kickhaltsforlife Posted July 2, 2013 Share Posted July 2, 2013 I've dealt with 4 copyright strikes, getting each of them rescinded by offering the related corps money. It's very difficult to tell which corps have what policies. Most corps don't care, but Vanguard cares about enforcing the license agreement they have with the publishers. Blue Devils is very controlling of videos on YouTube. They take down simple lot videos of the drumline if they want, which is why I don't offer any Blue Devils videos anymore. Also, you cannot get sued for what you post on YouTube. The only way you can is if you challenge a copyright claim, which they would then need to sue to get it removed again. Content ID doesn't count as a strike if I'm correct. Also, I donate to the related corps money that I earn from the ads. I try to strike a good balance, and my videos wouldn't exist without them. I hope they keep in mind that the videos wouldn't exist without me, either. I link to the dci ticket page in every video. I love your videos.. always great quality work! Keep it up... you are doing more work to promote the activity than DCI is... Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted July 2, 2013 Share Posted July 2, 2013 (edited) Someone can correct me if I'm wrong but believe if a copyright holder knows of a violation and does nothing then it hurts them in the future it they do try to stop one. And stopping could be a simple "knock it off" letter or in todays terms "Hey YT, remove it". Will have to dig up the book but Mad Magazine ran into this in the late 50s with the "Alfred E Neuman" face. They were sued big time by the copyright holder. The holder lost the case for 2 reasons IIRC: 1) There was use of the face by others before the copyright was taken out. 2) The holder knew of previous violations but did nothing until Mad because Mad (EC Comics) had enough $$$$ to make a lawsuit worth the effort. Edited July 2, 2013 by JimF-LowBari 1 Quote Link to comment Share on other sites More sharing options...
whitedawn Posted July 2, 2013 Share Posted July 2, 2013 Also, you cannot get sued for what you post on YouTube. The only way you can is if you challenge a copyright claim, which they would then need to sue to get it removed again. This is 100% inaccurate. When you upload a video to YouTube, you warrant that you hold the proper rights to share the video with the world. If you upload a video that you *know* you do not have the proper rights to, you've acted in bad faith, and you absolutely CAN be sued. Just like in the real world, in 99.9% of cases, the penalty for uploading such a video is a cease and desist letter (which here is in the form of a DMCA takedown from the copyright holder to YouTube). No copyright holder is going to sue you without warning, but that doesn't mean that they couldn't. Further, if a copyright holder sues YouTube, you agree to indemnify YouTube against any damages and legal bills that they encounter defending themselves against the claim. The real legal issue here is that bootleg videos violate contracts that DCI and the corps themselves have with composers and arrangers. I doubt very much that these composers and arrangers actually care about the use of their work appearing on YouTube, but DCI absolutely cannot take that chance. As far as civil claims go, copyright infringement has SERIOUS teeth and is very expensive. Enjoy your bootlegs while they are up. Accept that they could be gone in 30 seconds. 1 Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted July 2, 2013 Share Posted July 2, 2013 Just like in the real world, in 99.9% of cases, the penalty for uploading such a video is a cease and desist letter (which here is in the form of a DMCA takedown from the copyright holder to YouTube). No copyright holder is going to sue you without warning, but that doesn't mean that they couldn't. OK must have missed this somewhere... DMCA = ???? My guess is Digital Media Cease Action??? (Well that's the clean version ). 1 Quote Link to comment Share on other sites More sharing options...
DrumCorpsTube Posted July 2, 2013 Share Posted July 2, 2013 This is 100% inaccurate. When you upload a video to YouTube, you warrant that you hold the proper rights to share the video with the world. If you upload a video that you *know* you do not have the proper rights to, you've acted in bad faith, and you absolutely CAN be sued. Just like in the real world, in 99.9% of cases, the penalty for uploading such a video is a cease and desist letter (which here is in the form of a DMCA takedown from the copyright holder to YouTube). No copyright holder is going to sue you without warning, but that doesn't mean that they couldn't. Further, if a copyright holder sues YouTube, you agree to indemnify YouTube against any damages and legal bills that they encounter defending themselves against the claim. The real legal issue here is that bootleg videos violate contracts that DCI and the corps themselves have with composers and arrangers. I doubt very much that these composers and arrangers actually care about the use of their work appearing on YouTube, but DCI absolutely cannot take that chance. As far as civil claims go, copyright infringement has SERIOUS teeth and is very expensive. Enjoy your bootlegs while they are up. Accept that they could be gone in 30 seconds. Well, YouTube states that if you challenge a copyright takedown, they have to sue to get the video removed. I suppose it's true that they don't have to give you that warning, but chances, like you said, are very low. Too expensive to be feasible in most cases. Quote Link to comment Share on other sites More sharing options...
