Comments

rmack350 wrote on 2/13/2006, 8:37 AM
Samuel Clemmens wrote quite a few editorials on copyright law. He was always in favor of stronger international laws.

He made the point that many other creative pursuits are able to leave property for inheritance but copyrighted material cannot be left for generations of your heirs to enjoy the fruits of. He felt this was very unfair. Towards the end of his life he was contemplating what he could leave his children (and in the end only one girl survived him) and his grandchildren.

His eventual solution was to leave an estate of unpubished works and to stipulate when those things could be published. In this way his grandchildren could enjoy a copyright on some of his writings.

Also, towards the end of his life he had written many incendiary works and felt his heirs might suffer if they were released too soon. He was very critical of the war in the Philippines, the Iraq war of his day.

Rob Mack
Coursedesign wrote on 2/13/2006, 11:10 AM
Anybody who missed the PBS special on Mark Twain (the pen name of Samuel Clemens), try to catch it the next time around!

It was a very good portrait of a truly extraordinary man, who functioned in so many areas.

One thing I liked about him early on (beside his books) was when I heard his answer to the person who asked him how "he could deliver such a great totally off-the-cuff local speeches anywhere he went."

His answer? "Two weeks preparation for each."

He was even highly respected overseas, and did his own thinking in a way that few have matched.

Thanks Rob for the story about him leaving unpublished works to his grandkids!

Agatha Christie did something different for a grandson on his seventh birthday in 1952: she gave him royalty rights to a new play she had just finished, "The Mousetrap". Her thinking was that it might run a few weeks, or even a month, before closing, and that the net from the play would add at least a few pounds to the child's allowance.

To everyone's surprise, the play is still running, currently in its 53rd year....

:O)

It became a "must-see" for visitors to London, and it really shows Agatha Christie's marvellous storytelling talent.

vitalforce2 wrote on 2/13/2006, 2:18 PM
DSE's comments about the TEACH ACT are "Spot on" and should answer any concerns about the copyright implications of teaching. Indeed, without such exceptions, precious little teaching could take place! (How do you teach art history without reproductions of the works?) Ergo--if you award a school prize, you are not actually purchasing or acquiring the copyrighted work.

P.S. Next time the urge rises to rant a little about Big Corporate as it relates to copyright (and I do myself), just remember that copyright law exists to protect creators of content. That can be anyone. Disney, or--well, me.
Klausky wrote on 2/13/2006, 2:58 PM
Wow. I didn't realize this topic would ignite so quickly. I tried reading all of the posts here and I thank you for all the in depth answers. Im a high school student trying to make this festival for my school to spark an interest in digital video, and have some fun. Unfortunately, most teens want something in return for their efforts; whether it be a grade on an essay, or money. With this in mind, I would like to attract as many participants as possible, and to do this I need to offer a prize.
winrockpost wrote on 2/13/2006, 3:12 PM
Saw a great sticker on the back window of a jeep the other day,
Gave a website WWW. whatever band (cant remember)
Please steal our music.
Steve Mann wrote on 2/13/2006, 7:04 PM
I agree with Spot - stay away from unlicensed works. Even if it stays in the classroom.

Here's why - what you are doing is extraordinary, thus newsworthy. You want the exposure of the students work to reach a wider audience than Homeroom. Even if it's only a few seconds of air time, if the rights aren't clear, the station cannot air it.

As far as prizes, go to local electronic stores and present your project to the manager and ask if they would become a Festival sponsor. A mention of the store in the program in exchange for a prize donation.

Do it well and it could grow from there.

Steve
Grazie wrote on 2/14/2006, 12:02 AM

Please access this UK Extreme Film School Competition with their rules,
especially their Rule 11 on music.

Grazie

farss wrote on 2/14/2006, 4:25 AM
Those rules are for a competition for those that are already into the business. I can think of no quicker way to put kids off something than telling them what they can't do upfront. First you've got to get them interested and then explain to them WHY certain things aren't allowed.
If the point of this competition is to get kids interested and it's going to be judged on THEIR work then the music is totally irrelevant, it's what images they choose and how the put it to the music that the points are for. I'd go so far as to suggest to make it totally fair you only permit them to use current Top 40 music, stop any smarty writing their own, keep that for a music competition.

You're giving the prize for THEIR work, the music isn't part of their work, surely no one would be so daft as to assume they composed, played and recorded a current Top 40 number? If anything using their own music would be more like cheating.

If someone wants to air the winning entry then let them deal with the rights issue.
After all these kids aren't going to be selling, distributing or making a buck out of this. Once you've got them interested then is a good time to explain to them that if they do want to make something for sale it's got to be ALL their work, explain why in terms they understand, leave out anything about money, talk to them about recognition and due credit. Talk to them about the moral rights of an artist, be they a composer or a graffiti artist.

Bob.
Grazie wrote on 2/14/2006, 7:46 AM


"Those rules are for a competition for those that are already into the business."

Yes, Bob, I kinda realise that. Why tell me?


"I can think of no quicker way to put kids off something than telling them what they can't do upfront."

If it puts them off by getting them clued into what IS legal - why not? Hey, Bob, I can think of more "harmful" things that would and are being experimented with by youngsters - no? You can't?

So why did I post the links? Why did I spend time in reading and searching for this piece that I felt is in step with what has been said here?

