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Is this copyright infringement?

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Comments

  • @JohnnyGoodyear said:

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    Instrument manufacturers seem to make a point of prominently displaying their logos exactly where the audience will see them, so why would a software instrument be any different in regards to seeing their logos? Just throwing that out there.

    Sorry. I understand the Fear of Lawyers here, but this is just not common sense (not you Toz, the overall Fear). Do you think if I am making a movie and I have a scene where my wife drives up in a car I need to put tape over the Audi logo in case of copyright infringement? No.

    Exactly.

  • @JohnnyGoodyear said:

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    Instrument manufacturers seem to make a point of prominently displaying their logos exactly where the audience will see them, so why would a software instrument be any different in regards to seeing their logos? Just throwing that out there.

    Sorry. I understand the Fear of Lawyers here, but this is just not common sense (not you Toz, the overall Fear). Do you think if I am making a movie and I have a scene where my wife drives up in a car I need to put tape over the Audi logo in case of copyright infringement? No.

    Depends what you're doing in the film, if your wife was dressed as Hitler you'd find yourself in court quicker than you can say 'brand awareness'.

    Companies spend billions every year creating the perfect image for their target audience, the last thing they want is some weirdo like me showing what an awful racket you can get from an iMS20, whereas they'd be happy with a Doug vid.

    In most cases companies will turn a blind eye to their company brand being splashed across social media, but you can't bank on it.

    Trust me on this, I used to be in charge of a major computer company brand, and they could get very, very nasty if you fucked with it.

  • @MonzoPro said:

    @JohnnyGoodyear said:

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    Instrument manufacturers seem to make a point of prominently displaying their logos exactly where the audience will see them, so why would a software instrument be any different in regards to seeing their logos? Just throwing that out there.

    Sorry. I understand the Fear of Lawyers here, but this is just not common sense (not you Toz, the overall Fear). Do you think if I am making a movie and I have a scene where my wife drives up in a car I need to put tape over the Audi logo in case of copyright infringement? No.

    Depends what you're doing in the film, if your wife was dressed as Hitler you'd find yourself in court quicker than you can say 'brand awareness'.

    Companies spend billions every year creating the perfect image for their target audience, the last thing they want is some weirdo like me showing what an awful racket you can get from an iMS20, whereas they'd be happy with a Doug vid.

    In most cases companies will turn a blind eye to their company brand being splashed across social media, but you can't bank on it.

    Trust me on this, I used to be in charge of a major computer company brand, and they could get very, very nasty if you fucked with it.

    We're not talking about fucking with it though. We're talking about using it for its designated purpose (the car, the synth etc). Anyway, I sense this is a chatter more easily/likely had in passing over a cuppa than anything likely to be sorted here (because it is not really sortable as anyone can be sued for anything...)

  • @JohnnyGoodyear said:

    @MonzoPro said:

    @JohnnyGoodyear said:

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    Instrument manufacturers seem to make a point of prominently displaying their logos exactly where the audience will see them, so why would a software instrument be any different in regards to seeing their logos? Just throwing that out there.

    Sorry. I understand the Fear of Lawyers here, but this is just not common sense (not you Toz, the overall Fear). Do you think if I am making a movie and I have a scene where my wife drives up in a car I need to put tape over the Audi logo in case of copyright infringement? No.

    Depends what you're doing in the film, if your wife was dressed as Hitler you'd find yourself in court quicker than you can say 'brand awareness'.

    Companies spend billions every year creating the perfect image for their target audience, the last thing they want is some weirdo like me showing what an awful racket you can get from an iMS20, whereas they'd be happy with a Doug vid.

    In most cases companies will turn a blind eye to their company brand being splashed across social media, but you can't bank on it.

    Trust me on this, I used to be in charge of a major computer company brand, and they could get very, very nasty if you fucked with it.

    We're not talking about fucking with it though. We're talking about using it for its designated purpose (the car, the synth etc). Anyway, I sense this is a chatter more easily/likely had in passing over a cuppa than anything likely to be sorted here (because it is not really sortable as anyone can be sued for anything...)

    The point I'm trying to get across, is that the person fucking, or not fucking with another company's logo is not the one who gets to decide whether it's being fucked. You don't have personal insight on how a particular company wishes to be portrayed, so you don't know if you're overstepping the line.

    So if it was me, I wouldn't risk it.

    As I said at the beginning, it's highly unlikely it would be an issue in this case, but saying it's absolutely fine to do so is bad advice.

  • @MonzoPro said:

    @JohnnyGoodyear said:

    @MonzoPro said:

    @JohnnyGoodyear said:

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    Instrument manufacturers seem to make a point of prominently displaying their logos exactly where the audience will see them, so why would a software instrument be any different in regards to seeing their logos? Just throwing that out there.

    Sorry. I understand the Fear of Lawyers here, but this is just not common sense (not you Toz, the overall Fear). Do you think if I am making a movie and I have a scene where my wife drives up in a car I need to put tape over the Audi logo in case of copyright infringement? No.

    Depends what you're doing in the film, if your wife was dressed as Hitler you'd find yourself in court quicker than you can say 'brand awareness'.

    Companies spend billions every year creating the perfect image for their target audience, the last thing they want is some weirdo like me showing what an awful racket you can get from an iMS20, whereas they'd be happy with a Doug vid.

    In most cases companies will turn a blind eye to their company brand being splashed across social media, but you can't bank on it.

