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Youtube Policy needs to GO AWAY!


SCVsopAaron

Youtube Ban  

58 members have voted

  1. 1. Are you in favor of banning youtube links on DCP?

    • Yes
      19
    • No
      39


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If we continue to allow hosting of links to illegal copies of copyrighted works, we can be held liable for helping to distribute it. You might not think so, but there are plenty of lawyers out there more than ready to make that case.

dcp's youtube policy is absurd, antiquated, and (i would argue) legally misinformed. the trademark holder's claim is against youtube, not dcp. if somebody rips a dci dvd and puts it on youtube, then dci, the arranger, and the composer all have claims against youtube.

to argue that linking or embedding arguably infringing material subjects dcp to some sort of liability is just wrong. section 512 of the dmca seems to exculpate websites from this trouble since it provides safe harbor to youtube.

but hey... what do i know?

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oh, and while i'm at it, dcp's video policy one the world class forum cites 17 usc 105...

that section says

Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.

which means "things made by the government do not get copyright protection, but a copyright stays good if somebody gives it to the government."

WTF dcp?

you could at least cite something on point, right?

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and when DCP gets shut down for doing it, we could say we all told you so, but we wont have DCP anymore.

better safe than sorry in this litigious age.

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Yet you host forums on a site that does so, with the leading ad being for GayChubbyDating.com.

:whip:

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There are a number of reasons that we specifically prohibit links to transcriptions/recordings of drum corps music and videos, other than those placed on a corps' or DCI/DCA page, on this site. Two of those reasons are:

1) We have been specifically asked by Drum Corps International, Drum Corps Associates, and several corps to remove links to their materials - claiming that the materials referenced infringe on their copyrights and the rights of the composers and arrangers. While we are certainly independent from these organizations, we do try to support their activities and accommodate their requests, when possible (and reasonable).

2) Copyright and intellectual property rights law is a complex issue and in our particular activity, there are a number of parties involved - the original composer, one or more arrangers, the artists ... and then the party(ies) that own the mechanical and synchronization rights. While there are differing opinions and positions amongst everyone from lay people to legal scholars on the issue, the bottom line is that the attorney that I trust to advise me on these issues (and on whose E&O insurance I rely) has advised that the best route is to not permit the links - especially since we've specifically been asked by people that may/do have claim to copyrights and other IP rights in the materials.

Given those two reasons, all other reasons/justifications/rationalizations on either side of the argument are moot. We're going to continue our policy as-is. If the organizations change their position or the law changes and provides 'universal access' to copyrighted material - we'll revisit our policy.

We currently have no prohibition against links to other (non drum corps) material published on YouTube and other media outlets.

There are plenty of ways for anyone to gain access to this material, from any number of sources. If you'd like to do that, you're certainly welcome to. We have simply decided that we won't be enabling that.

Hope that helps clear things up.

-john

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I'm afraid I do. If we continue to allow hosting of links to illegal copies of copyrighted works, we can be held liable for helping to distribute it. You might not think so, but there are plenty of lawyers out there more than ready to make that case. There's absolutely no reason to expose us to a lawsuit even if we could win it; it's better and simpler on our part to simply comply with the requests made.

I'm afraid you don't, and it's not a question of what I think ... My comments are based on current legal opinions from "a lot of lawyers" paid for giving same. In my business staying on top of IP law issues and current opinions on things like fair use is a requisite.

You're a bit out of your depth here.

Edited by DCIHasBeen
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There are a number of reasons that we specifically prohibit links to transcriptions/recordings of drum corps music and videos, other than those placed on a corps' or DCI/DCA page, on this site. Two of those reasons are:

1) We have been specifically asked by Drum Corps International, Drum Corps Associates, and several corps to remove links to their materials - claiming that the materials referenced infringe on their copyrights and the rights of the composers and arrangers. While we are certainly independent from these organizations, we do try to support their activities and accommodate their requests, when possible (and reasonable).

2) Copyright and intellectual property rights law is a complex issue and in our particular activity, there are a number of parties involved - the original composer, one or more arrangers, the artists ... and then the party(ies) that own the mechanical and synchronization rights. While there are differing opinions and positions amongst everyone from lay people to legal scholars on the issue, the bottom line is that the attorney that I trust to advise me on these issues (and on whose E&O insurance I rely) has advised that the best route is to not permit the links - especially since we've specifically been asked by people that may/do have claim to copyrights and other IP rights in the materials.

