Now Fan Music-videos Are Illegal?
StormLiong
Join Date: 2002-12-27 Member: 11569Members
Join Date: 2002-12-27 Member: 11569Members
<div class="IPBDescription">RIAA has really gone tight...</div> <a href='http://www.boingboing.net/2005/07/26/riaa_shuts_down_mach.html' target='_blank'>http://www.boingboing.net/2005/07/26/riaa_..._down_mach.html</a>
<!--QuoteBegin--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> </td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->RPGFilms was a website that hosted tons of machinima videos made with video-game engines. One popular machinima genre is the music video, in which a machinima artist synchs action recorded from a game to a piece of popular music.
Now the Recording Industry Association of America has had RPGFlims shut down because they argue that these "songs files" (not MP3s you understand, but humorous videos made by fans who in no way substitute for purchasing the songs) infringe their members' copyrights. <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
I can see some logic in RIAA shutting down torrent sites and suing filesharers but a fan music video site??? Yes the people who make the music videos are supposed to get permission but this something that is so un-piratelike. Its not like as if the site was distributing the actual songs. It was just like WoW videos with popular songs in it. And that the RIAA found not right. Why???
I can tell you this spells doom for flash presentations and anime music videos as well.
<span style='font-size:13pt;line-height:100%'>UPDATE</span>
Here is the official statement from the owner of RPGFilms which basically confirms that the letter was definitely a hoax but because RIAA knows about this, there is nothing to stop them from sending a real letter this time round.
<a href='http://vnboards.ign.com/Igraine/b20933/89878198/?10' target='_blank'>http://vnboards.ign.com/Igraine/b20933/89878198/?10</a>
<!--QuoteBegin--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> </td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->Okay,
So I just got home from work and there was messages on my home answering machine from journalists who wanted to talk to me about the RIAA taking down the site and then they were followed up with people saying it was a hoax, my server was hacked, and other meaningless trash.
The server was not hacked, the letter was posted by me for all to see.
So this is the chain of events as they happened, and I only did exactly what I was advised to do by the people around me in the know about DMCA and the RIAA.
I recieved the forwarded letter from the ISP. My ISP said that they would leave the content online as I was the one who had to make the decision to either shut it down, modify it, or fight them in court. They said this letter looks very similar to ones they have recieved in the past and it looked offical enough for them to pass it on to me.
I immediatley called a friend of mine who worked for an ISP for 10 years and recieved several complaints from the RIAA and several DMCA takedown notices. I forwarded him the email and we chated about it. He said it looked real enough to him and to take the site down right away and call the number in the email the following morning.
I took the site down, and posted the letter because at the time I was pretty **** off. I also didn't know enough about the laws to say they were wrong.
The following day I called a local attorney and we reviewed the sitation I was in.
He looked up fair use policy and contact the RIAA and told me what penalities I would be possibly facing if I choose to put the site back up. Those are what I posted earlier.
At this point I don't know what else to say.
The law states that you can only use 10% or 3 minutes of a audio track in the fair use policy. Most if not all of the movies I hosted did not follow this so one can logically conclude that once I found this out it made sense that they were upset at their music being used illegally.
It also made sense because other people had PMed me here and in email that the RIAA had begun targetting large video files with audio in them as a way to distribute music illegally.
To sum up, everything looked real enough to me, and after speaking with several people in the online community they would have done exactly as I had done which was to take down the content per the request and to contact an attorney that would look into it further.
DMCA take down notices are guilty until proven innocent and many ISPs and web hosts will take your content down immediately as soon as the report is made.
The people reporting the infringement have 14 days to prove that their content is being published illegally after which if the content is deemed not infringment you are allowed to put it back up.
For the record I never made a case to boingboing or anyone to investigate this on my behalf, nor was I trying to make this a "federal case".
As for the future of RPGFilms.net it remains to be seen. Per the comments from the RIAA on the boingboing article they had no comment as to what if anything would be done to machinima video.
Also I would like to say that I had the reporters contact me and have had no contact from the RIAA saying it was a hoax. <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
<!--QuoteBegin--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> </td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->RPGFilms was a website that hosted tons of machinima videos made with video-game engines. One popular machinima genre is the music video, in which a machinima artist synchs action recorded from a game to a piece of popular music.
