Members slight-return Posted October 24, 2007 Members Share Posted October 24, 2007 Or find an attorney who knows his/her stuff in the relevant law. If it's really that important to you.nat whilk ii I took the easy way out and married one Well, actually, we married when she was a neuroscientist! she's abou as smart as they come, a decent rhodes player and a very good sea kayaker she can't fence for {censored} though Link to comment Share on other sites More sharing options...
Members slight-return Posted October 24, 2007 Members Share Posted October 24, 2007 There's a decision that states there is no de minimis fair use defense for sound recordings. That's the Bridgeport v Dimension Films decision out of the 6th Circuit. That's certainly a tough one - the 9th in Newton v. Diamond [my pal actually got to clerk that case!!] supported de minimis in the opinion the 6th and the 9th can tend to be a bit at odds on some IP issues (like the whole license v purchase of SW as it relates to first-sale doctrine comes to mind) so it can depend on whose court you're playing in Patent guys think copyrigh law is broken..but then again, copyright guys think patent law is broken Link to comment Share on other sites More sharing options...
Members slight-return Posted October 24, 2007 Members Share Posted October 24, 2007 i believe statements made, and all recordings done by the governement are of fair use to the public. They are generally public domain (fair use is an affirmative defense) Link to comment Share on other sites More sharing options...
Members Zooey Posted October 24, 2007 Members Share Posted October 24, 2007 supported de minimis in the opinion That would have been a cool case to be involved with. It's been a while since I read it, but didn't the Beastie Boys actually have a license for the sound recording in that case? If you have a license, de minimis seems irrelevant (but it might have been addressed in dicta). Link to comment Share on other sites More sharing options...
Members slight-return Posted October 24, 2007 Members Share Posted October 24, 2007 That would have been a cool case to be involved with. I her ya! -- he said Basties were nice guys It's been a while since I read it, but didn't the Beastie Boys actually have a license for the sound recording in that case? If you have a license, de minimis seems irrelevant they only had license to the sample (and, how that interacted with license to the underlying composition) that's where de minimis use came into play [iIRC , and don't quote me on it, they springboarded from Fisher v Dees with the 'recognizable to the avg listener' test, the dissent was about of the 'skill added recognizable feature'] One big problem was trying to unwrap the comp from the audio sample - so there was/is arguing back and forth about if/how/when this applies to purely audio sample (some of the caselaw IIRC wasn't limited to musical composition which might widen the scope) - but I don't think that's been tested specifically in the 9th cir So there is certainly argument for "audio sample only" and or if the Fisher test is applicable...but...and...but..and but ain't that always the case...everyone throws up their caselaw and see what fact patterns they can make stick [kinda funny, some brit friends laugh and say US litigation is broken b/c of that...they tell me that they only get 3 citations] and it's not like the 6th and the 9th are...shall we say..philosophcally congruent on IP law[that God for the fed cir for patent stuff] One part that was disappointing for Erik (my pal) and myself is that they didn't really get into transformative effects which I would have liked to hear more about ah, all good fun ------------ Hey, just noticed you are in Oakland -- were you a Boaltie by any chance?? Link to comment Share on other sites More sharing options...
Members Zooey Posted October 24, 2007 Members Share Posted October 24, 2007 Hey, just noticed you are in Oakland -- were you a Boaltie by any chance?? Nope, I was at Hastings, the grittier, dirtier law school across the bay. I just recently moved to Oakland. Link to comment Share on other sites More sharing options...
Members slight-return Posted October 24, 2007 Members Share Posted October 24, 2007 Oooh, you are a dirty boy --- "he took the midnight BART going anywhere...." hey, have you hit d.b.a. Brown (little record store in rockridge) ? if you get a chance, check it out I used to live righ behind the Parkway theatre -- I'm in Seattle now and haven't found a good beer/pizza/movie place Link to comment Share on other sites More sharing options...
Members Zooey Posted October 24, 2007 Members Share Posted October 24, 2007 That's by Lake Merritt, right? I'm a little further east. I'll have to check out the record store. BTW, meant to ask--were you at Boalt? Link to comment Share on other sites More sharing options...
Members slight-return Posted October 24, 2007 Members Share Posted October 24, 2007 yeah, it's about 2 block in from the lake lived in Rockridge for a time (on Hardy a couple of blocks from George and Walt's -- they'd turn the lights up in the corner so we could drink and study...love those guys) Wife was a full boaltie -- Im just a poor Patent Agent Link to comment Share on other sites More sharing options...
Members sunsinger Posted October 25, 2007 Author Members Share Posted October 25, 2007 It is actually funnier to create your own "news" program. You can even say whatever story you want, the way you want it.Compose your own music and FX... it's worth it. I do create my own music and FX (I've got 3 albums out) ... I do sound design out of my studio for film and TV, and I mix TV shows... I'm just asking this because there is nothing quite like taking the recognized voice of one of these politicos, and recutting it, out of context, or in... and creating a great piece of political satire with it... I just think that these guys get away with far too much... So I'm just trying to cover my butt while I create some audio mayhem... I know what your going to say, and yes, I do know Firesign Theatres work... But I'm just one guy and I can't do all of those voices... Link to comment Share on other sites More sharing options...
Members alphajerk Posted October 25, 2007 Members Share Posted October 25, 2007 i recut nixon talking to buzz aldrin on the moon to intend he was talking about weed instead of landing on the moon for a song once. Link to comment Share on other sites More sharing options...
Members philbo Posted October 26, 2007 Members Share Posted October 26, 2007 You can get screwed in two ways*. 1. If it's not easily recognized as parody, you can face action from the person who was speaking the recorded statement. 2. If the broadcast itself from which you took the sound byte was copyrighted and you have no permission to re-use it, you are violating laws there too. So, use it at your own risk. *I am not a lawyer. Another risk is being caught by the Historical Accuracy Thought Police - - they don't want unsanctioned recordings going around, since they might contain things that the speaker (especially if it's a politician) will later wish to revise into "I never said anything of the kind" Link to comment Share on other sites More sharing options...
Members NewTruth Posted October 29, 2007 Members Share Posted October 29, 2007 I've got a song that starts (and ends) with the results of looping a number of news broadcasts into an almost unintelligible mess. I don't think that any particular broadcast(er) stands out, but there is a little piano lick that PBS used to use twenty years ago that stands out. What sort of legal jeopardy am I in? Link to comment Share on other sites More sharing options...
Members techristian Posted October 30, 2007 Members Share Posted October 30, 2007 How about sound bytes from a movie? Check it out. http://www.youtube.com/watch?v=rZBA0SKmQy8 Dan Link to comment Share on other sites More sharing options...
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