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Subject: Re: FLASH: OT : Audio and copyright issues
From: intertwine
Date: Mon, 31 Jan 2000 15:25:06 GMT

Hi Matt

OT here but you did mention that you could name a few audio programs.
Unfortunately the budget would be handy at starting at zero. I am planning
to rattle up my sounds using a midi keyboard(still deciding what keyboard to
purchase) and messing around with the midis in the said mentioned audio
programs.
Does this sound feasible? What do all the rest of you do for creating your
own sounds? We are talking small scale here. I don't think the MD is going
to finance a flat out recording studio!!!

Thank you

Shaun Brazier

P.S I have to agree with Marc on the copyright issue. No offence to anyone
intended here, but as developers, surely we shouldn't be promoting the
unlawful use of other developers developments? And I certainly wouldn't
want to see any newbies being mislead into corruption due to dodgy advice
from people who should surely no better.
----- Original Message -----
From: Matt Wobensmith <mwobensmithatmacromedia [dot] com>
To: <flasheratchinwag [dot] com>
Sent: Friday, January 28, 2000 3:44 PM
Subject: Re: FLASH: OT : Copyrighted music


RE: copyrighted music.

As it goes, simply using copyrighted music in a piece tends not to be the
problem. If this is a high-profile site, where money is being made and
branding is happening using material that belongs to someone else, this
could be a problem.

Realistically, anyone can really do whatever they want. If you sample a
snippet of a piece of music, there is something called "fair use" and
artistic interpretation. If the sample is recognizable, it falls into the
category of the first paragraph here - beware. If you take something and
manipulate it into something new, there's little to no chance anyone will
notice or care.

For someone to object, and try to bring suit, they would have to prove
either that you stole their idea, diluted their brand (or concept) identity,
or tried to mislead the public.

There have been many recent examples of artists borrowing, sampling,
spoofing and just interpreting others' music. For an offended party to take
legal action, there has to be a good reason for them, in terms of monetary
damages or image deprecation. If you're just a small business with a
relatively obscure site, using a sample of "Inna Gadda Da Vida" on a button
rollover, I just wouldn't worry about it. If you sample the theme song to a
Pepsi commercial, you better make your movie a spoof (there are specific
legal artistic freedoms attached to parody) and not a dead-on copycat. That
kind of stuff makes "them" mad, especially if used with content that could
bring angry customers to complain.

The best approach is to make something unique. This avoids the whole
minefield. There are lots of sound apps and such out there to play with. I
can give suggestions if you mention what platform you're on, and what your
budget is - even if it's "no budget at all".

Licensing (for bigger clients) is also a possibility - just be aware that
licensing a piece of music from any decent-sized record company can be
cost-prohibitive. It may or may not be worth it. If you want to ask DGC to
for a one-time license of "Smells Like Teen Spirit", you may have to sell
your home. A smaller label may be more reasonable, or even allow you to do
it for free (if they're just plain flattered).

There are many sites that have downloadable sound clips - free, low-cost,
and otherwise - and the list below is just a tiny sample. Give them a try.

http://www.mc-des.com/corp/dev/link/sound.htm
http://www.music4flash.com
http://www.deusx.com
http://www.flashsound.com


-Matt

---------------
Matt Wobensmith
Macromedia Tech Support
Flash Team Lead

----------
>From: Angeline Geronimo <ageronimoatiscgnetwork [dot] com>
>To: "'flasheratchinwag [dot] com'" <flasheratchinwag [dot] com>
>Subject: FLASH: OT : Copyrighted music
>Date: Fri, Jan 28, 2000, 9:09 AM
>

>Hello again!
>
>Am I getting through on this list at all? I didn't get any e-mail from the
>list yesterday and today (friday). But anyways I have an off-topic
question
>here regarding copyrighted music. My client wants to have a snip-it from a
>CD he has. Do I contact the CD company to see if it's ok to get that snip
>it and does anyone know a web site regarding this information.
>
>Thanks,
>Angie
>
>Angeline D. Geronimo
>Web Designer
>ageronimoatiscgnetwork [dot] com
>I.S. Consulting Group, LLC
>"Bridging the Gap Between Technology and Business"
>Tel : (702) 914 - 7510
>Fax : (702) 914 - 7509
>Http://www.iscgnetwork.com
>
>
>flasher is generously supported by...
>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> flashforward2000 and The Flash Film Festival
> "The World's Premier Flash Solutions Conference and Expo"
> March 27-29, Nob Hill Masonic Center, San Francisco, California
>
>-Register before Feb 25 and save $200!!-- www.flashforward2000.com
>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>To unsubscribe or change your list settings go to
>http://www.chinwag.com/flasher or email helpatchinwag [dot] com
>

flasher is generously supported by...
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
flashforward2000 and The Flash Film Festival
"The World's Premier Flash Solutions Conference and Expo"
March 27-29, Nob Hill Masonic Center, San Francisco, California

-Register before Feb 25 and save $200!!-- www.flashforward2000.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To unsubscribe or change your list settings go to
http://www.chinwag.com/flasher or email helpatchinwag [dot] com






flasher is generously supported by...
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
flashforward2000 and The Flash Film Festival
"The Worlds Premier Flash Solutions Conference and Expo"
March 27-29, Nob Hill Masonic Center, San Francisco, California

-Register before Feb 25 and save $200!!-- www.flashforward2000.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To unsubscribe or change your list settings go to
http://www.chinwag.com/flasher or email helpatchinwag [dot] com


Replies
  Re: FLASH: OT : Audio and copyright issu, Clodagh O'Donovan

Replies
  Re: FLASH: OT : Copyrighted music, Matt Wobensmith

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