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Reply #510 posted 09/16/07 2:20pm

ButterscotchPi
mp

avatar

SexyBeautifulOne said:

PurpleCharm said:



The law gives Prince the right to tell you how you can share his work.

§ 106. Exclusive rights in copyrighted works36
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;


(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

http://www.copyright.gov/...1.html#106


You forgot a section! Same page, how'd you miss it?

107. Limitations on exclusive rights: Fair use38

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

In short it means that if I want to post a video of Prince's work on YouTube or anywhere else that I can discuss, criticize, or teach the younger generation what real music is, as long as I'm not selling it, thereby infringing upon the potential market for or value of said work...I CAN!!!




See what happens when you try to get legal to prove a point?


Well done!!!!!
http://www.facebook.com/p...111?ref=ts
y'all gone keep messin' around wit me and turn me back to the old me......
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Reply #511 posted 09/16/07 2:22pm

PurpleCharm

SexyBeautifulOne said:

PurpleCharm said:



The law gives Prince the right to tell you how you can share his work.

§ 106. Exclusive rights in copyrighted works36
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;


(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

http://www.copyright.gov/...1.html#106


You forgot a section! Same page, how'd you miss it?

107. Limitations on exclusive rights: Fair use38

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

In short it means that if I want to post a video of Prince's work on YouTube or anywhere else that I can discuss, criticize, or teach the younger generation what real music is, as long as I'm not selling it, thereby infringing upon the potential market for or value of said work...I CAN!!!


You know what...if it were that cut and dry, I would hope that Prince wasn't going to spend tons of money on something that he knows is a losing battle. But whatever he does and whatever the outcome is, it will in no way will cause me emotional hardship. I'll save getting worked up over this for when I get a letter informing me that I am being personally sued by Prince.
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Reply #512 posted 09/16/07 2:38pm

PurpleCharm

ButterscotchPimp said:

PurpleCharm said:


\
Dude, you really need to get a grip. Your little sarcastic remark was totally not necessary. rolleyes

This shit can go all the way to the Supreme Court for all I care. If they law isn't on Prince's side, then he'll lose in court. If the law is on his side, then he'll win. Case closed.



Oh, come on.
Can't i have a little fun?
I mean you go to some government website, cut and paste some text that barely applies to the conversation and then crow "see! Prince is right!".

I can be a little sarcastic at your laziness, can't i?

or maybe i can't.

i apologize.

i'm sorry.


friends?



hug


I'll let you slide. You've already admitted that Prince has gotten your boxers in bunch. Although I can't relate to what you're going through, I can understand that we all need a release.


No harsh feelings.hug
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Reply #513 posted 09/16/07 2:44pm

wonder505

SexyBeautifulOne said:


In short it means that if I want to post a video of Prince's work on YouTube or anywhere else that I can discuss, criticize, or teach the younger generation what real music is, as long as I'm not selling it, thereby infringing upon the potential market for or value of said work...I CAN!!!


Really? so if I post a television show recently aired on the History Channel, or a Disney movie or any motion picture in its entirety, a Prince or concert or any artist, as long as I don't sell it I can do it? Just like that?
[Edited 9/16/07 14:45pm]
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Reply #514 posted 09/16/07 2:54pm

1p1p1i3

avatar

Er, no. There's a lot of case law on fair use. But it's irrelevant since it's pretty clear that YouTube isn't a not-for-profit organisation.

They are clearly looking to profit commercially from copyrighted material.
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Reply #515 posted 09/16/07 4:51pm

WellInever

Even teachers are limited as to how much and how they may use music.

http://www.ncpublicschool...ight1.html

Music

* Up to 10% of a copyrighted musical composition, but no more than 30 seconds
* Up to 10% of a body of sound recording, but no more than 30 seconds
* Any alterations cannot change the basic melody or the fundamental character of the work

Motion Media

* Up to 10% of a copyrighted work or 3 minutes, whichever is less
* Clip cannot be altered in any way
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Reply #516 posted 09/16/07 9:18pm

Snap

Why did Prince decide to work with Warners to officially release the most talked about bootleg in music history... The Black Album? Did Prince's "spiritual" side win that battle? Was it to get out of his contract even though his vault was stuffed full of any number of songs that would've been more agreeable to his spiritual side? Or was it for some other reason -- one that he knew would have the biggest pay off?

