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Do i need to ask permission to use demovisuals in non commercial event?

category: general [glöplog]
Quote:
as such, i'm glad doom stopped making demos ages ago, as this reduces the chance of me, purely by accident, actually showing them to people. we wouldn't want that to happen, now wouldn't we!


Yes, "showing a demo to someone" is exactly the same as using some of the visuals at a live DJ event. I'm glad you understand that there is no difference at all.
added on the 2009-06-02 20:32:20 by doomdoom doomdoom
you are all free to use any material released by Indianas Condomos.
added on the 2009-06-02 20:42:03 by pantaloon pantaloon
if you care, add cc license (or even just a few words on the .txt) to your demo.
rezip old prods if you must or simply put a mention on your website.

if one is comercially using a product he is obliged (in most countries atleast) to do a mininum search on its author to try and obtain right to use (or find a statement allowing free use)

undefined/unspecified/unknown licensing may or may not == public domain.

if you want to be safe with what ppl are legally allowed to do with your work then clearly mention it along with the release.

if you havent bothered then dont complain about unwritten rules, there is no legal system for this issue on most countries.

on the other hand, plenty of people are waging this "war" between the right to free culture and the right to free capitalism control (including patents and general intellectual property).
and this is a totally fucked up issue to debate under, so please educate yourself on the matter before spitting your comment to the table.

bottomline, if you care about what others do with the stuff you carelessly placed online, then get educated, goggling for lessig is a nice place to start.

im personally pro cc by-nc-sa to all my work
even though the license still has a few loopholes, but its better than void.

forcing people to assign cc licenses to all work uploaded was another of scene.org ongoing projects that didnt go anywhere due to lack of personal time. if anyone cares enough to bother saving the scene, you should mail the staff and get working.

2 cents
added on the 2009-06-02 21:33:39 by psenough psenough
Part of what makes demos special, at least for me, is the connection between the music and the visuals. Take one of them away, and you're left with something that was not the original authors intent. Apart from that, Smash has leading.
added on the 2009-06-02 22:41:36 by gloom gloom
ps: You American-oriented the-whole-world-is-America thinking non-intercontinental being you! Public domain does not exist anywhere but in the States!
added on the 2009-06-02 23:06:16 by decipher decipher
Nowadays, in most parts of the world a work is copyrighted unless you explicitly put it in the public domain (and yes, decipher, PD does exist everywhere where copyright exist. The whole point of copyright is to eventually land in the public domain; of course, Disney and the record industry think differently)

So, if a work has no license, you are not allowed to use it in any way. (Unless you can prove that everyone involved - and I mean everyone - is dead for at least 75 years)
added on the 2009-06-02 23:19:07 by Joghurt Joghurt
Oh, IANAL
added on the 2009-06-02 23:19:24 by Joghurt Joghurt
Quote:


bottomline, if you care about what others do with the stuff you carelessly placed online, then get educated, goggling for lessig is a nice place to start.

im personally pro cc by-nc-sa to all my work


PS: So I can take your stuff, put some hardcore racist nazi propaganda under it and distrubute it under cc by-nc-sa as well.

Oh - and because of the license I'll put *YOUR* name under it :-)

Good choice..

added on the 2009-06-02 23:25:12 by torus torus
torus: If you do that, you are more likely to commit a hate crime ("Volksverhetzung").
added on the 2009-06-02 23:34:48 by xyz xyz
if you really thought to recieve a "clear" aswer, you asked at the wrong place :)

The old rule is : As long you dont make benefits with it ... :)
added on the 2009-06-02 23:34:58 by _H2o_ _H2o_
(committing a..)
added on the 2009-06-02 23:35:51 by xyz xyz
Quote:
undefined/unspecified/unknown licensing may or may not == public domain.


And to elaborate:

undefined/unspecified/unknown licensing == copyrighted.

