Alizée and America - Page 34

Ben · #**331** 08-03-2008, 04:01 PM

I'm not an expert, though I did take a graduate course on intellectual property, and from the understanding I gathered there, while it's getting to the point where record companies and other copyright holders can do pretty much whatever they want these days, I think this is a pretty strong case of fair use:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
It's non-profit, and in fact any commercial motivation is to help the copyright holders.

2. the nature of the copyrighted work;
It's a commercial product, yes, but the two full tracks are avalible for free on TV, Alizée's MySpace, etc. And none of her music has been officially released yet in this country.

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
The other three tracks are 1:30 samples. The entire disc runs under 12 and a half minutes.

4. and the effect of the use upon the potential market for or value of the copyrighted work.
Looking back on all the other answers, it's pretty obvious that this can only help.

-----

Really though, none of that matters because if Sony was unhappy I'd stop immediately. It all goes back to that communication issue again. They have to let us know what they want! Is that a defense in court? No, of course not, but I've actually heard a few encouraging things through the grapevine...

Keep in mind this was part of what helped her in Mexico. Yes, the laws are much much weaker there, but Sony has seen the benefit this type of marketing has. And copyright law really only matters to the extent the holders wish to carry it.

We'll see. It's a risk I'm willing to take for the moment.

Hmm, should I also mention that my father's a District Attorney?

Amigo! · #**332** 08-03-2008, 04:03 PM

Quote:

Originally Posted by TheBarrett

Oh yeah? I don't see you doing anything!

In time my good man... In time

lefty12357 · #**333** 08-03-2008, 04:21 PM

Quote:

Originally Posted by Snatcher42

I'm not an expert, though I did take a graduate course on intellectual property, and from the understanding I gathered there, while it's getting to the point where record companies and other copyright holders can do pretty much whatever they want these days, I think this is a pretty strong case of fair use:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
It's non-profit, and in fact any commercial motivation is to help the copyright holders.

2. the nature of the copyrighted work;
It's a commercial product, yes, but the two full tracks are avalible for free on TV, Alizée's MySpace, etc. And none of her music has been officially released yet in this country.

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
The other three tracks are 1:30 samples. The entire disc runs under 12 and a half minutes.

4. and the effect of the use upon the potential market for or value of the copyrighted work.
Looking back on all the other answers, it's pretty obvious that this can only help.

-----

Really though, none of that matters because if Sony was unhappy I'd stop immediately. It all goes back to that communication issue again. They have to let us know what they want! Is that a defense in court? No, of course not, but I've actually heard a few encouraging things through the grapevine...

Keep in mind this was part of what helped her in Mexico. Yes, the laws are much much weaker there, but Sony has seen the benefit this type of marketing has. And copyright law really only matters to the extent the holders wish to carry it.

We'll see. It's a risk I'm willing to take for the moment.

Hmm, should I also mention that my father's a District Attorney?

Well Snatcher, that makes me feel better about the whole thing. I really think this is a great idea and I want it to happen, as long as you aren't hurt in the process.

TheBarrett · #**334** 08-03-2008, 04:27 PM

Quote:

Originally Posted by Amigo!

In time my good man... In time

I expect you and the rest of the Californians to do your part and help me and AC!

Anyways we have our own sample CD for our side of the coast, I don't know if AC wants me leaking the entire cover, etc. But we have it ready, he's already busted 500 USD on 300 burned copies of 10 song excerpts each.

As said with Snatcher, this must be done, as this will only help, and if authorities want to blame anyone, they can blame me, give them another reason to mock the English, heh, why not.

Ben · #**335** 08-03-2008, 04:35 PM

Btw Barrett, did you end up going with a mix of old and new songs like you planned? I didn't for a number reasons, the most major being that I wanted to fit all the track information on the CD label, and so as not to have to worry about dealing with two record companies.

This isn't necessarily the only disc I'll make though.