Given those two reasons, all other reasons/justifications/rationalizations on either side of the argument are moot. We're going to continue our policy as-is. If the organizations change their position or the law changes and provides 'universal access' to copyrighted material - we'll revisit our policy.

We currently have no prohibition against links to other (non drum corps) material published on YouTube and other media outlets.

There are plenty of ways for anyone to gain access to this material, from any number of sources. If you'd like to do that, you're certainly welcome to. We have simply decided that we won't be enabling that.

Hope that helps clear things up.

-john

That makes 100% sense. Except where it doesn't make sense, which is in points #1 and #2.

If DCI isn't going to up the coin to get their lawyers to enforce their copyrights and protect their IP, that's their problem.

Likewise, DCI is not responsible for someone bootlegging their IP and putting it on YouTube ... If the music publishers want to enforce their rights, it's incumbent upon them to pursue the matter with YouTube, not DCI.

As for your statement that the attorney advised that the "best route" is not to allow the display, is that the best route, or merely the path of least resistance? Is it what serves the community the best, or is it just what is most expedient?

Sorry, John, but not being up-to-date in current business standards and practices regarding new media publishing is showing in this thought process. I'll agree with Whitedawn, and say your policies are completely outdated.

You are in a customer-service oriented business, the sooner you understand who your customer is, and start serving their needs to the best of your ability, the sooner that DCP will start to embrace its potential.

Edited by DCIHasBeen
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We are speaking about drum corps videos, not videos in general.

Ah, different point. Yes, that's could be problematic for someone, but it's not DCP's problem.

It's up to the owner of the copyright to prevent infringement and protect their IP. Saying that it is incumbent upon DCP to do so sounds akin to DCI saying that they find themselves dependent on the kindness of strangers for enforcing their copyrights.

This isn't "A Streetcar Named Desire" and DCI isn't Blanche DuBois.

The only way to protect your IP is to aggressively pursue and prosecute those who infringe upon it. Judging by the amount of bootlegged material out there, they aren't being very proactive about pursuing this.

Edited by DCIHasBeen
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Yet you host forums on a site that does so, with the leading ad being for GayChubbyDating.com.

I don't know what you are getting at, but ultimately it just sounds homophobic.

Don't gay chubby guys need lovin' too? Is it wrong if some agency wants to help them find it?

What does this have to do with DCP's YouTube policy?

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There are a number of reasons that we specifically prohibit links to transcriptions/recordings of drum corps music and videos, other than those placed on a corps' or DCI/DCA page, on this site. Two of those reasons are:

1) We have been specifically asked by Drum Corps International, Drum Corps Associates, and several corps to remove links to their materials - claiming that the materials referenced infringe on their copyrights and the rights of the composers and arrangers. While we are certainly independent from these organizations, we do try to support their activities and accommodate their requests, when possible (and reasonable).

2) Copyright and intellectual property rights law is a complex issue and in our particular activity, there are a number of parties involved - the original composer, one or more arrangers, the artists ... and then the party(ies) that own the mechanical and synchronization rights. While there are differing opinions and positions amongst everyone from lay people to legal scholars on the issue, the bottom line is that the attorney that I trust to advise me on these issues (and on whose E&O insurance I rely) has advised that the best route is to not permit the links - especially since we've specifically been asked by people that may/do have claim to copyrights and other IP rights in the materials.

Given those two reasons, all other reasons/justifications/rationalizations on either side of the argument are moot. We're going to continue our policy as-is. If the organizations change their position or the law changes and provides 'universal access' to copyrighted material - we'll revisit our policy.

We currently have no prohibition against links to other (non drum corps) material published on YouTube and other media outlets.

There are plenty of ways for anyone to gain access to this material, from any number of sources. If you'd like to do that, you're certainly welcome to. We have simply decided that we won't be enabling that.

Hope that helps clear things up.

-john

John....as the OWNER of DCP...has spoken...it's his site...his rules...end of discussion.

Don't like it....as they say in Old Soviet Union....toughki ####ski....go to YouTube all you want and put in your own search parameters....period, stop, end of discussion.

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