Now the Recording Industry Association of America has had RPGFlims shut down because they argue that these "songs files" (not MP3s you understand, but humorous videos made by fans who in no way substitute for purchasing the songs) infringe their members' copyrights. <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
I can see some logic in RIAA shutting down torrent sites and suing filesharers but a fan music video site??? Yes the people who make the music videos are supposed to get permission but this something that is so un-piratelike. Its not like as if the site was distributing the actual songs. It was just like WoW videos with popular songs in it. And that the RIAA found not right. Why???
I can tell you this spells doom for flash presentations and anime music videos as well.
<span style='font-size:13pt;line-height:100%'>UPDATE</span>
Here is the official statement from the owner of RPGFilms which basically confirms that the letter was definitely a hoax but because RIAA knows about this, there is nothing to stop them from sending a real letter this time round.
<a href='http://vnboards.ign.com/Igraine/b20933/89878198/?10' target='_blank'>http://vnboards.ign.com/Igraine/b20933/89878198/?10</a>
<!--QuoteBegin--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> </td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->Okay,
So I just got home from work and there was messages on my home answering machine from journalists who wanted to talk to me about the RIAA taking down the site and then they were followed up with people saying it was a hoax, my server was hacked, and other meaningless trash.
The server was not hacked, the letter was posted by me for all to see.
So this is the chain of events as they happened, and I only did exactly what I was advised to do by the people around me in the know about DMCA and the RIAA.
I recieved the forwarded letter from the ISP. My ISP said that they would leave the content online as I was the one who had to make the decision to either shut it down, modify it, or fight them in court. They said this letter looks very similar to ones they have recieved in the past and it looked offical enough for them to pass it on to me.
I immediatley called a friend of mine who worked for an ISP for 10 years and recieved several complaints from the RIAA and several DMCA takedown notices. I forwarded him the email and we chated about it. He said it looked real enough to him and to take the site down right away and call the number in the email the following morning.
I took the site down, and posted the letter because at the time I was pretty **** off. I also didn't know enough about the laws to say they were wrong.
The following day I called a local attorney and we reviewed the sitation I was in.
He looked up fair use policy and contact the RIAA and told me what penalities I would be possibly facing if I choose to put the site back up. Those are what I posted earlier.
At this point I don't know what else to say.
The law states that you can only use 10% or 3 minutes of a audio track in the fair use policy. Most if not all of the movies I hosted did not follow this so one can logically conclude that once I found this out it made sense that they were upset at their music being used illegally.
It also made sense because other people had PMed me here and in email that the RIAA had begun targetting large video files with audio in them as a way to distribute music illegally.
To sum up, everything looked real enough to me, and after speaking with several people in the online community they would have done exactly as I had done which was to take down the content per the request and to contact an attorney that would look into it further.
DMCA take down notices are guilty until proven innocent and many ISPs and web hosts will take your content down immediately as soon as the report is made.
The people reporting the infringement have 14 days to prove that their content is being published illegally after which if the content is deemed not infringment you are allowed to put it back up.
For the record I never made a case to boingboing or anyone to investigate this on my behalf, nor was I trying to make this a "federal case".
As for the future of RPGFilms.net it remains to be seen. Per the comments from the RIAA on the boingboing article they had no comment as to what if anything would be done to machinima video.
Also I would like to say that I had the reporters contact me and have had no contact from the RIAA saying it was a hoax. <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
Comments
When podcast become super-popular I am sure RIAA will go for them next.
The RPGFilms got it because they were becoming very popular. As much as it is true that they are supppose to ask the owner's permission for the use of the song, my personal opinion is that since its not for profit all is fair. But again the law is the law and RIAA loves it.
I'm astounded at the kind of people this world can produce.
<a href='http://www.boingboing.net/2005/07/27/riaa_we_didnt_take_d.html' target='_blank'>http://www.boingboing.net/2005/07/27/riaa_...dnt_take_d.html</a>
<!--QuoteBegin--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> </td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->RIAA: We didn't take down RPGFilms.net
Regarding this post, RIAA Director of Communications Jenni Engebretsen sez, "The RIAA has not initiated any communication or legal action against RPG Films. It appears as though someone may have found and copied an old RIAA notice and filled it in with RPG Film web site information -- regardless, the link included in this posting is not an authentic RIAA notice."
I called Jenni and asked her a few questions about this:
Q: Are forgeries like this common occurrences?
A: I can't really say -- I'd have to speak to our folks to see if this happens with any frequency. As I stated in my email, we haven't initiated any legal action of any kind.
Q: Do you plan to pursue the forgers who sent out the bogus takedown in your name?