At least in 99% of all places. Details. But I don't think you need to be worried about penalties if you're using demoscene material for non-profit purposes as there are hardly any damages or lost profits to sue over. If you respect the authors' wishes when they find out (somehow sceners always find out) there probably won't even be any hard feelings. But almost everywhere in the world, unless you explicitly give the rights away (and as long as your work isn't derivative, etc.) you own the rights to anything you create, and can dictate how it is used. The exception is "fair use", which means commentary, parody, review, and that sort of thing. AFAIK you even retain the rights to your own works if you release them anonymously.
added on the 2009-06-02 23:38:57 by doomdoom doomdoom
Quote:
So I can take your stuff, put some hardcore racist nazi propaganda under it and distrubute it under cc by-nc-sa as well.

Oh - and because of the license I'll put *YOUR* name under it :-)

Good choice..


You can, but it would be in violation of the license:

Quote:
You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.


What's more interesting is the question what's meant by "non commercial". Is it commercial if you show the work/play the music at your companies xmas party? What about using it to recruit new employees or using it as a case study for your design company? To each question, some will answer "that's commercial" while others will say "no"
added on the 2009-06-02 23:40:09 by Joghurt Joghurt
gloom, yes, i'm agreed with you that music is an important part of the demo. because of that we will show two pc demosets (with sound!) before and after live dj acts, not during them. the target is to attract people and spread demoscene culture.

of course, every act is about selfpromotion, but we respect the demoauthors: we asked a permission and the demos will be shown uncut, with all intro and epilogue parts, so we promote not only ourselves acting live, we promote the demoscene too.
added on the 2009-06-03 03:49:50 by diver diver
There's no way in hell a demoscener could win a legal process for your showing their material in any way, commercial or not.
added on the 2009-06-03 07:16:22 by Hatikvah Hatikvah
The Bear is always a crowdpleaser! ;-)
added on the 2009-06-03 09:00:53 by v3nom v3nom
Quote:
There's no way in hell a demoscener could win a legal process for your showing their material in any way, commercial or not.


Why not?
added on the 2009-06-03 10:21:48 by doomdoom doomdoom
Just my $0.02: For all MindCandy DVDs (and the upcoming MC3 Blu-ray/DVD), we have **always** contacted at least one member of the demogroup (preferably all of them!) and not only asked for their permission, but asked for their commentary and also addresses where we could send free DVDs for their permission. In other words, it is the right thing to simply not be evil. We have been refused permission before, and have honored their request.

If the work doesn't have a specific license listed, ASK. Don't just assume.

added on the 2009-06-03 10:51:12 by trixter trixter
Quote:
Why not?

Kidding me?
added on the 2009-06-03 12:29:30 by Hatikvah Hatikvah
demoparties are paid events. orgas show work from others during demoshows. meaning, they EARN MONEY from SOMEONE ELSE'S WORK!!

every demoparty should ask authors for permission!!!

my two EUROcents
added on the 2009-06-03 12:47:41 by jeenio jeenio
Yeah, let's all make a big deal out of this kid wanting to show some demos to his friends at a local party! That's the outreach spirit we need!
added on the 2009-06-03 13:00:24 by okkie okkie
Dude, you don't get it. Nowadays you need this to make a demo:

BB Image
added on the 2009-06-03 13:09:06 by Rob Rob
Just show BITS prods.
added on the 2009-06-03 13:15:36 by xeron xeron
("There's no way in hell a demoscener could win a legal process for your showing their material in any way, commercial or not.")

doom: The non-trolling answer that Stefan probably isn't thinking of is: "because any act of copyright infringement that's blatant enough to be worth going to court over, will be settled out-of-court by any defendant with half a brain". Same reason that the GPL was never tested in court until a year or two ago.

(Alternatively, if you count a favourable out-of-court settlement as "winning a legal process", then it's *probably* already happened - Tempest vs Timbaland, obviously)
added on the 2009-06-03 13:27:17 by gasman gasman
But does permission need to ask you to use non commercial events in demovisuals?
added on the 2009-06-03 14:00:18 by xernobyl xernobyl

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