Query deleted as not required any more. Thanks.
running a Forum query
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Re: running a Forum query
Because it is good local info which is interesting for people to see. The video is on utube anyway. All we have done is bring them to our site which makes it easier to see the videos. I just cannot see why this gut wants the video removing. I want to know about the legal position of my website that is all.
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Re: running a Forum query
Basically you can not post videos of people without their consent. He has rights. And he could sue for breach of copyright.
As hes the copy right holder of his performances he can sue if you post those performances on a website as a video without his consent. It be no different to posting music on a site for people to download without the artists consent.
Prior to posting videos of street performer's who own copyright of their street performances or characters they created for the performance, you should seek written consent so they are aware of what your doing and can freely sign a consent form granting you permission to post videos of their performance on the site and you-tube.
Put it this way, if someone filmed you on the street doing your shopping and posted it on you tube without your consent, would you be happy about it.
The video may well already be on you-tube with the performers permission, or he/she may not have been aware it was already on their and just assumed you posted on you tube to stream via your forum.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRR
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Re: running a Forum query
Originally posted by marsaday View PostI am not sure about the utube clips, they are open access and you contol whether they can be screened on another site via ENABLING or DISABLING. We dont have ads on the site and so we can display the utube clips. It just seems so strange when this guy has a facebook page and twitter account with loads of followers. Why would he object to a local website carrying a video about him and a few sentances saying who he was ? - Just because the poster of the video to youtube enabled it to be streamed, it doesn't mean a person has automatic rights to do so without consent. Not only that whose to say the poster had the street performers permission to post a video of him in the first place. If its the street performer himself that posted it to you tube, then maybe he enabled streaming for those that he gave permission to stream on there sites. As for facebook and twitter, well they are simply his own marketing portals so its irrelevant to the situation at hand.
So if i go and film him publicly performing and put it on the site i can use this ? I am the copywriter. So if i use a video which is not his i can also use it. He may not like it, but legally he cannot stop me. - No your not the copyright owner, you would be filming him and his creation/performance for which he is the artist off and therefore copyright holder. You can not film anyone without their consent by law.
I am annoyed by this because i am a local person and he makes money from us local people and yet he isnt willing to engage with the community (via my website). I have a good mind to delete his video and tell everyone what he has asked me to do and propose everyone stops supporting his displays. I suppose this will be legally wrong as well. - Isn't willing to engage with the community! Thats ridiculous, what do you think he does when hes in the street performing. Just because he makes a living out of it it doesn't give you or anyone else the right to breach he's rights or his copyright or image rights.
Respect the guys rights to not have his copyrighted materiel videoed and/or posted up on your site without his consent. Asking for consent is after all only being polite!
I know you feel hard done by after putting all the work in to the site, but did you actually consider the rights of the performers or consult them about it prior to doing it!Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRR
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Re: running a Forum query
IMO,,the man has told you he does not want to be part of the film you are making,,thats his right,it's his image,he has sole ownership of it,surely you can find something or someone else of public interest to show on your video rather than engaging in a petty arguement because you want your own way.
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