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Acoustic Performance
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gj Michelob
Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco
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 RE: Acoustic Performance (in reply to rombsix)
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quote:
If a song is copyrighted, and I make a video of myself playing and singing this song, does that qualify as copyright infringement?
First of all congratulations, Rombsix, on your graduation. Your newly acquired title adds handsomely to the international group of physicians posting on the forum.
Second, while I too enjoy using my flamenco guitar to play some “pop” music, I find it well fit for arpeggios and finger-picking. For the kind of strumming (albeit enjoyable) that you use it for, perhaps a steel string guitar could reward you with a more proper sound.
Third, the Infringement:
Generally, a copyright infringement occurs when a copyrighted work is reproduced, performed or made into a derivative work without the permission of the copyright owner.
The issue is whether one has the copyright owner's permission, which I presume you do not.
Publishing the original work (say a video or sound) without permission and particularly if (i) for profit or (ii) commercial exploitation (as soundtrack to an advertisement, for example) would entitle the copyright owner to seek an injunction to restrain any further infringement and to pecuniary damages.
However, in this situation, of a couple of newly commissioned physicians singing and strumming along a few songs at a graduation party for an intimate crowd of friends and family, the infringement amounts to a “de minimis” (in terms of damages) which “lex non curat” [too little for the Law to care].
Publication of the video on YouTube may, however, require that licensing fees (royalties) be paid to the Copyright Office Licensing Division (as radio stations do) and/or to striking the video, by YouTube.
However yet, I would not worry, because I presume your performance was not compensated nor the guests paid any fee–and with all due respect, if anyone did, you should refund the value… 
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gj Michelob
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Date Jul. 22 2010 16:33:05
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rombsix
Posts: 7894
Joined: Jan. 11 2006
From: Beirut, Lebanon
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RE: Acoustic Performance (in reply to gj Michelob)
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Gj:
Thanks for the elaborate reply. I agree, a steel-string would probably sound better for strumming. I just don't have the money for one at the moment, plus, I don't intend on playing with a pick in general (nor with my nails on a steel-string). So, I don't think I'll be getting one soon...
What do you think about the fact that YouTube says I don't need to actually take any action (like removing the video), and that the video will still be viewable worldwide, although some ads may appear next to it? Do you think that's just a polite way of telling me to take down the video?
About fees: we didn't charge any money for performing, of course. But were you referring to me refunding said fee (had it been collected) because it would make things illegal had I charged one to begin with, or because you thought our performance sucked to such a horrid extent that we should have even PAID the folks to listen? Be it the latter, then I'll have to stand firm saying that it was not that bad (seeing that we only rehearsed three times, etc.).
Simon:
Thanks mate! Physicians are generally always afraid of "the courts," and anything medico-legal in general. Wouldn't mind having you get some MR or CT images for me, and Gj making sure we don't infringe any laws in the process.
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Ramzi
http://www.youtube.com/rombsix
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Date Jul. 22 2010 18:32:18
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gj Michelob
Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco
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RE: Acoustic Performance (in reply to rombsix)
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quote:
What do you think about the fact that YouTube says I don't need to actually take any action (like removing the video), and that the video will still be viewable worldwide, although some ads may appear next to it? Do you think that's just a polite way of telling me to take down the video?
Rombsix, you have so many videos on your YouTube channel, many are covers of copyrighted songs or some play-along. If you were to take such action, you would be left only with a few flamenco falsetas (my favorite part of your channel, really). Do not worry, let YouTube tell you what to do when it will be necessary (typically a complaint by Pink Floyd’s management).
quote:
About fees: we didn't charge any money for performing, of course. But were you referring to me refunding said fee (had it been collected) because it would make things illegal had I charged one to begin with, or because you thought our performance sucked to such a horrid extent that we should have even PAID the folks to listen? Be it the latter, then I'll have to stand firm saying that it was not that bad (seeing that we only rehearsed three times, etc.).
I was teasing you, Rombsix, and obviously a quick witted gentleman, you saw the split meaning of my advice, one of possible grave legal concern, the other implying censure of your performance. I like how passionate you are about music and how unashamedly public you are about all that you play. Not a reproach, believe me, I somehow envy your uninhibited desire to share your music and performance …. I used to be the same way…. Then I suppose I turned “old” !!
However, I am still planning to post a few videos as well if August proves as quiet as it traditionally is.
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gj Michelob
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Date Jul. 22 2010 18:56:04
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rombsix
Posts: 7894
Joined: Jan. 11 2006
From: Beirut, Lebanon
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RE: Acoustic Performance (in reply to Ron.M)
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Ron:
Unfortunately, I don't make any money yet. Thus, I can't be of any use in terms of making donations to the foro. As for the title of "doctor," I've officially earned it now. However, in the medical ranks, I'm still an intern. I will need to become a resident, then a fellow, then an attending. And if I choose to pursue a PhD, then that's a totally different ballgame (with academic ranks like assistant professor, associate professor, etc.). 
Gj:
You're totally right about my YouTube channel having lots of content that shouldn't be up there. I'm glad you like the flamenco bits (I do too, the most). However, it's a shame that all the people ask for is Arabic song covers. I made the mistake once of posting a couple of songs for the purpose of getting my Arabic Pop band members to learn the chords of the songs, and then viewers saw the videos, started making requests, and I was trapped. I'm going to take down only videos that YouTube tells me to take down.
And about being too "trigger-happy" when it comes to posting videos: I just like to get stuff out there in the hopes of helping others learn some chords to a couple of songs they like to sing, or get inspired by some nifty falsetas from here and there. It's all out of good intentions. I believe the saying goes, however, that "the road to hell is paved with good intentions." Or is that a saying of my creation?
Looking forward to your videos...
_____________________________
Ramzi
http://www.youtube.com/rombsix
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Date Jul. 22 2010 20:16:57
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Congrats Rombsix. 