Maybe he's protecting his pay offs here as well, as he did with Black?

hmmm

i've seen the future and it will be
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Reply #517 posted 09/16/07 9:37pm

Twinkly1

PurpleCharm said:

SexyBeautifulOne said:



You forgot a section! Same page, how'd you miss it?

107. Limitations on exclusive rights: Fair use38

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

In short it means that if I want to post a video of Prince's work on YouTube or anywhere else that I can discuss, criticize, or teach the younger generation what real music is, as long as I'm not selling it, thereby infringing upon the potential market for or value of said work...I CAN!!!


You know what...if it were that cut and dry, I would hope that Prince wasn't going to spend tons of money on something that he knows is a losing battle. But whatever he does and whatever the outcome is, it will in no way will cause me emotional hardship. I'll save getting worked up over this for when I get a letter informing me that I am being personally sued by Prince.


Don't think, so, read it again. Seems that these three points by themselves prove Prince is right:

1. whether such use is of a commercial nature
2. the nature of the copyrighted work
3. the effect of the use upon the potential market for or value of the copyrighted work.

The point is you are not being sued -- the corporations are; and they're publicly traded For Profit Corporations, not non Non-Profits.

I'm just sayin...
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Reply #518 posted 09/16/07 9:50pm

sosgemini

avatar

Twinkly1 said:

PurpleCharm said:



You know what...if it were that cut and dry, I would hope that Prince wasn't going to spend tons of money on something that he knows is a losing battle. But whatever he does and whatever the outcome is, it will in no way will cause me emotional hardship. I'll save getting worked up over this for when I get a letter informing me that I am being personally sued by Prince.


Don't think, so, read it again. Seems that these three points by themselves prove Prince is right:

1. whether such use is of a commercial nature
2. the nature of the copyrighted work
3. the effect of the use upon the potential market for or value of the copyrighted work.

The point is you are not being sued -- the corporations are; and they're publicly traded For Profit Corporations, not non Non-Profits.

I'm just sayin...


irregardless of the legality of his actions he is still pissing off a generation who rely on youtube like my generation relied on mtv. its silly...especially when labels would give videos to mtv for free. its the same arse thang.
Space for sale...
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Reply #519 posted 09/16/07 10:25pm

purplesweat

Entertainment Tonight has hired a "Ghost Whisperer" to contact Jimi:

"I can feel Jimi's presence. He is calm. He says Anna Nicole Smith is really groovy."

(Mary Hart) "Can you ask him about the Prince lawsuit?"

"Sure..... He says he likes Prince and he's not mad or anything. Wait Mary, Jimi says someone wants to say hi."

"Well all right you squares. Everybody buy my book "Memoirs Of A Super Freak". If I were there I'd be working on the movie with Denzel playing me. Or s*** I'm so good looking I'd play myself. Why are you guys contacting Jimi? Excuse me for a minute. "Anna, put my cloud dust back. I'm serious. If you smoke my s*** up I'll kick your a** when God goes to sleep. I'm Rick James in the afterlife b****!"

(Jimi to Rick) The family wants to sue this cat Prince. It ain't no thing to me but....

(Rick) "Prince?".....(To be continued)


spitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspitspit

FUNNIEST SHIT EVERRRRR!!!!
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Reply #520 posted 09/17/07 1:27am

BlaqueKnight

avatar

eyewishuheaven said:

PRINCE: Hey wait! I have something for you!

ME: What, a subpoena?

PRINCE: It's a song Lisa and Wendy wrote.

ME: Why didn't they give it to me themselves?

PRINCE: Well, I liked it, and I wanted to listen to it. They told me to give it to you when I was done!

