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Inspire 1 Drone Warkworth Castle, Northumberland and Newbiggin by the Sea

Discussion in 'Photos and Videos' started by Harry Nicholson, Sep 23, 2015.

  1. Harry Nicholson

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    Hi all, I'm in Newcastle Upon Tyne, went out the other day and took some footage of a castle near mine, its not great by any means, but I would appreciate any feedback please, i want to get better at this, i feel the fear of something going wrong IE: a flyaway hinders my productivity, but I'm getting more confident as the flights go by, I hope you enjoy this little video, edited in FCX, ONE+TWO USED FOR STATIC SHOTS
     
  2. Steven Powter

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    You have a music copyright infringement ..
     
  3. Harry Nicholson

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    monetized youtube?
     
  4. Steven Powter

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    No the track is not mine.... i am just another member like you... i was just telling you because the video would not play...
     
  5. unclejas

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    Fair use.
     
  6. InterMurph

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    This is not fair use.
     
  7. unclejas

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    Sure it is, and YouTube is allowing him to use it. You've uploaded video to YouTube before? They'll let you use anything most of the time under fair use. If your channel is monetized, then you'll have an issue.

    This is fair use plain and simple.
     
  8. InterMurph

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    The fact that YouTube allows it does not make it "fair use".

    "Fair use" is a legal term, with an enormous amount of law and case law behind it. Wikipedia says it allows for uses such as "commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.".

    Absent from that list is "I'm not making any money from it". That is not fair use.

    I'm not saying that you shouldn't use copyrighted music in your videos. I do it myself. I'm just saying that doing so is not a "fair use" exception to the US copyright laws.
     
  9. InterMurph

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  10. unclejas

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    Yup, and here ya go:

    1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

    Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Commercial uses are less likely to be considered fair, though it’s possible to monetize a video and still take advantage of the fair use defense


    He's not using it for commercial purposes. Are we done?
     
  11. InterMurph

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    "is for nonprofit educational purposes".

    Educational.

    At any rate, you shouldn't listen to me; listen to a copyright attorney.
     
  12. unclejas

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    No, we aren't huh?

    Your definition of educational in this context is skewed. His video with accompanying soundtrack is educational as well. The law doesn't mean a classroom or instructor required. I was educated watching and listening to the video and no money exchanged hands.
     
  13. InterMurph

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    Except that money was exchanged. Here is what I see when I watch it:
    An ad. Mercedes-Benz pays Google for that ad. Mr. Nicholson isn't getting paid, but somebody is.
     
  14. unclejas

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    Nicholson, you, and I didn't exchange money. Therefore, he is still protected. YouTube more than likely paid the record label and charged Mercedes for that little ad and they (YouTube) STILL made money. lol

    It's a win win situation and happens billions of times a day.

    If the copyright owner (most likely not the artist in this case) informs YouTube to take it down then they will comply. If they don't send a take down notice of their work then it's fair use until that time.
     
  15. Hercules_One

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    Well, I can´t see it in my country (chile) because of copyright
     
  16. Harry Nicholson

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    image.png Let's calm down everyone I am aware of this situation. Here is a screenshot from my YouTube account. It shows that it is blocked in some countries also that I cannot monitise the video, it is being monitised by the claimant.