"First you've got to get them interested and then explain to them WHY certain things aren't allowed."

I really don't care in what order it is done - but me posting this stuff in no way invalidates the sense, sensibilities and spirit of the law and what it means to "nick" others work.

Grazie


Spot|DSE wrote on 2/14/2006, 7:49 AM
I would tend to agree with Bob. While I don't believe you should condone theft of copyrighted works, and while I do believe that young filmmakers need to be taught the legality of such, the TEACH Act and common sense, plus inspiration can indeed be there. Were I a judge, I'd award "extra" points to any filmmaker who came up with his/her own score however it might have been achieved, putting others at a disadvantage that used copyrighted music.
But if it's for a school, for internal use only, not for distribution in anyway...(or if it was to be distributed, let the broadcaster manage it) then it would seem prudent to encourage the story, shooting, and editing, with score being at the back of the bus. Just be sure that there is a class, segment, seminar, test on the subject of copyrighted works.
Quryous wrote on 2/14/2006, 8:14 AM
In my classes, for almost 20 years, I have had every student sign an acknowledgement that "borrowing" without permission is outright theft.

Further, if a student pust someone elses work into theirs, in any form, it is still not the student's own work. If you copy the Mona Lisa, doctor it up so that it looks like a purple cow, and call it your own, it is still wrong.

In the case of students, I want to see THEIR work, not someone else's work. They are not allowed to copy something and edit it, or use it whole. I want THEIR work. Period.!

That said, we provide many sources of perfectly legal music and video for them to use to their heart's desire. They find plenty of inspiration and work the heck out of what they have. No problem.

I hand out photo copies of their signed acknowledgment, as reminders, from time to time. It takes a while for them to get used to the idea of not "borrowing" since it seems to be rampant, but the finally get the idea.

And, they learn more from doing their own work. Part of what they learn is the value of doing their own work.

That said, we provide perfectly legal sources of music and video for them to use to their heart's content. They have loops and other editable material which they need to learn how to use. They can edit the heck out of that and it is fine. That type of work does qualify, it is a real world experience, and that is the goal of training. No Problems here.
Grazie wrote on 2/14/2006, 8:17 AM

Inspiration is its own reward - this and more I condone, and go further. In fact I'd be first on the barricades defending each and every one of our rights in pursuing this. My point, and my ONLY point here, was that the Website I pointed to recognises the issues around copyright and what it means. And in my mind was that here is an example where this issue is being "confronted". Period.

Inspiration, creativity, youthful exuberance, lively and questioning art-forms - right on!

And yes, Douglas, this piece or that piece gets a "Distinguished" merit 'cos of outstanding musical creativity or the player's ability. Absolutely! Recognition and the reward of genius is a worthy and civilizing pursuit. And your point about having some music that IS available for those that don't make music, and that they shouldn't be "penalised" I see and understand.

But none of this was what I was getting at, or hoping would stick. The links I made are to show that "others" have bit on this particular bullet before, recognise just where it could lead them and how transparently legal they wished their entrants pieces to be.

Grazie

Patryk Rebisz wrote on 2/14/2006, 8:40 AM
Quryousm no offence but it's quite obvious that you are not teaching at an art school. ...Beacuse turning Mona Lisa into pink cow and reediting other's works to give it a new meaning is exactly what art shools would do...
kkolbo wrote on 2/14/2006, 9:00 AM
I teach video in a public high school. We occasionally use non-licensed music in beginning exercises, but the rules are clear. These are in-class exercises and the material can not leave the classroom or be telecast. they are example exercises.

We teach the concept of copyright using a great article by DSE. All projects must conform to the laws of the US and the policies of our school district.

We have a small selection of royalty free music available and the demo loops for ACID that came with our ACID software. That has been all that is needed. The students prefer to create their own using ACID to start with.

The students take pride when they show their work at festivals etc. They look at projects that do not conform to the law and point and snicker. I think I heard one student say to an offending student filmaker, "what's the matter, don't you have the guts to do it right?"

A few years ago, royalty free music and tools like ACID did not exisit. OK the wheel was in its early stages too. Right now there is no excuse for not complying with the law. As teachers we are models for the students. They should see us support the laws of the land and take pride in our abilities. If we grumble and try to find ways around the right, what can we expect from our students? I teach more about growing up than I do about video and art, and all of that is done by example, not lesson plan.

Keith Kolbo
Orlando, Florida
Klausky wrote on 2/14/2006, 11:58 AM
I realize now that copyright protected media can beused if the films stay within the school, and are only sued for the school's festival. However, this doesn't answer the questions about if offering a prize to the winner is allowed. the participants are profitting from property they do nto own. Surely in a classroom kids are not winning money for their films by the teacher. So i dont know if the TEACH Act applies here.
Spot|DSE wrote on 2/14/2006, 12:25 PM
The prize would negate the application of the TEACH act. Your school's librarian should be well schooled in this.
kkolbo wrote on 2/15/2006, 8:24 AM
The teach act does not appear to cover the film festival. It applies to displaying the complete work in a classroom situation and in no way permits the student filmaker to take someones music and sync it to their visual and then display it in a festival type environment.

Maybe I have missed the spirit of the question, but I don't see anything that allows the use of unlicensed music in student films at a festival. A prize or financial gain does not seem to have any bearing on it at all.