ME: File sharing, huh? See you in court, MUTHAFUCKAAAA!!!!!
[Edited 9/15/07 14:38pm]



High-fuckin'-larious!!!
This is a simple issue that will have simple results.
Youtube will take down any content he requests but will not be his personal content nanny. If he asks, they will take it down but they will not do the work for him. Sorry Prince; not happening.
EBay will close user accounts with his bootlegs for sale (for those old coots who still actually BUY boots) but will not personally search for Prince boots any more than any other artist. Sorry Prince; not happening. EBay is not on your payroll.
The Pirate Bay will answer Prince in the same way they answer everyone else:
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Reply #521 posted 09/17/07 1:34am

christos7

BlaqueKnight said:

High-fuckin'-larious!!!
This is a simple issue that will have simple results.
Youtube will take down any content he requests but will not be his personal content nanny. If he asks, they will take it down but they will not do the work for him. Sorry Prince; not happening.
EBay will close user accounts with his bootlegs for sale (for those old coots who still actually BUY boots) but will not personally search for Prince boots any more than any other artist. Sorry Prince; not happening. EBay is not on your payroll.
The Pirate Bay will answer Prince in the same way they answer everyone else:
[/b][/color]


Spot on!
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Reply #522 posted 09/17/07 4:11am

excessex

Spot on!


Twinkly1 said:

PurpleCharm said:



You know what...if it were that cut and dry, I would hope that Prince wasn't going to spend tons of money on something that he knows is a losing battle. But whatever he does and whatever the outcome is, it will in no way will cause me emotional hardship. I'll save getting worked up over this for when I get a letter informing me that I am being personally sued by Prince.


Don't think, so, read it again. Seems that these three points by themselves prove Prince is right:

1. whether such use is of a commercial nature
2. the nature of the copyrighted work
3. the effect of the use upon the potential market for or value of the copyrighted work.

The point is you are not being sued -- the corporations are; and they're publicly traded For Profit Corporations, not non Non-Profits.

I'm just sayin...
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Reply #523 posted 09/17/07 4:24am

tznekbsbfrvr

avatar

omg I am lovin this thread. but lets make sure it doesn't get too Jerry Springer in here- okay? some ppl on the thread need to cool down a bit. I'm not saying who. boxed
"So shall it be written, so shall it be sung..." whistle
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Reply #524 posted 09/17/07 5:24am

oldpurple

avatar

is this the longest thread on the org or what?
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Reply #525 posted 09/17/07 5:31am

purplesweat

oldpurple said:

is this the longest thread on the org or what?

Nope. The speculation on Planet Earth was way longer. Remember, back when we were all happy, excited fans? Yeah, seems like a long time ago now.
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Reply #526 posted 09/17/07 5:49am

whendovescry20
00

oldpurple said:

is this the longest thread on the org or what?



It is not the longest but the greatest number of posts in the shortest amount of time I think. This thread was started on 09/13/2007 and we're on page 18.
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Reply #527 posted 09/17/07 5:52am

whendovescry20
00

DUDE!!! This is the best!!!
Hey Prince - This bud is for you!!!

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Reply #528 posted 09/17/07 6:58am

Lothan

I am honestly suprised that sites like YouTube have gotten away with posting copyrighted material for so long and I'm suprised Prince didn't really do anything about it until now. I have always been suprised how some sites tend to play stupid, like they didn't know they had to have permission first to post stuff. I am suprised eBay doesn't care whether the things they sell are authentic or not, even though they clearly have a policy on this but I amnore suprised Prince didn't get the boot selling that goes on there shut down before now. I understand he has every right to try to protect his image and I think the sites, including HQ, only make these things (cease and desists, possbile lawsuits, etc.) public to make Prince look bad. Kind of a thumbing of te nose or a "fuck you, Prince". I don't think any of the sites have a leg to stand on and I really don't understand why any of this is a big deal when people do things and are not making a profit off it.