kickhaltsforlife Posted July 2, 2013 Share Posted July 2, 2013 I have a video tagged of me singing "This Is The Moment" from Jekyll and Hyde. My channel doesn't get a lot hits.. but the video has been gaining momentum in the past year. Last I checked ads now appear on the video.. guess I'm making someone money... because it surely wasn't me who put ads up on the video. I feel like that is a logical approach though... I didn't have permission to copy and perform the work.. but it seems like someone had the right mindset.. and instead of "take it down that's my property" it's.. "oh.. awesome that's my property! I'll make some extra money off of it!" But seriously.. I'm about tired of copyright law. It needs an overhaul. And composers need to self-publish.. have control of your own music. All these big corporations are great if you don't want to worry about it... but they are in it for the money.. not the enjoyment and advancement of music. You notice.. a lot of current band composers are all into publishing their own work. And with the technology of today.. it is pretty simple to do. 2 Quote Link to comment Share on other sites More sharing options...
DrumcorpsmademeaTuba Posted July 2, 2013 Share Posted July 2, 2013 OK must have missed this somewhere... DMCA = ???? My guess is Digital Media Cease Action??? (Well that's the clean version ). Digital Millenium Copyright Act Quote Link to comment Share on other sites More sharing options...
Slingerland Posted July 2, 2013 Share Posted July 2, 2013 (edited) As far as the legal considerations -- have you ever heard of licensing fees? DCI should have a boilerplate agreement setup for all drum corps who want to participate (so the drum corps don't have to burden themeselves with this). That is the ENTIRE REASON for an organization like DCI to exist. To ensure stuff like this is taken care of the correct way. The problem is that they are reluctant to do this because it eats too much profit. Why? Because their business model of selling DVDs doesn't make enough money! They are caught in their own catch-22. Everything you're saying is something they already do. DCI spent well into the six figures last year on clearing rights for the corps. My position is that they shouldn't, anymore than they should be funding everyone's guard costume choices out of the general fund. Individual corps should have responsibility for choosing music with affordable rights clearance, and making sure that they have all mechanical licenses in place before the season starts. If that means commissioning more original music or using two or three pieces of music rather than twelve, consider that a bonus. Edited July 2, 2013 by Slingerland Quote Link to comment Share on other sites More sharing options...
dannyboy Posted July 2, 2013 Author Share Posted July 2, 2013 Not exactly what you are looking for, but back in 2006 BOA was sued by Sparke, De Meij, Van Der Roost, Melillo and their publishers. Obviously the timing means that it wasn't likely due to a Youtube discovery. It was related to content on their Mr. Video products. But it was a very scary moment for BOA and others in the administrative levels of the activity (so ... WGI, DCI, as well.) I'm certain that this fear is a part what drives those Violation Reports today. Fascinating. 2006-ish? That is about the timeframe I asked Larry McCormick (Sharper Video Productions) about obtaining a copy of our 1980 MBA (BOA) video as our 30th Band Reunion approached. VHS tapes from the 80's were worthless -- oxide rubbed right off the tape. The videos for sale in recent years no longer went back that far, but I knew they had the master (two friends from HS went on to work for McCormick's). He told me it might take a while -- that there were some "issues" going on -- but promised to get to it eventually. Makes me wonder if related? I got my tape. It also came to light that the production crew had been testing everything during Prelims -- and a "does not exist" multi-cam video of our prelims performance surfaced. Golden. Quote Link to comment Share on other sites More sharing options...
FlamMan Posted July 2, 2013 Share Posted July 2, 2013 It may sound dumb and silly, but your problem, as you've outlined it above, is with US copyright law. Not with DCI. DCI is just covering all of their legal bases. If they don't make an effort, and something slips through, it could be a huge legal expense. It's too risky to NOT do what they currently do. You Tube contains millions of copyrighted videos by thousands of bands & singers. 1 Quote Link to comment Share on other sites More sharing options...
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