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DDKaraokeOutlaw
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Posted: Tue Sep 17, 2013 1:13 pm |
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Joined: Tue Sep 17, 2013 11:30 am Posts: 28 Been Liked: 5 times
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I just wanted to know some of the thoughts that members have own "Homemade Karaoke". I have made over 60 karaoke videos for the last year and a half. I've searched for images on Google, went to various sites (karaoke-version, amazon, etc.) to purchase the karaoke instrumentals and made them all by myself in WLMM. I posted them on you tube (for which I have an account) and now I am having videos blocked or removed because of copyright infringement. Should I be penalized even though I, refrained from monetizing the infringing video, purchased the content (karaoke songs), recorded the content myself and stated that "No copyright infringement is intended". Should I be penalized for this or should others such as the sites I purchased the karaoke songs be penalized as well. I'm not out to "Infringe on anybody", I am out to make videos that people enjoy (such as hard to find karaoke videos) and ones that have been requested.
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Lonman
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Posted: Tue Sep 17, 2013 1:26 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Doesn't matter if you are making money or not you are in a sense supplying unlicensed material for distribution.
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Cueball
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Posted: Tue Sep 17, 2013 3:29 pm |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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DDKaraokeOutlaw wrote: I posted them on you tube (for which I have an account) and now I am having videos blocked or removed because of copyright infringement. Should I be penalized even though I, refrained from monetizing the infringing video, purchased the content (karaoke songs), recorded the content myself and stated that "No copyright infringement is intended". You're posting those videos on a public site (for all to see), and no matter what you may have written to absolve yourself of originally creating it, doesn't prevent others from taking and using it for their own means. No copyright or infringement was meant by you, but that doesn't stop others from using your homemade (unlicensed) video reproductions for their own profit (ie: a KJ now using that video at his/her show (where they are getting paid)).
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JoeChartreuse
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Posted: Tue Sep 17, 2013 11:59 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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I would add that despite the "homemade" description, they are not. You are using others' musical compositions ( not creating your own) and images from the internet created by others ( not created by you). Not really homemade, but rather a compilation of others' creations. Sorry, but I can see the removal for the reasons stated as being valid- unless you can obtain permission for the usage of all music tracks and images from each and every owner/creator/publisher. Wish I had better news for you...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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DDKaraokeOutlaw
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Posted: Wed Sep 18, 2013 8:50 am |
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Joined: Tue Sep 17, 2013 11:30 am Posts: 28 Been Liked: 5 times
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This is in response to JoeCharteuse reply. If it's not "Home Made" karaoke what would you call it. Sure, I may used have an image in the video and paid for the instrumental but I made all of the video myself. I looked up all of the lyrics and matched them to the original song. I listened to the original song to see where the lyrics come in and typed all the lyrics in myself. It took me lots of hours to make these videos unlike some postings on you tube where they have taken a Sound Choice or another manufacture's video, chopped off the front title page and the end page then made up their own and passed it off as being theirs.
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JimHarrington
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Posted: Wed Sep 18, 2013 9:02 am |
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Extreme Poster |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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DDKaraokeOutlaw wrote: This is in response to JoeCharteuse reply. If it's not "Home Made" karaoke what would you call it. Sure, I may used have an image in the video and paid for the instrumental but I made all of the video myself. I looked up all of the lyrics and matched them to the original song. I listened to the original song to see where the lyrics come in and typed all the lyrics in myself. It took me lots of hours to make these videos unlike some postings on you tube where they have taken a Sound Choice or another manufacture's video, chopped off the front title page and the end page then made up their own and passed it off as being theirs. You may have paid for a copy of the sound recording, but you don't seem to have paid for the right to make an audiovisual work out of the music, or to make copies of the music. That requires a license from the music publisher--and probably from the company that made the sound recording. It really doesn't matter how many hours you spent making the videos if you don't have the necessary permissions.
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MrBoo
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Posted: Wed Sep 18, 2013 10:35 am |
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Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
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So what's the interest in putting them out on YouTube?
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JoeChartreuse
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Posted: Wed Sep 18, 2013 11:34 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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DDKaraokeOutlaw wrote: This is in response to JoeCharteuse reply.
1) If it's not "Home Made" karaoke what would you call it.