I don't buy boots, I don't use Prince pictures as avatars and I don't seek his videos on the internet but the way he goes about things still pisses me off. It is easier and easier to separate the man from the music and maybe that's what he's shooting for.
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Reply #529 posted 09/17/07 8:32am

Mach

bored What Would Jesus Do ?
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Reply #530 posted 09/17/07 10:00am

mene1948

If he is upset about them what is he going to say about site started here today,[I told you in the chatroom not to post sites to Prince videos for legal reasons, that includes the site name snip - luv4u].I just went on signed up in less than 2 min.,with no charges and brief info. Prince is definitely there along with everyone else,old and new artists.
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Reply #531 posted 09/17/07 11:24am

Lothan

mene1948 said:

If he is upset about them what is he going to say about site started here today,[I told you in the chatroom not to post sites to Prince videos for legal reasons, that includes the site name snip - luv4u].I just went on signed up in less than 2 min.,with no charges and brief info. Prince is definitely there along with everyone else,old and new artists.
Snitch. lol
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Reply #532 posted 09/17/07 12:10pm

1p1p1i3

avatar

MTV pay royalties. YouTube doesn't.
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Reply #533 posted 09/17/07 12:59pm

mene1948

Lothan said:

mene1948 said:

If he is upset about them what is he going to say about site started here today,[I told you in the chatroom not to post sites to Prince videos for legal reasons, that includes the site name snip - luv4u].I just went on signed up in less than 2 min.,with no charges and brief info. Prince is definitely there along with everyone else,old and new artists.
Snitch. lol

Sorry,but it was an announcement made on a regular news station on the tv.Not a secret.It was a very public announcement.
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Reply #534 posted 09/17/07 1:08pm

Meloh9

avatar

Keep in mind that Prince is very image conscious and he probably doesn’t like the fact that there may be a Dirty Mind or Head live streaming somewhere and it’s not what he is about these days.
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Reply #535 posted 09/17/07 1:26pm

sosgemini

avatar

Space for sale...
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Reply #536 posted 09/17/07 1:36pm

sosgemini

avatar

1p1p1i3 said:

MTV pay royalties. YouTube doesn't.



your right...youtube should offer to pay net rate royalty fees.
Space for sale...
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Reply #537 posted 09/17/07 2:58pm

excessex

That's what it's all about. And as said elsewhere, Prince is not rolling out a bandwagon here but, rather, jumping one because success is pretty much a sure thing. YouTube have multiple court actions looming and Prince will be joining that queue on THIS point.
No matter how much people try to make out YouTube to be some kind of KLF (Kopyright Liberation Front) of the 'net, what's really happening is that they've been using their user-base to obscure the rights issue.
What amazes me is that they've gotten away with it this long but as with the Web 1.0 boom, it takes the likes of record companies and film companies a while to get with the program.

As an artist not in the league of the Princes of this world, I look forward to a time when I can GET PAID for contributing to the likes of YouTube's and MySpace's market value. The hype has it that they're doing US a favour (thanks, I have my own websites) but to quote Public Enemy....

wink

PS-Love your David Lynch quote. Makes me laugh every time I read it
smile

sosgemini said:

1p1p1i3 said:

MTV pay royalties. YouTube doesn't.



your right...youtube should offer to pay net rate royalty fees.

[Edited 9/17/07 15:00pm]
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Reply #538 posted 09/17/07 3:52pm

whendovescry20
00

Meloh9 said:

Keep in mind that Prince is very image conscious and he probably doesn’t like the fact that there may be a Dirty Mind or Head live streaming somewhere and it’s not what he is about these days.


So what you are saying is hide history? If you were 8 years old and your mother dressed you like a girl and took a photo I would agree. But Prince was doing things in the media for the attention. it's like we all know that MJ was black back in the day - he cant hide that no matter how many vitiligo claims he makes. But that was him then - it is history, unless your name is Peabody and you have a boy named Sherman and a Wayback machine, you cannot change it.
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Reply #539 posted 09/17/07 3:55pm

whendovescry20
00

Mach said:

bored What Would Jesus Do ?


He would forgive by taking all of Prince's DVD's, CD's, movies and any other items - and bless it the only way he can - with a good holy piss on everything!!!!.
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Forums > Prince: Music and More > Prince is Threatening To Sue YouTube, eBay, and Other Websites