Quote:

Originally Posted by lefty12357

Well Snatcher, that makes me feel better about the whole thing. I really think this is a great idea and I want it to happen, as long as you aren't hurt in the process.

Thanks for your concern Lefty, I appreciate it. Trust me, I will be watching for any red flags. Again, I just wish we could work more closely with Sony on this, like they do now in Mexico. I don't know how much they care about pushing her here, but it's something to look into and work on.

I should also add that if this were ever to become an issue (which I don't think it will), then I will best be served by having remained transparent about it, and not suspiciously hiding behind anonymity. Being open makes the intent and motivation all the clearer.

TheBarrett · #**336** 08-03-2008, 04:52 PM

Quote:

Originally Posted by Snatcher42

Btw Barrett, did you end up going with a mix of old and new songs like you planned? I didn't for a number reasons, the most major being that I wanted to fit all the track information on the CD label, and so as not to have to worry about dealing with two record companies.

This isn't necessarily the only disc I'll make though.

Thanks for your concern Lefty, I appreciate it. Trust me, I will be watching for any red flags. Again, I just wish we could work more closely with Sony on this, like they do now in Mexico. I don't know how much they care about pushing her here, but it's something to look into and work on.

I should also add that if this were ever to become an issue (which I don't think it will), then I will best be served by having remained transparent about it, and not suspiciously hiding behind anonymity. Being open makes the intent and motivation all the clearer.

Yeah we did burn 2 and 2 from the previous albums, and 5 from the current. This might be something to deal with, but we'll see how it goes, if we catch a feel for any bad wind, then we might cross them out. AC's already sent several sampler discs to some radio stations in San Diego (so he says), hopefully that will work out for the best.

Our goal is preferably to give everyone a complete run-through Alizée, not abandoning the past of course, but yes, that will be a hassle if both companies have a bit of a problem with us. I'll definitely tell AC to add notification for its promotional use and non-affiliation with the companies.

I'll have to look into the matter a bit more, but we'll see how it goes.

rcs · #**337** 08-03-2008, 06:25 PM

Hey Barrett - Are the songs sent to the radio stations just excerpts to get the stations interested; whereby, they will have to get their own disc? Or, are there 10 full songs randomly picked from all 3 of her albums ready to rock the air-waves? Also, when do you plan to come to San Diego?

TheBarrett · #**338** 08-03-2008, 06:38 PM

Quote:

Originally Posted by rcs

Hey Barrett - Are the songs sent to the radio stations just excerpts to get the stations interested; whereby, they will have to get their own disc? Or, are there 10 full songs randomly picked from all 3 of her albums ready to rock the air-waves? Also, when do you plan to come to San Diego?

Nope, they are just excerpts. Most the songs are 1:25. Three of which are a bit lengthened to include some more, ACC is one of these, I think it's 1:40. It's 2 songs from Gourmandises, 2 from MCE, and 5 from Psychedelices plus La Isla Bonita. All of which are excerpts no longer than 2 minutes.

Plus I won't be heading to San Diego, I can't live on that, i've got a budget so I feed off of others, i'm planning to stay with a relative and a friend in the Ventura County area. Octboer 28th..

tbailey · #**339** 08-03-2008, 08:59 PM

i would say something regarding the legal issues of the promotion but it's actually against the ABA rules of professional conduct for a law student to give legal advice if in fact i have no license to practice

anyway i haven't taken courses regarding copyright laws

but i'm pretty sure i can say this: Snatcher if your dad is a district attorney i think it would be a good idea to consult with him just to be on the safe side

or somebody seek real legal counsel on this issue - if there's a lawyer on this forum then perhaps you can speak up

Ben · #**340** 08-03-2008, 09:27 PM

Maybe we can side step the whole issue by contacting Sony...

Anyway, to lighten the mood... The other day I was thinking about the URL I registered for LTNY on Facebook - ltny.hitart.com. I read the domain as "hit art", but do you think it could be a problem if people think "hi tart" instead?

Then again, given her background with Mylene Farmer, maybe that play on words is appropriate.