Sure, I may used have an image in the video and paid for the instrumental but I made all of the video myself. I looked up all of the lyrics and matched them to the original song. I listened to the original song to see where the lyrics come in and typed all the lyrics in myself. It took me lots of hours to make these videos unlike some postings on you tube where they have taken a Sound Choice or another manufacture's video, chopped off the front title page and the end page then made up their own and passed it off as being theirs. 1) Per my original post, I would call it "Not really homemade, but rather a compilation of others' creations."
As for the rest, Jim Harrington- above- nailed it. HOMEMADE karaoke means YOUR original music composition, lyrics that YOU wrote, your sweep of those lyrics, and images that YOU created. Any and every part of a track created by someone else requires their permission to use- at least in ( or in the case of YouTube- "on") a public setting. I have created a few tracks using Karaoke Master doing just this- ENTIRELY my own creations ( though I have to admit my creations are not ever going to be seen or heard in public- not good... - but fun to try! nevertheless )
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Lonman
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Posted: Thu Sep 19, 2013 1:45 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Homemade doesn't mean anything of the sort??? If he took the time to make something that isn't commerically available - even if he BOUGHT an already made instrumental and created the graphics, swipes, sync'ing them, etc. THAT is homemade. You can buy a chocolate chip cookie from a store or bakery - or make them at home either from scratch or from a Pillsbury tube (already made but not cooked) - doesn't matter, the latter two are homemade! Same with someone making their own graphics to an instrumental to make it a karaoke cdg.
home·made/ˈhoʊmˈmeɪd/adjective : made in the home and not in a factory, store, etc.
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Cueball
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Posted: Thu Sep 19, 2013 1:54 am |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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Based on this..... JoeChartreuse wrote: HOMEMADE karaoke means YOUR original music composition, lyrics that YOU wrote, your sweep of those lyrics, and images that YOU created.
Any and every part of a track created by someone else requires their permission to use- at least in ( or in the case of YouTube- "on") a public setting. ... Does that mean that my HOMEMADE Mango Sangria isn't really homemade??? I use Carlo Rossi Burgundy, Cruzan Mango Rum, E&J Brandy, BOLS Triple Sec, Simply Orange Orange Juice, and Dole Pineapple Juice. After all, I didn't make any ORIGINAL liquors or fruit juices. I also never got permission from those fine makers of the liquors listed to mix them up with other liquors (listed above), and call it MINE. Oh, and BTW... I share it in PUBLIC SETTINGS.
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Lonman
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Posted: Thu Sep 19, 2013 10:00 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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You didn't MAKE all the ingredients - so no it really isn't homemade.....
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JoeChartreuse
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Posted: Thu Sep 19, 2013 11:47 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lonman wrote: Homemade doesn't mean anything of the sort??? If he took the time to make something that isn't commerically available - even if he BOUGHT an already made instrumental and created the graphics, swipes, sync'ing them, etc. THAT is homemade. You can buy a chocolate chip cookie from a store or bakery - or make them at home either from scratch or from a Pillsbury tube (already made but not cooked) - doesn't matter, the latter two are homemade! Same with someone making their own graphics to an instrumental to make it a karaoke cdg.
home·made/ˈhoʊmˈmeɪd/adjective : made in the home and not in a factory, store, etc. The key is MADE at home. Your second sets of cookies are home-BAKED. On the other hand, the Sangria is home MADE because it is created from recipe of ingredients, like scratchmade cookies, and for personal use. If, however, the sangria was produced for public consumption, and touted specific brands on the label in regard to it's ingredients, the producer would have to receive permissions to do so. You could produce and sell your made from scratch cookies as your own, but if Pilsbury catches you doing the same with their product, you can be certain of a lawsuit- which you would lose.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Lonman
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Posted: Fri Sep 20, 2013 1:36 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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I'm sure Pillsbury doesn't give a rip if I made cookies from their package to sell - but that isn't the issue. To say something is not homemade just because he didn't actually record the instrumental & write the words is silly. He bought the instrumental & totally MADE the graphics to sync up with the song in the proper places. THAT IS homemade!
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chrisavis
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Posted: Fri Sep 20, 2013 6:29 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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There is HOMEMADE....
There is made from scratch.....
-Chris
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rickgood
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Posted: Fri Sep 20, 2013 9:25 am |
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Super Poster |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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Back to OP - technically the commercial karaoke producers are not creating the product (music and lyrics) they are reproducing the original product, hopefully with permission and payment to the artists. Without the original content being produced by the artist, there would be nothing for them to recreate and sell to consumers.
