You Tube tried to ruin my summer...

Discussion in 'Fly Fishing Forum' started by Matt Burke, Apr 6, 2009.

  1. RBSRC

    RBSRC New Member

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    Actually, that's not entirely accurate (which is why it's probably best to avoid relying on a 5-year old for legal advice). Copyright protection is not absolute and is balanced by the so-called the "fair use doctrine," which ostensibly allows folks like Matt to make limited (esp. non-commercial) use of a copyrighted work without obtaining permission from the copyright holder, provided that the use is "reasonable" under a four-part balancing test. Hard to say whether sampling an entire song for a You-Tube video would qualify, but unfortunately, in order to find out, Matt would have to be willing to assume the risks of litigation and spend tens of thousands of dollars in legal fees in order to defend his fair use rights . . .

    What I don't understand is how You-Tube gets to substitute one copyrighted work (Creed's) for another (Nickel Back's). Anyway, great video. :ray1:
     
  2. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    I belive that one is covered by permission. Some copyright holders have granted permission for sites like youtube or for purposes like youtube and others have not. I've seen a few instances where artists refuse to allow their work on free download sites and such, maybe Nickel Back is one such band?
     
  3. KerryS

    KerryS Ignored Member

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    Bastards! Freakin' bastards! I hate youtube. I like your vid but I hate youtube

    Now, yuvutu is a cool site.
     
  4. Old Man

    Old Man Just an Old Man

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    I believe that he was fishing with Bhudda.
     
  5. Buck

    Buck "Ride'n Dirty."

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    Ya that makes sense, buddha (Jeff) was selling some toons awhile ago.

    SRC, the 5 year old comment was obviously a joke but at the same time they want people to buy their music and not use it without paying for it. It's pretty clear from here. I have a good friend who is a copyright att., I'll ask him...
    BN
     
  6. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    Buck Naked, ask your atty friend if he knows a way to get you some clothing in his next settlement, and not those gross hip waders either!
     
  7. TexBC

    TexBC Fly Addict

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    Why is everyone hating on youtube for this? It is my understanding that it is the record labels/agents/etc that are the ones holding people like Matt back, isn't it? Youtube is merely the conduit.

    Either way, great vid Matt.
    :D
    Tex
     
  8. Buck

    Buck "Ride'n Dirty."

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    Tex, I could agree more. I absolutely love you tube. That and google and you couold have just about everything figured out. How to byulid rods, tie flys, roll cast, spey cast, paint a car, scare the shit out of someone, kick boxing, the world is the limit.

    Ya, nice vid Matt. You shouldn't let it ruin your summer. In fact, look up meditation on you-tube, i'm sure there is a good video for it. ;)
     
  9. Mingo

    Mingo the Menehune stole my beer

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    nice work Matt, boy are you the talk of tinseltown.........................

    [​IMG]
     
  10. bhudda

    bhudda heffe'

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    cant wait to do it again, this time with a live band on-site, in another boat, jammin down the river! rock stars rule! matty, lets go film some sock footage....
     
  11. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    bhudda, were you running the vidcam when Matt got the unexpected strike and flashed the Oh Shit face? That was my favorite part of the Creed vid. I liked the intro and the captions matching the tune of the Nickel Back tune. Very cool. How big a tune will you need for a band and who's doing the rowing?
     
  12. bhudda

    bhudda heffe'

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    i forgot, mumbles you didnt get to meet the organizer of the hoh party:) that was actually me gettin the tug, im the spey guy, he's the overheader! im thinkin 3man raft with 2 guitar's, drums, and a cowbell guy.....yeah, more cowbell!
    oh, and i'll sing, always wanted to be the front man.
     
  13. Buck

    Buck "Ride'n Dirty."

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    Ya, Jeff, you forgot the ladies, we needs some bitches!!!!!!!!!!!!
     
  14. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    Nope, he had transport troubles. So was that talking to the camera and then HOLY SHIT game on?

    You're gonna need a bigger raft for that entrouage and gear, and a gorilla sized guide to row it all safely. Of course more cow bell is essential.
     
  15. bhudda

    bhudda heffe'

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    oh i got them! tuesday thru sat:) but im fish'n, couldnt care even if they were matney girls:) hehe. only thing that distracts me when im on the water is the smell of skunk!
    which means my partner is holdin out:)
     
  16. bhudda

    bhudda heffe'

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    mumbles, that was a rock:)
     
  17. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    F-ing rocks. I'll admit it, but no one saw it to verify. I hooked a rock on the Hoh. For about five seconds as I pulled it into the current and it wobbled away, hook embedded in a hole, I knew I was into the goodness of steel. There were visions of bragging rights at the camp, making Matt Smith hate me even more. Fishdontcare travels from CA only to have me put my stinky fish smelling hands in his face. Then realty set in and I realized that I suck at fishing and even the rocks could outsmart me. F-ing rocks.
     
  18. Matt Burke

    Matt Burke Active Member

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    I brought this up just in case anyone else makes a fly fishing vid and wants to add music. I guess the lesson here is you better use somebody’s music that is obscure and they don’t have a record label or can afford lawyers. My gripe is that the record companies have been pulling this crap for a long time and of course, no one has the funds to expend like they do. I don’t have the legal savvy to know all the why’s and why nots and could care less. If I buy a music, dvd or software, I have the right to protect my copy or back it up on another disk because the flimsy plastic will get scratched and will no longer be usable. Now those files are for my private use, but if I distribute copies for sale, yeah sure, I’m busted. Now lets think of you tube as a big picnic I’m having for my friends. I decide to play rockstar while we watch some of my fish porn. A record company can’t do anything, it’s still in my private use. You tube is the same. It allows artistic expression which no one can suppress. I’m not Nickelback, I can’t make music. I’m also not a programmer. I can’t write code. Now I can buy it from someone and use it. I can transform it into an art form I can make. That is freedom of speech and I can say anything I want about anyone, or their work and intellectual property. Since I am no pro, it becomes parody almost of the original. I have no intention of pursuing this legally. I’ll just leave it like it is. I just think this is another example of the erosion of our rights in America. But go figure, we have the best congress in the world that money can buy.

    I thought about emailing Nickelback and asking them if they really like that my artistic view of their song in combination with my fish porn was that bad to begin with? After all, it’s just one artists interpretation. But now you have some lame ass shit from Creed in there and it’s OK with them? Do they mind getting pushed aside for Creed? How would they feel if their freedom of speech was Quashed?

    All I am saying is, I spent eight years in the Army protecting our bill of rights and the constitution. Now why is it that the constitution and the bill of rights can’t protect me? Because it apparently only works for those with fat wallets…like record companies. That aint right. But it’s a good thing I have fly fishing and could care less. I think it’s pretty funny that as insignificant as I am, they put me down anyway. They didn’t ruin that summer. And I have the river where stupid little ideas from humans don’t mean a god damn thing and when I tie on that first fly, make my first cast, all that stupidity from dumb humans in charge can’t touch me. Otherwise, if I didn’t have that serenity, I might touch them with eight years of Army training in explosives, shaped charges, det cord, timed fuses, blasting caps, etc. They’re lucky I’d rather be fly fishing. Some day I imagine they’re going to piss off the wrong person. Wont be me though, I’ll be on the river.
     
  19. nomlasder

    nomlasder Active Member

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    I think you should email them and see if they like your intrepretation. It could even spawn a bunch of videos with different ideas of what it is to be a rockstar.

    This is free publicity and advertising for them.
     
  20. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    Contacting them with a sample of theirs versus Creed could make an impact if it reached the right person. The Nickle Back version with the captions is great!