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Subject: Re: FLASH: OT : Copyrighted music
From: Marc Hoffman, Poison Dart Frog Media
Date: Fri, 28 Jan 2000 18:13:22 GMT

Got to disagree emphatically with this, but I really don't like the idea of
this list being used to encourage unethical or illegal practices. It's like
saying you can go into any store, shoplift whatever you like, and it's fine
as long as you don't get caught. And if you do get caught, just be sure
it's a small enough item that it doesn't constitute a felony crime, and
you'll probably get off just fine, maybe with no charges being filed at all.

The moment you create a piece of original work, you have copyright to it.
That means you alone can use that work (only exception is if you make it
for your boss under a "work for hire" basis, in which case it belongs to
your boss). The moment someone else uses that work without license from
you, they are violating copyright law and you are entitled to have them
cease using that work plus you will be entitled to monetary damages,
especially if they in any way profited from using your work.

At 07:44 AM 1/28/00 , you wrote:

>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.

Marc Hoffman

Poison Dart Frog Media: Specializing in Flash Animation and Digital Audio
Our latest Flash job is on display at <http://www.dartfrogmedia.com/rickfrnd>
See our Flash portfolio at <http://www.dartfrogmedia.com/sampler>
(featured in Flash 3 Web Animation, by Ken Milburn)

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  Re: FLASH: OT : Copyrighted music, Matt Wobensmith

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