Use of copyrighted material

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Karl Wagner
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Use of copyrighted material

Post by Karl Wagner » Mon Nov 15, 2010 3:27 pm

One catch with YouTube is that they will mute your audio if your soundtrack matches copyrighted video;
Which begs the question, why would a Scout or Scout Leader be violating copyright and hence the Scout Law? I hope you have permission to use the audio.
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ayates
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Re: Kids Fairs and School Handouts

Post by ayates » Mon Nov 15, 2010 4:19 pm

Charitable organisations have much more freedom with respect to use of pre-recorded music than do for-profit organisations. To the best of my knowledge I am not breaking the copyright law.

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Karl Wagner
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Re: Kids Fairs and School Handouts

Post by Karl Wagner » Mon Nov 15, 2010 5:33 pm

This is a sore point for me. I operate a community theatre and am forever butting heads with people that think copyright doesn't apply to them for some reason or another. Guess what? They are wrong.

There is nothing in the Copyright Act that I can find that bestows any special latitude to charities. Lets assume, for sake of argument, there were such a clause. Can you produce anything that says Scouts Canada extended their charitable status to include your publication? Is there some other registered charity that did so?

Vimeo assumes you have secured all relevant rights. YouTube attempts to confirm this. So using Vimeo to get around the audit process of YouTube means you are violating both copyright and Vimeo's uploading guidelines. I will assume you confirmed that the youth or their parents permitted the use of their images.
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Re: Kids Fairs and School Handouts

Post by ldyment » Mon Nov 15, 2010 7:21 pm

I've never really thought of the copyright law but it makes sense. We've never done a YouTube post with audio but if we do I'll keep an eye out for free songs now :-)
The trade shows were what I really wanted to get across. I know a lot of people must do schools but the ballot for the free membership really boosted our numbers this year - I hadn't seen that idea on here yet. Hope someone can use it!

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Re: Kids Fairs and School Handouts

Post by dlincourt » Mon Nov 15, 2010 8:36 pm

Suggest folks have a look at this for background music for videos.

http://creativecommons.org/legalmusicforvideos

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Re: Kids Fairs and School Handouts

Post by ayates » Tue Nov 16, 2010 9:31 am

Karl Wagner wrote:I will assume you confirmed that the youth or their parents permitted the use of their images.
This is a sore point for me. People that believe the permission has to be obtained from people to use their images. Guess what? They are wrong. :)

No permission is needed, and asking for it just opens up a can of worms. The box on the back of the registration form is meaningless. You, or Scouts Canada, has no control over who might take photos of any person and implying so will just create issues. e.g You have a kid who ticked that box, so you don't take any photos of him. Then you take him to an area camp and some other leader takes a photo of him and puts it on their website. Who is going to police all the cameras at a Scout camp?

That being said, my parents love the slide shows and videos on YouTube. We had one kid who didn't want his photo taken, though his guardian didn't mind, so we just left him out when taking photos. It is generally pretty easy to compose a shot to exclude someone.

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Robert D White
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Re: Kids Fairs and School Handouts

Post by Robert D White » Tue Nov 16, 2010 4:36 pm

Karl Wagner wrote:There is nothing in the Copyright Act that I can find that bestows any special latitude to charities.
The only thing that applies is the "fair use" component of the copyright law. But trying to figure that out to make sure you aren't breaching the law is complex. I'd recommend you either use "public domain" material, compose your own stuff or go without.

I will assume you confirmed that the youth or their parents permitted the use of their images.
The box on the registration form is useless as far as I'm concerned. When Scouting Life holds it's annual photo contest you still have to submit photo release forms whether or not the person has checked off the registration box or not.

There is one area where this may not apply. If you are at a public and/or multi-group event (e.g., Kub Kar Rally, area-wide event) and there is an official photographer - someone assigned by Scouts Canada personnel - they are free to take photos and use them in accordance with Scouting policy. In this situation, the youth and parents must be made to understand that there will be no expectation of privacy. Especially in group setting, it's too difficult for a photographer to keep from photographing someone who doesn't want to be photographed.

As long as I identify myself as a journalist when I'm both taking the photo and seeking names to identify people in photos (and often not if I've taken a crowd shot), at a public event the expectation of privacy is nullified. I have only faced a situation, once or twice, when I have been told not to take photos of certain people - and the once was when I was assigned a story about a women's shelter.
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dlincourt
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Re: Use of copyrighted material

Post by dlincourt » Wed Nov 17, 2010 6:17 am

While I am not a lawyer or pretend to be one, I use this website to guide me around photography law.

http://ambientlight.ca/laws.php

Highly recommended.

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