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Thread: videos and other content with music

  1. #1
    Administrator ricktas's Avatar
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    videos and other content with music

    Please be aware that if you are going to post videos onto AP, such that the video can be played within the AP page, and your video contains music, you need to show that you have permission to use that music.

    Licenses to use music are available here : http://www.apra-amcos.com.au

    Note that some music is 'free' and the author of the music allows it to be used, this post does not apply to these instances. If this is the case, then often it will require something within the video that states the music is used with permission.

    Members are welcome to post links to videos hosted elsewhere, as it then does not become my problem (ie I do not have to deal with copyright breaches). But do not link the videos into AP so that they play within an AP page, unless you have the relevant license for the music tracks embedded within your video(s), whether that licence is paid for or used under a creative commons licence.

    thanks.
    Last edited by ricktas; 18-09-2012 at 10:03am.
    "It is one thing to make a picture of what a person looks like, it is another thing to make a portrait of who they are" - Paul Caponigro

    Constructive Critique of my photographs is always appreciated
    Nikon, etc!

    RICK
    My Photography

  2. #2
    Ausphotography Veteran
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    I'm intrigued.

    How does in-line linking of copyrighted material hosted elsewhere make you (as a site owner) liable?

    If the law makes site owners liable under copyright law for in-line linking to content hosted elsewhere, then just about every blog and social media site owner would theoretically be liable.

    One would think that under law, the original publisher would be liable.

  3. #3
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    I contacted my lawyers about this one. Their reply:

    Works created by Linking-In Images/video Found on Other Sites. When the image/video from another web site is incorporated into one's own page by means of an IMG/VIDEO link, there is no direct copying by the creator of the link. Nonetheless, when the visiting browser retrieves the image/video from the other web site and combines it with the text on the current page, the creator of the web site (you, Ricki) may be guilty of contributory copyright infringement for creating a derivative work. Consequently, one should not include links to images/video on another party's web site where copyright may be breached without first getting permission. The best practice would be to include only a link to the content on the other site, whereby your members would need to click that link to view the content.

    If any linked image/video contains information that shows it is linked from another site, for example, the YouTube box that appears below embedded video, you should be able to allow that content. Inclusion of the linking details within the video should be sufficient to show viewers that the content is not stored on your site/server. Thus any request for removal should be directed to the hosting site, YouTube in this example.

    From this, it seems members are able to post linked videos that display inside AP as long as the embedded video clearly shows that it is being linked, as the Vimeo and YouTube ones do.

    So to clarify this thread, as long as you link your images/video in (with details of where they are linking from), it is not Ausphotography's (thus my) problem.

    Be aware that someone may still contact YouTube/Vimeo etc regarding your video, and seek to have it removed from there, if you are using music without a license. Although it may not be commercial, you are publicly broadcasting the music without the relevant permission from the artist/creator
    Last edited by ricktas; 18-09-2012 at 12:05pm.

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    Thanks for the futher explanation.

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