MaineGirl,
You may want to check out this post and the posts that follow:
Re: DCP and Fan Music/Tribute videos, sites, etc.
Note that the poster was contacted, not by DCP Productions, but by an independent distributor.
Also, on p. 2 of that same topic, there's a very basic explanation of Fair Use of copyrighted material. Please beware of so-called legal advice that comes on the back side of video making software. I believe the only assurance can come from consulting a copyright attorney.
Dear Midnight,
Thank you for taking the time to point me in the direction of the other thread regarding this subject. I feel that your points are very valid, and that copyright laws need to be considered when borrowing from source material made by another.
In general, I went to the government website to to look this up, and it states that there is no clear way to determine whether something is fair use or infringement. The Fair Use laws seem very broad in their determination of what can and cannot be used. They listed the parameters, but even those seem open to interpretation. It seems like a very muddy subject, even for those writing the laws. And given the new technologies evolving every day, the law itself seems a bit behind the times becuase it seems to discuss mostly written material, although there is a reference to newsreels.
For example, one statement reads, that fair use is okay when "use(d) in a parody of some of the content of the work parodied." If I consider songvids a type of parody, then, under that definiton, songvids are okay. Another statement reads, you can use material for "criticism, comment, news reporting, teaching, scholarship, and research." If I consider what I'm doing as scholarship, the same as I would by writing a story in a fanzine, then by making songvids, I am, in effect, studying the characters in order to understand them better, and to share my interpretation with other fans.
Obviously it would be better to err on the side of caution. But there are so many songvids for other out there, and so many makers of songvids, and so many ways to make songvids - so many fandoms enjoy and share them, I am never clear on why, in Dark Shadows fandom, a mature, venerable, and active fandom, that there seems to be this general kibosh on songvidding efforts. I encounter it a lot, even though I'm not really producing any of them. And when I talk to others who want to make songvids, they very sadly tell me, "They said I couldn't make them." I ask them who "they" are, and no one seems to be able to tell me.
I think the main point I'm making is that I went to Jim Pierson, who represents Dan Curtis Productions, and asked him, can I make songvideos and give them away. He said it was okay, so I have, in effect, gotten permission, which is one of the stipulations for fair use. Permission for everyone, actually, because it was an "okay" for fandom in general.
Perhaps the issue is the way that some songvids are distributed. Jim only said that he doesn't want people making a profit off of what they create. He didn't say anything about websites, or tapes, or discs - the issue for him was if money was made. That seemed to be a reasonable response to a reasonable request. I certainly won't be making any money making them, and probably won't be posting to any websites, since I don't have the werewithal for that either. And since vidding on computers takes speed, memory, and lots of space on your hard drive (all of which cost loads of money), I probably won't be maknig them unless I come into cash.
Everyone who knows me knows I'm passionate about this. Midnight said back in 2003 for me to go to Jim Pierson to check what the policy was, so I did. (I guess if I was more passionate, I would have checked with him back in 2003, but real life made its demands...) Given that, given the permission that has been granted from up above, I guess I was expecting a yippe-yahoo! from DS fandom and an onslaught of songvid making. I'm shocked, I tell you, shocked!
Perhaps I ought to be spreading the word with as much passion as I discuss it, but you can't make people wanna make songvideos!
Best Regards,
Maine Girl