro_badge_small

Posted on: Mar 06, 2009 07:15pm

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Great! Sounds like a plan :D

RedhandStudios
RedhandStudios

Posted on: Mar 07, 2009 01:43am

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I just got cornholed over copyright on Youtube. Is anyone interested in reading the Youtube copyright policy (specifically when getting reamed by Warner Music Group)? If so I can post the “niceities” here. :)
-Todd-

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