WhyILoveTiVo.com contest

[Richard Kreiss]

> -----Original Message-----
> From: filepro-list-bounces+rkreiss=verizon.net at lists.celestial.com
> [mailto:filepro-list-bounces+rkreiss=verizon.net at lists.celestial.com] On
> Behalf Of Fairlight
> Sent: Friday, April 11, 2014 12:58 PM
> To: filePro Mailing List
> Subject: Re: WhyILoveTiVo.com contest
> 
> On Fri, Apr 11, 2014 at 12:34:44PM -0400, Kenneth Brody thus spoke:
> > On 4/11/2014 11:32 AM, Fairlight wrote:
> > >Besides the fact I only have Cable Broadband and not Cable TV (by
> > >choice), I wouldn't find enough time to -get- to the stuff I
> > >deferred.  My Netflix queue is 119+ items long, many of them series.
> > >
> > >If I defer watching something, it takes ages to get watched.  I'd
> > >fill the HD and need to sacrifice something in order to tape new
> > >stuff I'd never get to.  Worked that way with VCRs.
> >
> > You can hook up external USB HDs.  Just hook up a several TB drive,
> > and you're good to go.  :-)
> 
> It's like deferring non-essential email.  Eventually, I end up with several
> thousand messages that I never read, and just archive somewhere.  You
> think you'll get to it, but the reality is, you never will.   I'd just end
> up buying more and more hard drives.
> 
> > We're hoping that, being only a few seconds long, it falls under "fair use".
> 
> Doubtful.  There's no "fair use" for synchronisation rights.  If there were, you
> wouldn't have to get samples (often only a few seconds) cleared for contests.
> 
> When Image-Line runs a remix contest, they flat-out say that any samples must
> be cleared for publication.
> 
> The problem is this...  You have -probable- coverage for personal "fair use".
> Actually, that's a misnomer.  Someone once explained to me that "fair use" is
> not actually a -right-, it's a -defence- against alleged violations.  So you're
> already looking at it incorrectly.
> 
> But back to the problem...  On your own, just in a private channel, those few
> seconds are probably covered by a "fair use" defence.  However, if TIVO (or
> the company behind it, if the name differs) intends to use the commercial in a
> broadcast capacity anywhere if it should win, -they- would have to have
> synchronisation rights to the theme song in order to do so legally.  So they'd
> have to get it cleared with the BBC.  This is unlikely, so they'd likely just skip
> over the entry as a contender due to legal sticking their oar in.
> 
> The BBC is -somewhat- relaxed about the theme song.  There's a whole remix
> site up (I even have my entry in there...I've remixed the song myself) with
> thousands of mixes.  They haven't been shut down.  But it's in a grey area, as
> it's completely non-commercial.  It's not technically legal, though, strictly
> speaking.  Now, the second you bring it -near- anything commercial, they're
> going to spring into action.
> 
> YMMV & IANAL.  But as AFAIK, synchronisation rights have no time limit on
> duration of sampling/excerpts.  You either have to pay or you don't.  The only
> people who don't have to worry about using that theme without paying for
> sync rights are the BBC themselves.
> 

Mark, your last statement is only true if the BBC owns the rights to the theme music.

As I have not checked this and from what you have written above, you may be aware who actually hold the copyright to the music.

Richard