Nope Just remember my son playing years ago and somebody did a presentation about it in my Grad class last month...how Pokemon Go is sending folks to the hospital | |
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Nope Just remember my son playing years ago and somebody did a presentation about it in my Grad class last month...how Pokemon Go is sending folks to the hospital I have it on my phone I will take my place, In the great below | |
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I can't | |
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nursev said:
I can't Walks at the river on a cool night, catch a few its a good night ! Ok back on topic I will take my place, In the great below | |
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Umm yeah...back on topic thats cool...love it | |
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You can't say that it is either. His attitude could've very well been one of "once i'm gone, let it go. Let it all go". | |
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If it's only 20 seconds (or even 30 seconds), she's going to have a hard time (if not impossible) chance of winning this case. You can send Instagram a counter-notification, claiming fair use. You could also throw in the misrepresentation under the DMCA claim described below. And paste the paragraph regarding the 9th Circuit opinion below for good measure (the bold is mine). The case of a 29 second clip of a baby singing "Let's Go Crazy" has been litigated since 2007. Here's a brief synopsis:
In June 2007, Universal, the copyright holder for "Let's Go Crazy", sent YouTube a takedown notice in compliance with DMCA requirements, claiming the video was a copyright violation. YouTube removed the video and notified Lenz of the removal and the alleged infringement. In late June 2007, Lenz sent YouTube a counter-notification, claiming fair use and requesting the video be reposted. Six weeks later, YouTube reposted the video. She also sued Universal for misrepresentation under the DMCA and sought a declaration from the court that her use of the copyrighted song was non-infringing.
On September 14, 2015, the 9th Circuit affirmed the District Court, holding that while fair use arises procedurally as an affirmative defense, copyright holders have a "duty to consider—in good faith and prior to sending a takedown notification—whether allegedly infringing material constitutes fair use". Importantly, the court viewed fair use not as a valid excuse to otherwise infringing conduct but rather as not infringement in the first place. "Because 17 U.S.C. § 107 created a type of non-infringing use, fair use is 'authorized by the law' and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c)."
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Please read what I just posted about the 29 second baby clip singing Let's Go Crazy. If she/NPG keeps doing that, the 9th Circuit is going to take her down. | |
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Man, please.
Now I've heard everything. | |
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Check out my post re a similar case of Prince's music as fair use. Feel free to pass it along to any FB groups. | |
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Was it a song owned by NPG or Universal or Warners? | |
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Iamtheorg said: Tyka is web sheriffing now? She's been doing it for years. Which is why I wonder why folks are so hard on her, as if she wasn't an actual Paisley employee. | |
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If it's a straight clip, it's not perfectly aligned with the dancing baby case but I'd try anyway. (First I'd find the copyright holder of whatever song is in that clip). There's no definitive time limit as to what's acceptable fair use, but there is a unofficial consensus that 30 seconds is okay. She was represented by the Electronic Frontier Foundation (the EFF) who has petitioned the Supreme Court to hear the case. They want this part of the opinion overturned: "Senders of false infringement notices could be excused so long as they subjectively believed that the material they targeted was infringing." By excused, the EFF means excused from damages.
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Can we please have a thread for all the non-licensed-non-practicing-non-lawyers'-legal-brainfarts, so that the real ones here don't have to wade through this crap on every single topic?
It's torture. And...ya know, his death and all the rest is torture enough.
That being said, the grief-collective and previously limited material breeds a market, that he set the stage for to maintain his legacy, since no one else could be trusted with that. Brilliant again.
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StopIt said: Can we please have a thread for all the non-licensed-non-practicing-non-lawyers'-legal-brainfarts, so that the real ones here don't have to wade through this crap on every single topic?
It's torture. And...ya know, his death and all the rest is torture enough.
That being said, the grief-collective and previously limited material breeds a market, that he set the stage for to maintain his legacy, since no one else could be trusted with that. Brilliant again.
Really? what's with the colors? You don't have to insinuate some shit...You know it is great to laugh sometimes | |
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Oops my bad...I'm new.
"Don't worry about what I'm doing. Worry about why you are worried about what I am doing." | |
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blondie1147 said: Oops my bad...I'm new.
just kidding | |
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My thoughts exactly. "Don't worry about what I'm doing. Worry about why you are worried about what I am doing." | |
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I'm a licensed, practicing attorney (in CA/NJ/NY and before district courts in these circuits) who has been doing copyright litigation in federal courts and contracts for about 30 years now. I've done music licensing deals for both people wanting to license music for their products and for Universal Music Group. I'm new so I've never read through any prior topics on the issue. | |
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Marrk said:
The time for this is over. The only way the estate will maximise income is to let things slide. Keep Prince out there. Otherwise the Paisley Park museum and the occasional album of unreleased music appealing to the hardcore will not be enough and Prince will fade way quicker than he should. Yep. And that's why whenever I find stuff on YT I save it down as fast as possible. Everything I've saved down so far is either an interview or live performance. I wish the estate would get on releasing some live performances. My wallet is ready and waiting. Paisley Park is in your heart
#PrinceForever 💜 | |
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Is it more that individuals get take down notices rather than groups/famous people? Because just one copy of Bruce Springsteen's cover of Purple Rain at > 6 minutes is up to 5M views on YT. | |
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See laughter is good for us all | |
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Wow. If it's an interview with no performance, there is no valid claim for a take down notice. Oh I see why the EFF got involved in the dancing baby case (which going on 8 years, is expensive). They gave him the Raspberry Lifetime Aggrievement Award for extraordinary abuses of the takedown process in the name of silencing speech in their Takedown Hall of Shame. It's very short-sighted for NPG to issue these takedown notices when the EFF has been on this case for so long. The estate can't afford any damages the EFF might win in their fight (which would be small compared to lawyers' fees). Do they not have good advisors? | |
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Welcome & thanks very much for coming forward as such, (understanding all reasons for your speaking to such topics or not.) Welcome! Yay!
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are you the highlighter police too?
you're in a medical assisting profession yourself, so ya know, when someone says, step forward if you're licensed in a certain profession you're opining on, and another lawyer for example does step up, that's appropropriate and helpful.
K?
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StopIt said: are you the highlighter police too?
you're in a medical assisting profession yourself, so ya know, when someone says, step forward if you're licensed in a certain profession you're opining on, and another lawyer for example does step up, that's appropropriate and helpful.
K?
whatever | |
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nursev said: StopIt said: are you the highlighter police too?
you're in a medical assisting profession yourself, so ya know, when someone says, step forward if you're licensed in a certain profession you're opining on, and another lawyer for example does step up, that's appropropriate and helpful.
K?
whatever Laughter is good I will take my place, In the great below | |
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FragileUndertow said: nursev said: whatever Laughter is good | |
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see this thread: "The email from NPGMusicPublishing is Tyka@"
http://prince.org/msg/7/4...?&pg=2
[Edited 9/5/16 21:55pm] | |
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