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Showing other people's images and videos in my podcast?

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stan welksShowing other people's images and videos in my podcast?
by on Oct 1, 2009 at 7:42:29 pm

I would like to create a podcast that will review products, software, websites, etc.

1.) Can I take screen captures/screen recordings of websites and use them in my video podcast without getting permission?

2.) Can I show portions of other people's videos that are publicly available on the web through sites like Youtube without getting permission?

Thanks.



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Mike CohenRe: Showing other people's images and videos in my podcast?
by on Oct 1, 2009 at 9:22:21 pm

In general, if you need to ask, then the answer is either "no" or "maybe" but rarely "yes."

If, for example, Creative Cow prints a picture of a product in their magazine or website, chances are high that the picture was obtained from the company.

If you want to do a video showing you reviewing a product, and you have the item in hand, then probably it is ok. But if you are using piuctures from the internet that you do not have the rights to use, then probably the answer is no.

But once you get into IP, all bets are off.

And if you are doing a podcast to try to make money, then you definitely don't want to be using other peoples' property without their permission.

Not sure what YouTube's rules are. I know you can download and edit and re-post videos, and plenty of YouTube vids are shown on television and the news, but you'd better dive into YouTube's website.

The fact that you thought to ask about this rather than just doing it shows that you are acknowledging the fact that the works of others are in fact not yours to use as you like. So you are starting off on the right foot.

Mike Cohen


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stan welksRe: Showing other people's images and videos in my podcast?
by on Oct 1, 2009 at 10:08:09 pm

Hi Mike,

The idea I have for my podcast is to review stuff on a relevant stuff on a weekly basis and I just do not see how it would be possible to contact websites and companies like Youtube and get timely enough responses to receive permission to do something like this. Not suggesting I am just going to break the law because of the inconvenience, I am just hoping to get a better idea of how others do it.

i have spent a lot of time on iTunes going through their podcast directory and there are lots of podcasts that are doing exactly the same thing that I am trying to do (showing other people products and websites and videos). I understand that they too may not be completely complying with the law. Some of the podcasts are obviously small productions produced by one person while other are much larger and from companies like Revision 3.



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David Roth WeissRe: Showing other people's images and videos in my podcast?
by on Oct 1, 2009 at 10:16:57 pm

There isn't a site anywhere that doesn't show stuff right off YouTube, and the embed code is right there for the using. Do you best to give credit where credit is do and you'll already be doing better than most. If you're purpose is to provide a commentary or critique about the material even better, that's what legitimate fair use is really all about.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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Tim WilsonRe: Showing other people's images and videos in my podcast?
by on Oct 1, 2009 at 11:52:20 pm

[David Roth Weiss] "If you're purpose is to provide a commentary or critique about the material even better, that's what legitimate fair use is really all about."

There are times when I feel like the words Fair Use should be banned from the site. The concept is poorly understood, and mostly used as an excuse when people don't want to do the right thing.

So what a refreshing change to see, just as DRW notes, a genuinely, absolutely appropriate use!

From our good friends at the US Copyright Office:

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations[....]


Worth noting that even the Copyright Office says not to take their word for it, though. The copyright holder may well have the last word.

Anyway, as DRW also points out, there are precious few limits to what anybody can do with YouTube videos, short of actual resale -- keep that in mind before you post your stuff to YouTube, kids.

(BTW, YouTube DOES reserve the right to resell your work with no compensation to you. Better to post on the Cow, seriously.)

An individual website can be a trickier. Even in the case of scholarly fair use, these are commercial works, or personal in ways that don't necessarily make the owner a public figure - therefore not subject to the same liberties as a video of a kid smacking his dad in the nards with a whiffle bat. Best to tread more lightly. Especially after your kid has smacked you in the nards with a whiffle bat.

But I gotta tell you, the sun is shining a little brighter in my world just because we're talking about ACTUAL fair use....



Tim Wilson
Creative Cow Magazine!

My Blog: "Is this thing on? Oh it's on!"

Don't forget to rate your favorite posts!


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David Roth WeissRe: Showing other people's images and videos in my podcast?
by on Oct 2, 2009 at 12:38:36 am

[Tim Wilson] "But I gotta tell you, the sun is shining a little brighter in my world just because we're talking about ACTUAL fair use....
"


"Sunshine on my shoulders makes me happy..." - John Denver

Thanks for noticing Tim.

And I'm with you all the way -- legitimate fair use is not about finding loopholes that allow people to steal, but it seems that's exactly what the majority of people who ask about it would like it to be.


David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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Tim WilsonRe: Showing other people's images and videos in my podcast?
by on Oct 2, 2009 at 3:14:13 am

[David Roth Weiss] ""Sunshine on my shoulders makes me happy..." - John Denver"


Turns out I'm a huge fan of his early 70s stuff. Side two of Rocky Mountain High is a strong contender for number two side two of all time.

(Abbey Road is the all time number one side two, and will be until the sun goes nova. Take it to the bank. Tell 'em yer pal Timmy sent ya. And hey, I might give the number two side two to Born to Run, but the point being, I wouldn't put Rocky Mountain High any lower than number three side two.)

It's easy to forget now, but it's not easy to overstate how big he was at the time. Just one example, his 1975 Christmas special had over 60 million viewers, around 3/4 of the audience of the Super Bowl a few weeks later.

Of course, anything that big can get unwieldy. Also from 1975, re: sunshine. I know that this risks permanent burn-in on your retina (sorry about that), keep watching, and play Name That Cheesy Video Effect!








But seriously. Rocky Mountain High, kids. Check it out.




And here's the fifth song in the remarkable Seasons Suite, from the aforementioned possibly number two side two.




Sorry again about that retinal burn-in thing.

Tim Wilson
Creative Cow Magazine!

My Blog: "Is this thing on? Oh it's on!"

Don't forget to rate your favorite posts!


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Scott CarnegieRe: Showing other people's images and videos in my podcast?
by on Oct 5, 2009 at 2:01:15 pm

"There are times when I feel like the words Fair Use should be banned from the site."

Critique, commentary, review and satire are all legit aspects of Fair Use.



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Tim WilsonRe: Showing other people's images and videos in my podcast?
by on Oct 5, 2009 at 2:54:35 pm

[Scott Carnegie] "Critique, commentary, review and satire are all legit aspects of Fair Use."

Yes, agreed, hence my delight that this was a post about ACTUAL fair use.

(It's worth noting, though, that while satire is covered, parody is typically not.)

If you search the term through the site, though, the number of people with genuine concern for doing the right thing (even if they ask about something that turns out not to be fair use) is outnumbered by people looking for permission to cut corners.


tw


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David Roth WeissRe: Showing other people's images and videos in my podcast?
by on Oct 5, 2009 at 4:29:46 pm

[Tim Wilson] "If you search the term through the site, though, the number of people with genuine concern for doing the right thing (even if they ask about something that turns out not to be fair use) is outnumbered by people looking for permission to cut corners. "

And, describing it as "permission to cut corners" is way nice, but since were all Cows (or Bozos) on this bus, I was probably a tad harsh in my earlier post.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.


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