Comments on: Is Prince a Creep on YouTube?

By: eibmoz

eibmoz — Tue, 03 Jun 2008 15:07:00 +0000

Prince himself should have some right, though i dont understand why he would want it removed, great puplicity..im sure the fans would appriciateit but seems now the video is not available anymore.

By: Les Cowbell

Les Cowbell — Sun, 01 Jun 2008 18:00:03 +0000

@filmfledgling:

1) Please publish your home address so I can come steal your car. When I gift it to a homeless person to live in, I will claim that because I garnered no commercial gain from the transaction, I shouldn't be prosecuted.

2) YouTube isn't interested in commercial gain?

Les

By: legalop

legalop — Sat, 31 May 2008 15:29:29 +0000

filmfledgling: "commercial" use is not a determining factor re: whether or not someone may copy, transfer, or otherwise appropriate and distribute content without permissions, clearances and the sound synchronization license suggested above. commercialization would bring in the lawyers much faster as damages are easier to assess, but it is not the legal trigger point.

By: filmfledgling

filmfledgling — Sat, 31 May 2008 01:48:03 +0000

@ zell:

you would have a point if the clips and recordings in question were used commercially... but. they. weren't.

By: zell

zell — Fri, 30 May 2008 21:38:56 +0000

It would help if NewTeeVee included a Primer or context beyond "oh everything should be online and no one get paid...or, you're a bad person..."

First, there are sound synchronization Rights issues and Releases and Permissions that PRINCE would have a legal obligation to obtain. He's acting responsibly, like it or not.
Second, there are the actual Performance/Publicity/Image Rights related to PRINCE himself and that's his choice what he does with his own image, right?

The easy way out is to not pay the lawyers to get all of the paperwork in place and demand take-down of clips. That's what most do.

The more complex solution would be to concoct of quasi-Creative Commons music/sound sync/performance agreement that was boilerplate and everyone could initial before every tour (including Publishing Rights participants)? Some would agree, some would balk, but, everyone would know IN ADVANCE where everyone stands.

Just because someone grabs image and sound on video tape (or hard drive) does not mean there are no obligations.

Come on, just because you're hungry, doesn't mean that you walk into a restaurant kitchen and start making your own dinner then walk out without paying?