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JoeChartreuse
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Posted: Sat Sep 21, 2013 1:02 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lonman wrote: I'm sure Pillsbury doesn't give a rip if I made cookies from their package to sell - but that isn't the issue. To say something is not homemade just because he didn't actually record the instrumental & write the words is silly. He bought the instrumental & totally MADE the graphics to sync up with the song in the proper places. THAT IS homemade! I see. So I can take an Eagles song I found online, add it to a video of dogs copulating from YouTube (I'm sure there's one there- seems to have everything, from what I'm told), and put it on some TV channel that would have it as a dog food commercial- and have absolutely no worries about litigation. It's homemade, because I combined the two, therefore it is my creation. Got it. At this point, YouTube is considered akin to television- public media. One cannot use others' creations there without expecting to require permissions from the creators. YouTube's reasoning was valid.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Cueball
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Posted: Sat Sep 21, 2013 4:43 am |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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JoeChartreuse wrote: Lonman wrote: ... To say something is not homemade just because he didn't actually record the instrumental & write the words is silly. He bought the instrumental & totally MADE the graphics to sync up with the song in the proper places. THAT IS homemade! I see. So I can take an Eagles song I found online, add it to a video of dogs copulating from YouTube (I'm sure there's one there- seems to have everything, from what I'm told), and put it on some TV channel that would have it as a dog food commercial- and have absolutely no worries about litigation. It's homemade, because I combined the two, therefore it is my creation. Got it. At this point, YouTube is considered akin to television- public media. One cannot use others' creations there without expecting to require permissions from the creators. YouTube's reasoning was valid. Joe... we're not arguing the validity of what is considered Public Media or whether DDKaraokeOutlaw can display his homemade videos on YouTube or not, or even whether he (or others) can be sued for the public display of such videos without the original artist's permission. We're arguing the point about what YOU consider to be HOMEMADE. One has NOTHING to do with the other.
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earthling12357
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Posted: Sat Sep 21, 2013 1:12 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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It is astounding how this has led to arguing over the definition of the word "homemade", a word by the way, that has an absolute definition if people would just use the English language properly and not make up their own personal definitions. From this thread, so far the most interesting question has been this one: MrBoo wrote: So what's the interest in putting them out on YouTube? I would love to see an answer.
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Lonman
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Posted: Sun Sep 22, 2013 5:51 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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JoeChartreuse wrote: [ I see. So I can take an Eagles song I found online, add it to a video of dogs copulating from YouTube (I'm sure there's one there- seems to have everything, from what I'm told), and put it on some TV channel that would have it as a dog food commercial- and have absolutely no worries about litigation. It's homemade, because I combined the two, therefore it is my creation. Got it. WHAT??? What are you talking about. He BOUGHT a music instrumental, and CREATED his own graphics to sync to the song where the singer is supposed to sync them. The grahics weren't bought, he made them. So what if they weren't his compilations? The karaoke versions were not commercially available, so he made them at home - thus - homemade! Quote: At this point, YouTube is considered akin to television- public media. One cannot use others' creations there without expecting to require permissions from the creators. YouTube's reasoning was valid. I never stated anything about Youtube pulling the content - I agree with them. He doesn't have the right to distribute his homemade product on Youtube - main reason - it wasn't properly licensed by anyone.
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JoeChartreuse
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Posted: Tue Sep 24, 2013 2:16 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lonman wrote: JoeChartreuse wrote: [ I see. So I can take an Eagles song I found online, add it to a video of dogs copulating from YouTube (I'm sure there's one there- seems to have everything, from what I'm told), and put it on some TV channel that would have it as a dog food commercial- and have absolutely no worries about litigation. It's homemade, because I combined the two, therefore it is my creation. Got it. WHAT??? What are you talking about. He BOUGHT a music instrumental, and CREATED his own graphics to sync to the song where the singer is supposed to sync them. The grahics weren't bought, he made them. So what if they weren't his compilations? The karaoke versions were not commercially available, so he made them at home - thus - homemade! . he bought music for PERSONAL, not PUBLIC use- for which NO DOWNLOAD SITE CAN GRANT PERMISSION.. He used graphics that he GOOGLED, NOT HIS OWN CREATIONS- READ the OP. I know that you have been working on the Reservation for some time, but standing FEDERAL laws ( outside Reservation jurisdiction) are different.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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