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Discussion Forum : General Topics : Sermon Compilations: Copyright infrigement

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 Re:

Quote:
If a video is showing tv shows or clips of movies or has copyrighted background music, it is illegal.)



You are ABSOLUTELY incorrect. Have you researched the United States copyright laws? I am not a legal expert but I do handle the copyrights and patents for my company and have reviewed the fair use excepetion.

In Christ - Jim


[edit: I think this post sounded harsh, didn't mean it that way brother Nile, God bless you - Jim]

 2007/8/16 9:46









 Re:

TITLE 17 > CHAPTER 1 > § 107Prev | Next § 107.

Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

[url=http://www.law.cornell.edu/uscode/17/107.shtml]Cornell law library[/url]

Lets educate ourselves before we pick up our pitchforks and torches.

In Christ - Jim

 2007/8/16 9:53
Nile
Member



Joined: 2007/3/28
Posts: 403
Raleigh, NC

 Re:

Quote:

jimdied2sin wrote:
TITLE 17 > CHAPTER 1 > § 107Prev | Next § 107.

Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

[url=http://www.law.cornell.edu/uscode/17/107.shtml]Cornell law library[/url]

Lets educate ourselves before we pick up our pitchforks and torches.

In Christ - Jim



None of these things apply to over 95% of YouTube videos.

You might want to re-read what you posted and consider what type of videos are on YouTube.

There is a reason YouTube has faced multi-million dollar copyright infringement lawsuits.


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Matthew Miskiewicz

 2007/8/16 12:37Profile









 Re:

Quote:
You might want to re-read what you posted and consider what type of videos are on YouTube.



Actually I was responding to your comment here

Quote:
If a video is showing tv shows or [b]clips[/b] of movies or has copyrighted background music, it is illegal.




Using clips is not illegal, that is all I was saying. All I watch on youtube are open air preaching videos and sermon clips so I dont know about the rest that is shown.

In Christ - Jim

 2007/8/16 13:06
jordanamo
Member



Joined: 2006/11/23
Posts: 397


 Re:

http://en.wikipedia.org/wiki/Fair_use#Fair_use_under_United_States_law

Read that before you continue your discussion.

 2007/8/16 14:12Profile









 Re:

Sorry bro, I try not to take medical or legal advice from wiki...

In Christ - Jim

 2007/8/16 14:34
blinx
Member



Joined: 2006/10/10
Posts: 57
Oeiras, Portugal

 Re:

I was talking about the background music, although, if a sermon is copyrighted, the same applies.

If we only use a small amount of the copyrighted work, and it is for non-profit and educational purposes I think it's considered Fair Use (we should do the fair use test to be sure).

On several sermon compilations, the authors use entire songs on them, not small amounts. That's not considered Fair Use (do the test), thus requiring permission.

Don't get me wrong: I think sermon compilations are very important and useful. But if it infringes copyright shouldn't we either get permission or take it out? Or even change it in order to respect copyright(for example, changing the background music)?. I agree with what a brother here said: we christians should be beyond reproach.

I think that even if the compilation is very good and helping many people to wake up, we shouldn't use it. Why? Because it's better to obey than to sacrifice.

Example: (God says we should obey the laws of men)
A church doesn't pay taxes in order to have more money to make an evangelistic cruzade. People are going to hell. Is it okay anyway? I don't think so. It's better to obey God than to sacrifice.

[b]I think we should encourage people (like, make a sticky thread or something) who are thinking of making comps to respect copyright because it's against the law. And they cause other people conscience problems. [/b]

I think we should have copyright in mind when we're making comps. I hope we can verify what compilations should or shouldn't be here. Because, as far as I am concerned, I cannot, in my good conscience, download compilations that infringe copyright.

Brother Jim: Sincerely and respectfully, I disagree with you about christian songs and articles being property of God. Because, although articles, sermons and songs can sometimes be inspired by the Holy Ghost they are man-made. I mean, the author isn't God. An article or a sermon is a human interpretation of the Word of God and it can be wrong. I know, idealistically, it may seem like that, but reality is different, in my opinion. Of course, sermons shouldn't be copyrighted, nor songs, nor articles, nor nothing! They should be free ("Freely you have received, freely give"). (Note: I don't include prophecy in this. If a prophet speaks a revelation from God, it sure isn't copyrighted)

(Brother Jim, I say this in love, 'cause I know sometimes when someone disagrees with us, we can get all defensive (I speak from experience) and the debate gets all fired up. I used to like that, now I hate it. I want to change, so I tried to speak as 'in love' as possible.)


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João Tiago

 2007/8/16 14:35Profile
sermonindex
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Posts: 37048
"Pilgrim and Sojourner." - 1 Peter 2:11

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 Re:

Quote:
I think we should encourage people (like, make a sticky thread or something) who are thinking of making comps to respect copyright because it's against the law. And they cause other people conscience problems.


I have already almost a year back felt the Lord lead me to take down some of the obvious compilations that have secular music behind them and also "not" to add any others that have that type of music. As for the revival hymn, I do believe it is under fair use laws as a non-commercial, for personal use compilation.


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SI Moderator - Greg Gordon

 2007/8/16 14:45Profile
MSeaman
Member



Joined: 2005/4/19
Posts: 772
Michigan

 Re:

You'd be better off to look here for information:
[url=www.copyright.gov]U S Copyright Law[/url]

If you feel that some compilations are infringing on copyright laws, don't listen to them. I'm sure Greg takes much prayerful care of what he puts on this website.


_________________
Melissa

 2007/8/16 14:47Profile









 Re:

Quote:
On several sermon compilations, the authors use entire songs on them, not small amounts. That's not considered Fair Use (do the test), thus requiring permission.



blinx.. I agree that we should not use secular media that extends beyond fair use such as using entire secular songs that are copyright protected. That is a valid point that all comp makers should pray about. Chrisitan music, sermons and articles are owned by God, I care not what man says, though again I would comply with a "christian" artist who wanted a royalty for a work by removing their music and treating them as greedy heathen according 1 Corinthians 5.

As far as preaching clips, they fall well within the fair use excepetion, so I dont see how anyone could have a problem with that. Even if the sermon is copyright protected, the clips are fair use in comps.

For background music lately I have been using freely distributed (not copyright) techno and instrumental music, along with clips of worship music that IS copyright protected. I did use a clip of a secular song once before in a comp and I feel no need to change it, though I would not do this again for many other reasons.

In Christ - Jim





 2007/8/16 14:59





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