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CoolDrMoney
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Copyright is artistically stifling **Copyright rant**

Posted by CoolDrMoney - December 22nd, 2011


Ill try and make this as brief as possible.

It gives boundaries to areas artists can dabble in. It prohibits us from executing our art in a more profound way. I have discovered this while trying to start picking up my music video for Valentines day and working on it again. The whole inspiration for the cartoon came when I was listening to the song "She's only Seventeen" by Winger.

http://www.youtube.com/watch?v=GlN3oEj MpUQ

I found this song to be pretty outrageously funny and wondered "what if I just took the idea and took that unacceptable idea of seducing a minor to a different level?" So I was making a valentines cartoon where an elderly man essentially tries to get in this 17 year olds pantaloons. It gets worse from there but I'll save that for later.

If I try and use music from the audio portal, it will seem more like that unknown song was tailored for my flash rather than the other way around. It will no longer be a concept revolving around the actual song as was part my intention. Instead the audio portal song would revolve around my visuals. It messes the whole cartoon up.

Now I used to believe you could use licensed material so long as you weren't profiting from it. But I've heard stories where Tom Fulp had to fight old Newgrounds cartoons from copyright claims. These cartoons recieved absolutely no money for their toons from anyone. So I'm in between a rock and a hard place and because of this, might not be able to finish this cartoon.

**edit** I've been thinking, is there anyway to circumvent it by having the music play on youtube while simultaneously playing my flash? Any way to program it so when the youtube video reaches a certain marker (the music starts playing) i will cause my flash to play? I'm no programmer so I don't know if somethin like this is possible

Copyright is artistically stifling **Copyright rant**


Comments

that would be a shame, because judging by the screenshot it looks pretty damn good!

Copyrights on music are dumb.
I bet the musicians behind each song would love to see a music video animated to it.

The record companies don't see a dime so they take extreme measures to ruin everyone's good time.

thats a good rhyme!

@ Frozenfire Not Metallica

Check out my latest audio favourites, and keep an eye on those artists, I had been looking some underrated users with good music some months ago.

did you read my post or what?

Couldn't agree more, I had the same problem last Christmas which eventually lead to me just scrapping the toon. As long as it's non-profit, surely it's a win/win for both the animator and the musician. The animator gets to use and pay tribute to a song they really like, and the musician gets free advertising and possibly even some people buying their music from it.

I guess I've realized why Tom has problems with it and why they can pursue lawsuits with him is because he gets ad revenue from his site. So even if the artists themselves arent receiving any money, the fact Tom hosts it on this website which does recieve money enables them to file claims.

Kind of sucks

Totally sucks. Sometimes I just think it would be nice if Newgrounds was a fairly underground place again where corporate snakes couldn't reach so we could just all put our troll faces on and tell the rest of the world to fuck off.

Its a shot in the dark but. You could try and contact winger for permission, explain your situation, love for their song and hope for the best.

At this point it couldn't hurt,

I've dropped alot of short cartoon ideas because they were based on a song, an trying to match up a song after the fact never seems to work

copy rights = the rights to copy

imo

Um, copyrights are a good thing. It doesn't matter if you profit from it or not. Pretty sure you would be mad if I borrowed something of yours without permission. I might not harm it in any way, because I'm not that kind of person. Now imagine everyone had access at all times... some people aren't so nice, others are. The point is if you don't have laws to protect your shit anyone can use it at any time for any reason, even if it harms you or your things. That song is someone's property, just like your toothbrush is your property... don't use other people's toothbrushes without their permission.

Furthermore it is not artistically stifling in the least. You have the foresight to plan your project in it's entirety. It's on you to know what you can and can't do. You're whining because you can't steal someone's property. I'm sorry you didn't understand the laws before you started but it's no one's fault but your own. Just take it as a life lesson and plan accordingly in the future. Whining about copyright laws just makes you look like a lazy, entitled prick. And as MindChamber said, just ask them for permission, they might just let you use the song.

Sorry if I came off as a dick, but this kind of thing grates on my nerves pretty badly. We're all artists here, let's get along and respect each others' creations! It never hurts to ask for permission. Sometimes you might need to fork over some money to get the rights but hey, if you want it bad enough. Just plan your projects through every step and you won't run into trouble. I wish you luck in your future projects, because it looks like you have some serious animation talent.

You're entirely wrong on so many levels. It's impossible for me to make a commentary on that music in any sort of effective or subtle way without being able to use it. If you can think of one, I'd love to hear it.

This therefore places a limit an artist can actually express himself. Something similar happened with Duchamp during his Dadaist period. People told him "an upside down urinal isn't art" and he asked "why"? From this little conversation and breaking of boundaries, new pathways into art were forged. Thankfully the company that made the urinal that Duchamp used didn't sue the artist.

Also I have no problem with others sharing my work. Stealing it on the other hand is wrong but I don't care if you use my work as long as you just give me some credit. That is the difference between stealing and sharing. You steal something and you claim it's yours when it's not. I am not doing that I'm not even looking to get ad revenue from this toon. I am just trying to express a funny idea based on that particular song in a visually appealing way. It's more of a commentary.