    Trust me on this, I used to be in charge of a major computer company brand, and they could get very, very nasty if you fucked with it.

    We're not talking about fucking with it though. We're talking about using it for its designated purpose (the car, the synth etc). Anyway, I sense this is a chatter more easily/likely had in passing over a cuppa than anything likely to be sorted here (because it is not really sortable as anyone can be sued for anything...)

    The point I'm trying to get across, is that the person fucking, or not fucking with another company's logo is not the one who gets to decide whether it's being fucked. You don't have personal insight on how a particular company wishes to be portrayed, so you don't know if you're overstepping the line.

    So if it was me, I wouldn't risk it.

    As I said at the beginning, it's highly unlikely it would be an issue in this case, but saying it's absolutely fine to do so is bad advice.

    @MonzoPro is absolutely right. Especially his last sentence.

    Also, if Audi doesn't want their car in your movie do you think you have a choice?

    There was a recent case where a video producer used a photo he was told was stock in a TV spot. Too bad the photographer saw it. And it wasn't stock. Guess what? Lawsuit.

    I am also aware of a photo of a town square being used in an ad. Town said it was OK. The sculptor whose work was on the town square had not cleared his statue for such use. Guess what? Lawsuit.

    The point is, the average layman hasn't a clue about copyright law.

  • @JohnnyGoodyear said:

    @MonzoPro said:

    @JohnnyGoodyear said:

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    Instrument manufacturers seem to make a point of prominently displaying their logos exactly where the audience will see them, so why would a software instrument be any different in regards to seeing their logos? Just throwing that out there.

    Sorry. I understand the Fear of Lawyers here, but this is just not common sense (not you Toz, the overall Fear). Do you think if I am making a movie and I have a scene where my wife drives up in a car I need to put tape over the Audi logo in case of copyright infringement? No.

    Depends what you're doing in the film, if your wife was dressed as Hitler you'd find yourself in court quicker than you can say 'brand awareness'.

    Companies spend billions every year creating the perfect image for their target audience, the last thing they want is some weirdo like me showing what an awful racket you can get from an iMS20, whereas they'd be happy with a Doug vid.

    In most cases companies will turn a blind eye to their company brand being splashed across social media, but you can't bank on it.

    Trust me on this, I used to be in charge of a major computer company brand, and they could get very, very nasty if you fucked with it.

    We're not talking about fucking with it though. We're talking about using it for its designated purpose (the car, the synth etc). Anyway, I sense this is a chatter more easily/likely had in passing over a cuppa than anything likely to be sorted here (because it is not really sortable as anyone can be sued for anything...)

    If you do convince your wife to dress as Hitler...could you PM me some advice?

  • edited April 2017

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    No, there's no point. It's fair use, you own the actual, physical instrument. They sold you the instrument with the logo on it, you use your instrument wherever and whenever you want. About real, hardware instruments, I pretty sure there's no issue at all, because you actually own it.

    Software instruments, plug-ins, DAW's etc., are in a different realm, though: you don't buy them, you buy a license to use them, and usually it's a license plenty of limitations. If it's not clearly stated in the lincense that you can feature the GUI of the instrument in your promotional video, it's a grey area I really don't want to be into, since I monetize all my Youtube videos.

    I decided to re-edit the video and remove any visual reference to the software (it was iPolysix) because I used a DR-5 to control it via MIDI, and I just found out I recorded the performance, so I'll use that footage instead. Of course, in this case, I didn't and won't care to hide or cover anything. ;)

    Thank you all!

  • @JeffChasteen said:

    @JohnnyGoodyear said:

    @MonzoPro said:

    @JohnnyGoodyear said:

    @TozBourne said:
    I see several sides of this; but what came foremost to my little mind is this: If I video record a performance of me playing my Yamaha Keyboard (or whatever brand) I'm not going to cover their logo with tape... but to be safe, maybe I should? I don't think I've ever seen this, but with weird copyright laws, who really knows what should be done?

    Instrument manufacturers seem to make a point of prominently displaying their logos exactly where the audience will see them, so why would a software instrument be any different in regards to seeing their logos? Just throwing that out there.

    Sorry. I understand the Fear of Lawyers here, but this is just not common sense (not you Toz, the overall Fear). Do you think if I am making a movie and I have a scene where my wife drives up in a car I need to put tape over the Audi logo in case of copyright infringement? No.

    Depends what you're doing in the film, if your wife was dressed as Hitler you'd find yourself in court quicker than you can say 'brand awareness'.

    Companies spend billions every year creating the perfect image for their target audience, the last thing they want is some weirdo like me showing what an awful racket you can get from an iMS20, whereas they'd be happy with a Doug vid.

    In most cases companies will turn a blind eye to their company brand being splashed across social media, but you can't bank on it.

    Trust me on this, I used to be in charge of a major computer company brand, and they could get very, very nasty if you fucked with it.

    We're not talking about fucking with it though. We're talking about using it for its designated purpose (the car, the synth etc). Anyway, I sense this is a chatter more easily/likely had in passing over a cuppa than anything likely to be sorted here (because it is not really sortable as anyone can be sued for anything...)

    If you do convince your wife to dress as Hitler...could you PM me some advice?

    Leave your money on the dresser was the best advice I ever heard...

  • edited April 2017

    It's not copyright infringement. You're creating a new performance, which is an art piece in itself. Which means you're not copying, you're creating.

This discussion has been closed.