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Here comes another post about copyright...

By
Real Estate Agent with HER Realtors

bubblesThey said: "Blog, blog, blog it all. Won't you blog about this song."

So I did... Here Comes Another Bubble on ActiveRain. You can't see the video there anymore. It is not on YouTube.

It was funny. It was brilliant.  It was the most viewed video on YouTube.

I first read on Sellsius Real Estate Blog that YouTube had to take it down... YouTube Removes Parody over 1 Photo.   Joe (I think this is Joe Ferrera) argues fair use.

Miss the clever parody? *** You can still see the video on Valleywag... and Owen Thomas writes about why it was taken down in  Here comes another takedown *** hmmmm you can see Here Comes Another Bubble on Valleywag but you can't see it on YouTube... because they got the DMCA.  Here's the photographer on Flickr. "another photo used without permission or credit" On Flickr 'Fetching' who I assume is Lane Hartwell wrote: "As you can see, the video has been viewed over 230,000 times so far on youtube."

Here's what Richter Scales had to say about the takedown - DMCA takedown of here comes another bubble and here's more on D: All Things Digital where Kara Swisher interviewed Tom Shields of the Richter Scales.

"Shields defends the use of all material in the very funny video, noting it is a satire and they are not making any money it, pointing to the Electronic Frontier Foundation's explanation of fair use rules.

I want my MTV... ooops wrong decade. I want my YouTube... Cut that one photo out and put it back up on YouTube....  What you didn't ask permission of any of the photographers????  Darn!

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Comments (22)

Chris Griffith
Downing-Frye Realty, Bonita Springs, FL - Bonita Springs, FL
Bonita Springs Listing Specialist - Agent
I wondered that when I saw the video,  who was going to be the big pain in the rump raise a fuss over an image or note.
Dec 13, 2007 08:29 PM
Kay Perry
Kay Perry, Broker - College Station, TX
Maureen, I haven't tried u tube yet. And copyright issues are confusing. When in doubt, I don't do anything.
Dec 13, 2007 08:47 PM
Cheryl Johnson
Highland Park, CA
That's too bad.  It was pretty clever.  I hope they snip out the offending image(s) and put it back together. 
Dec 13, 2007 09:24 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Gary it is YouTube and you can see the video here "Miss the clever parody? You can still see the video on Valleywag... and Owen Thomas writes about why it was taken down in  Here comes another takedown. <<<<<  right there same video...  

Chris I thought for sure it would be over the song.

Kay.. I use hokey images I own like my bubbles which I have a right to.  Or take photos.... I've emailed someone a few times to get permission to use an image.  Only 1 ever reesponded. 

Dec 13, 2007 09:24 PM
Chris Griffith
Downing-Frye Realty, Bonita Springs, FL - Bonita Springs, FL
Bonita Springs Listing Specialist - Agent
Me too!    
Dec 13, 2007 09:29 PM
Neal Bloom
Brokered by eXp Realty LLC - Weston, FL
Realtor CRS-Weston FL Real Estate
Interesting post...not sure about you tube copyrighting though.
Dec 13, 2007 09:55 PM
Scott Daniels Florida Real Estate 2.0. Agents Earn 100% Commission.
Florida List For Less Realty, Inc. Broker/Owner. - Cooper City, FL
Great video and so true. Loved the Webvan part. My stockbroker offered 1000 shrs of this IPO when it first came out. I`m Thankful I passed.
Dec 13, 2007 09:58 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Cheryl I wish they'd snip out the photo of Owen Thomas he says it makes him look jowly anyway.... why wouldn't he just give them a photo of himself to post... wait he has a copy of the video that is not on YouTube... YOU can see the video that was viewed on YouTube 230,000  if YOU go to Valleywag...he told the photographer about the image in the video. If they get a picture of Owen Thomas or snip out the image of Owen Thomas will the other photographers slap a DMCA on it?   

On the Richter Scale's blog  DMCA takedown of here comes another bubble they talk about finding out who owns the photos and giving credit on the video. In the video and interview on D: All Things Digital where Kara Swisher interviewed Tom Shields of the Richter Scales, it defended as fair use.

Neil I believe YouTube is in the same position as ActiveRain and all web 2.0 sites, they do not copyright the material, they don't own the marterial,  they have some policy about what can be posted and by positing you are saying you have a right to use the material.  Like the little pop-up that we get on ActiveRain as we post items.  The pop up on ActiveRain doesn't keep people from posting copyrighted material.  We go on and on about the plagiariized material but pay very little attention to the images.   The photographer filed a DMCA for the one itty bitty photo in the barrage of photos in the video. If that one photograph is removed will another photographer step forward and send YouTube a DMCA?  

Dec 13, 2007 10:21 PM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth
Maureen, with copyright issues things get posted and deposted in a blink of an eye. Sometimes people don't even know material they are using is copyrighted. Most of the time it is inconsequential and a waste of everyone's attention anyway.
Dec 14, 2007 12:08 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

So Gary are you saying it is Fair Use? Or the photographer has a legitimate beef? It was a popular video. 

Photographs, original content, Lenn's maps etc. are copyrighted by the original owner unless they have licensed it otherwise isn't it? 