I know there have been multiple animations on NG that have led me to discover some rather great bands. There was a recent front page animation that featured a song by Tally Hall that I really liked but had never heard of the band before. Now I plan on buying their merchandise. I think it's safe to assume most artists would appreciate somebody creating an animation based around their music but I suppose it's not the artist one has to fight; it's the suits. There really needs to be more discussion on when companies should be allowed to peruse copyright infringement claims. Like with Tom and NG there should be verifiable proof that Tom or whomever directly benefited from a copyrighted work. There's thousands of animations and to say that somebody on here benefited from a single copyrighted work would be a weak argument inductively speaking unless one could present some very swaying facts. Of course, my knowledge of legal reasoning is average at best but our current copyright laws are not working very well and few would disagree with that.

this man knows what's up

i haven't ready everything because tldr, but,

what if someone took one of your animations, and made a song to it?

I would actually love this.

read*

jebus crips

"Stealing it on the other hand is wrong" Yeah, no shit and if you don't have their permission you are stealing. How do you not get that concept? What gives you the right to their music just because you had a funny idea about it? You are free to ask them if you can use it and you are free to purchase licensing rights of some sort. I am wrong on no levels with this issue. You are wrong on the base level and that's what is causing you this problem.

There really isn't such a thing as visual commentary. You can't just make up things to attempt to get around copyright laws.

You couldn't record yourself doing commentary for a movie and then distribute it as a package in any way... because the movie isn't your property. You could distribute your voice alone, I suppose.

It's really simple, don't attempt to use things that aren't yours or that you don't have permission to use and you don't have a problem.

Copyright laws exist for a reason. Respect that some people value their creations and don't wish for any Tom, Dick or prick to be able to use them all willy nilly.

Your argument is like saying I can go into your house and use anything belonging to you for any reason. I might just arrange your dishware in a pleasing way, or I might destroy the shit out of it. Having the protection there allows the artist to say who can enter their "house" and who can't based on who they trust or who pays them enough.

Wrong again. I don't think Winger paid money in order to sing their song. Your analogy is completely off by saying you can destroy property I spent hard earned money on. I am literally not taking any money out of Winger's pockets. The video isn't even using the whole songIt uses about a 3rd of it not even. I am going to acknowledge that this song is by Winger in the credits and probably get people to listen to a song no one has in decades.

In response to your asking for permission claim, it's a non issue. I'm not asking the permission of the artist, I'm asking for permission to the person who holds the rights to the song which more often than not is some huge record label. This isn't stopping me though as I have sent an email where I'm expecting a hasty decline from the company.

And visual commentary does exist. Plenty of video bloggers, critics, whatever have done it. I and anyone else should be able to use something (my own work included) if it is:

1. The one whos using it doesn't claim it is their work
2. The person doesn't receive any sort of compensation or finance from the work

That's it. Any other reason that it shouldn't be used is brewed out of paranoid greed.

<a href="http://www.jasonmendelson.com/wp/arch">http://www.jasonmendelson.com/wp/arch </a> ives/2010/02/why-copyright-law-is-stu pid-a-new-series.php

Example #4 applies to this pretty well actually:

"4. Incidental uses of content subject the user to infringement claims. A woman recorded her 13-month old son dancing to Prince's "Let's Go Crazy." The video (all 29 seconds of it) was posted on YouTube and immediately was subject to a DMCA takedown notice. Google complied. The mother is now suing Universal (the entity that owns the song) for violation of fair use laws."

You side with Universal music on this one I take it?

You base your arguments on "I think this", "we should be able to because of this list of made up criteria" and "other people do it" . That's not how things work. These visual commentators you described either had permission or they were doing it illegally.

Face the fact that you HAVE NO RIGHTS TO SOMEONE ELSE' INTELLECTUAL PROPERTY. If Winger gave up their rights to the song and a big record company owns it now, that was their choice. You still have to follow the law.

You have so much talent, yet you're so irrevocably stupid. I'm done, you'll never get it. You're just a self entitled prick who thinks you should be able to do whatever you want because fuck everybody else. Truly, you are a child.

When you can't prove your point, start the mud-slinging.

Clearly you've expelled all your debating ability and couldn't come up with a single justifiable point that wasn't countered. So you resort to name calling.

If your not going to engage in a productive conversation, then just come out and say it so I don't have to waste time responding to it

To sum up my view on copyright law, it is archaic and should be changed to something that is relevant to the internet age.

I proved my point, many times over. I was just trying to get through your thick skull because you would benefit from the knowledge and I liked your animations. Copyright law is fine as it is... you need to catch up with reality.

You haven't had a valid argument throughout this entire discussion. You blindly believe you get to do whatever you want just because.

The feeling is mutual and it's apparent that nothing will come of this. Let's just agree to disagree

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