A: I need to check into that, that's all the information I have at this point.
Q: Will you pursue a claim against RPG Films for the use of your member-companies' copyright music in the films they host?
A: We have not initiated any communication or legal action against them. Forecasting future actions is not something we do.
Q: Do you have an institutional policy on the use of your member companies' music in noncommercial fan-films made from video-games?
A: I need to check on that.
Q: That's great, thanks. I'll post this and update the post when you get back to me.<!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
My bad for not finding this ealier
Alright, but this doesn't change the fact that the head of the RIAA still needs a swift kick in the rear.
RIAA: We didn't take down RPGFilms.net
Regarding this post, RIAA Director of Communications Jenni Engebretsen sez, "The RIAA has not initiated any communication or legal action against RPG Films. It appears as though someone may have found and copied an old RIAA notice and filled it in with RPG Film web site information -- regardless, the link included in this posting is not an authentic RIAA notice."
I called Jenni and asked her a few questions about this:
Q: Are forgeries like this common occurrences?
A: I can't really say -- I'd have to speak to our folks to see if this happens with any frequency. As I stated in my email, we haven't initiated any legal action of any kind.
Q: Do you plan to pursue the forgers who sent out the bogus takedown in your name?
A: I need to check into that, that's all the information I have at this point.
Q: Will you pursue a claim against RPG Films for the use of your member-companies' copyright music in the films they host?
A: We have not initiated any communication or legal action against them. Forecasting future actions is not something we do.
Q: Do you have an institutional policy on the use of your member companies' music in noncommercial fan-films made from video-games?
A: I need to check on that.
Q: That's great, thanks. I'll post this and update the post when you get back to me. <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
For a director of communications she really doesnt have a clue about what her organization is doing does she?
<a href='http://vnboards.ign.com/Igraine/b20933/89878198/?10' target='_blank'>http://vnboards.ign.com/Igraine/b20933/89878198/?10</a>
<!--QuoteBegin--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> </td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->Okay,
So I just got home from work and there was messages on my home answering machine from journalists who wanted to talk to me about the RIAA taking down the site and then they were followed up with people saying it was a hoax, my server was hacked, and other meaningless trash.
The server was not hacked, the letter was posted by me for all to see.
So this is the chain of events as they happened, and I only did exactly what I was advised to do by the people around me in the know about DMCA and the RIAA.
I recieved the forwarded letter from the ISP. My ISP said that they would leave the content online as I was the one who had to make the decision to either shut it down, modify it, or fight them in court. They said this letter looks very similar to ones they have recieved in the past and it looked offical enough for them to pass it on to me.
I immediatley called a friend of mine who worked for an ISP for 10 years and recieved several complaints from the RIAA and several DMCA takedown notices. I forwarded him the email and we chated about it. He said it looked real enough to him and to take the site down right away and call the number in the email the following morning.
I took the site down, and posted the letter because at the time I was pretty **** off. I also didn't know enough about the laws to say they were wrong.
The following day I called a local attorney and we reviewed the sitation I was in.
He looked up fair use policy and contact the RIAA and told me what penalities I would be possibly facing if I choose to put the site back up. Those are what I posted earlier.
At this point I don't know what else to say.
The law states that you can only use 10% or 3 minutes of a audio track in the fair use policy. Most if not all of the movies I hosted did not follow this so one can logically conclude that once I found this out it made sense that they were upset at their music being used illegally.
It also made sense because other people had PMed me here and in email that the RIAA had begun targetting large video files with audio in them as a way to distribute music illegally.
To sum up, everything looked real enough to me, and after speaking with several people in the online community they would have done exactly as I had done which was to take down the content per the request and to contact an attorney that would look into it further.
DMCA take down notices are guilty until proven innocent and many ISPs and web hosts will take your content down immediately as soon as the report is made.
The people reporting the infringement have 14 days to prove that their content is being published illegally after which if the content is deemed not infringment you are allowed to put it back up.
For the record I never made a case to boingboing or anyone to investigate this on my behalf, nor was I trying to make this a "federal case".
As for the future of RPGFilms.net it remains to be seen. Per the comments from the RIAA on the boingboing article they had no comment as to what if anything would be done to machinima video.
Also I would like to say that I had the reporters contact me and have had no contact from the RIAA saying it was a hoax. <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
The letter was definitely a hoax but because RIAA knows about this, there is nothing to stop them from sending a real letter this time round.