The situation where one ActiveRain member was using the posts on Teresa Boardman's, Linda Davis' and Sarah  Cooper's blog's was not just photographs but it was original content too. He was syndicating it to an outside splog.  He said no harm was done because he did not make much money off the ads on the blog. He said he was giving them traffic, he said they should thank him for the traffic.  He in essence said their RSS feeds made it possible for him to post their blogs in their entirety to his blog so it was OK but he stopped posting their feeds.  He changed it so he was not posting whole feeds, he may have changed his MO to not syndicate content without permission from the owner of the content.

I personally assume everything is copyrighted unless I see something telling me otherwise, unless I have made it, bought it and paid for it.

Dec 14, 2007 12:23 AM
Nick M.
Certified Residential Appraiser- West Palm Beach Real Estate - West Palm Beach, FL
Realtor-Appraiser in West Palm-South Florida Real Estate Appraiser

Hi Marueen, thanks for the video and other links. 'babies bloggin in the womb!'.. very funny.

i think you last line in the comment above this one is right on target. well said.

Dec 14, 2007 08:08 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Hey Nick I was just thinking about you recently.  I have no idea why...  maybe I saw a pineapple.

I think the video is great, I wish they would have asked permission of each and every photographer before using photos, I sometimes wonder when I see YouTube videos how could they (person who posts it)  have a right to that... video, photo, music....

The concept of Fair Use and all the kinds of licenses is foreign to me... reading about copyright from Lenn Harley has shaped me.  I mostly ignored it when they talked about copyright on RealTalk but obviously some of what Lenn shared sunk in... I think I can attribute that last line totally to Lenn. Thanks for the comment.

Dec 14, 2007 08:27 AM
Nick M.
Certified Residential Appraiser- West Palm Beach Real Estate - West Palm Beach, FL
Realtor-Appraiser in West Palm-South Florida Real Estate Appraiser

Big M, now I must thank you for that smile.. well actually, it was an official LOL. (pineapple :)

I also wonder about the you-tube videos and shows that are posted. so many vids are from shows, movie trailers, etc, that it makes me think you tube just has the disclaimer / warning not to repost that stuff just to wipe their hands clean.

I'm with you on the last paragraph.. i'm also a foreigner to those concepts.

ps. i can get that tune out of my head.. i watched it like 5 times and now i can't fogure out why i have made 5 billion dollars yet! :)   have a great weekend..

and of course, Happiest of Holidays to you and your loved ones :)

ps. someday I can write about the person who stole my pics off my site and posted them in the MLS with my 'NM' stamp on them.. i'm going after them for the minumum of $750 per infraction, just cause i'm nice. :)

Dec 14, 2007 08:49 AM
Anonymous
john
ok nice post .. about copyrighted
Dec 14, 2007 09:35 AM
#16
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate
Ok thanks...
Dec 14, 2007 05:55 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Duh missed Nick's second... to get a song out of your head, sing 'Oh Canada' or whistle the AndyGriffin Show theme... learned that on Twitter too.  There are YouTubes of at least AGS there that Cheryl Johnson was nice enough to share.  I can't whistle...  I had to hum the theme from AGS yesterday because I had the Chicken of the Sea song caught in my head again.  The problem is when it is stuck in my head I sing it.... mostly just in private...

I think it is the same with all.  AR won't take down plagiarized material when WE complain, just give it a kersplat, no points.  I wonder if AR ever got a DMCA.  

Tell us about the photos.  Would make a good blog. 

More about the video ...  they said  "Blog, blog, blog it all. Won't you blog about this song" and so even in absentia we still blog about it... or at least one of these is showing the video...  A way to get traffic..

seems to me that the big boys all say this is not copyright infringement... 

Techcrunch - Misunderstaing Copyright Law and Ruining Everyone's Fun

Wired

 

Why Lane Hartwell is  wrong

Dec 15, 2007 07:25 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate
Photographer says there is no lawsuit.  Nothing I read made it sound like there was a lawsuit...
Dec 17, 2007 11:01 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

It is backup on YouTube with credits at the end....  here's more about it on TechCrunch

Fair use vs Free Speech 

Dec 20, 2007 09:32 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

I think it is the same with all.  AR won't take down plagiarized material when WE complain, just give it a kersplat, no points.  I wonder if AR ever got a DMCA.  

Maureen, thank you! This is the answer for the funny marks I have seen on some posts and wondered what the heck they were! I also wonder if they are for the negative content? Because one post that had it was just some ranting over a short sale with a bank and naming the bank. Thanks!!!!!!!!!!!!!!!!!!!!!!!!!!!

Feb 06, 2009 07:06 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I don't think they give kersplats for negativity.  You can give yourself a kersplat if you are going to repost someone else's content with permission.  Kersplats confuse me.

I wish people would not give themselves kersplats so it really would be a scarlet letter and so that those that post bogus content would STOP.

I was asking about Localism earlier today if they show on Localism.  I flagged a bunch of plagiarized stuff about a week ago. 

I'd assume AR has got DMCAs for some of the stuff that is posted here but maybe not.

Feb 06, 2009 08:47 AM