I accurately anticipated that AS A MATTER OF POLICY, YouTube might comply with such a request even if YouTube believed there was no copyright violation.
YouTube has no legal obligation to comply with the request is it does not believe copyrights are being violated.
And a decision of YouTube to remove the video is not a legal determination of copyright infringement.
A notice that it appears with permission is respectful. When I have produced video content of copyrighted material (music that occurs only in rental form because the copyright is with the composer or publisher), it is important to get permission and get a license (even if the fee is small) because some publishers WILL issue cease & disist letters. It is jsut an issue of respect and ethics. It's all okay to distribute material like this if it is due credited as to whose content it was.
This comment is laughable because as youtube already notified the VdGSA, they could request that it is taken down and youtube would do it. Why would the VdGSA waste it's time anyway with a court anyway? The point is - for fair use, just ask permission. Fairness IS the issue her. Why is it more ethical to take content off of their site, repost it on here, and then not ask permission? Why can't the originator of the content be shown some respect? That is all I staed with my original comment.
If YouTube declined VdGSA's request or followed the DMCA, VdGSA would have no recourse but to either (1) fold it's weak hand or else (2) waste the time it HAS and the money it does NOT have to petition a federal district court to grant injunctive relief. The only way they could possibly prevail is if the defendant failed to appear to argue that Fair Use applies.
The point is that under Fair Use, NO PERMISSION IS REQUIRED.
Since VdGSA has already granted permission to EVERYONE to copy the video from it's website, GRATIS, why would ANYONE need additional permission to share the video with others, via YouTube, email, or any other means?
The apparent purpose of distributing these instructional/informational videos is to promote the viol. What difference does it make how the videos are distributed?
It is their intellectual property that has posted here and this user should have 1) asked their permission to post it (and I know from their former webmaster this is NOT the case) & 2) properly credited them as the source of this video (which woud have been nice to have used the higher-res source video so that the quality would not be so bad when upsizing it.
Legally and factually, your assertions make no sense.
Even if John Mark's video is the "intellectual property" of VdGSA (which seems unlikely), VdGSA already permits free downloads of this and other instructional/informational videos.
Since VdGSA's purpose is promotion of the viol, why would permission be needed to upload the video to YouTube?
As for "proper crediting" you believe necessary, the uploader has already identified John Mark and provided the VdGSA link to the video.
Legally - They never saught permission to use VdGSA produced content in their youtube channel -- and yes, it was the VdGSA who paid to produce the video. When you can produce excerpts of the copyright law that gives free license to use others content, more power to you. The VdGSA would likely give permission if they had been asked (which I know this user hadn't because a colleague on the VdGSA board mentioned it to me).
The VdGSa still has the right (after they contacted youtube) to have the video taken down. They won't do this of course, but if you look at the VdGSA site there is no creative commons license or free rights permissions there. The rights still stay with the party that creates the content. I'm not arguing this in regards to fees or license fees. just getting ethical permission.
You do not seem to grasp the legal concept of FAIR USE of copyrighted material.
UNDER FAIR USE, NO PERMISSION OF ANY KIND IS NEEDED.
Paying someone to create a video is not the same as creating it. The copyright belongs to the creator unless and until he assigns it to someone else. But since Fair Use applies, it doesn't matter who holds the copyrights.
Legally - The copyright belongs to the person who created the video, not the person who paid to have it created, unless the creator transfers his copyright. In any case, under the Fair Use laws, no permission is needed to post this video on YouTube for the purpose of discussion.
Legally - VdGSA will not be able to persuade a judge that Fair Use does not apply when a judge learns that (1) VdGSA is a non-profit entity that exists to promote the viol, (2) VdGSA already allows anyone to download this instructional/informational videos gratis, (3)uploading to YouTube furthers VdGSA's purpose of promoting the viol,(4) no one is profiting from the upload.
VdGSA's petition would be denied and VdGSA would be ordered to pay the defendant's legal expenses.
sorry i was in japan then i didn't took time to answer...as other said it is not again this teacher or the viol...i love viol and i'd like that it would be known by more people in the world thanks to youtube...i believed to be respectfull...
I'm really amazed of the balance of students playing in this video. It seems that Mr. Rozendaal has put lot of effort on this balance aspect. I wish i have had teacher like him.
What's all this arguing? This video is rubbish anyway...
PaoloLegnetti 1 year ago
@PaoloLegnetti
Thank you for your helpful thoughts,
John Mark Rozendaal
jmrozendaal 1 year ago
Why is my comment laughable?
I accurately anticipated that AS A MATTER OF POLICY, YouTube might comply with such a request even if YouTube believed there was no copyright violation.
YouTube has no legal obligation to comply with the request is it does not believe copyrights are being violated.
And a decision of YouTube to remove the video is not a legal determination of copyright infringement.
wcbroccoli 3 years ago
A notice that it appears with permission is respectful. When I have produced video content of copyrighted material (music that occurs only in rental form because the copyright is with the composer or publisher), it is important to get permission and get a license (even if the fee is small) because some publishers WILL issue cease & disist letters. It is jsut an issue of respect and ethics. It's all okay to distribute material like this if it is due credited as to whose content it was.
phillipwserna 3 years ago
As a matter of policy, YouTube might comply with such a request even if YouTube believed there was no copyright violation.
Alternatively, YouTube could follow DMCA and let VdGSA and the poster duke it out in court.
wcbroccoli 3 years ago
This comment is laughable because as youtube already notified the VdGSA, they could request that it is taken down and youtube would do it. Why would the VdGSA waste it's time anyway with a court anyway? The point is - for fair use, just ask permission. Fairness IS the issue her. Why is it more ethical to take content off of their site, repost it on here, and then not ask permission? Why can't the originator of the content be shown some respect? That is all I staed with my original comment.
phillipwserna 3 years ago
If YouTube declined VdGSA's request or followed the DMCA, VdGSA would have no recourse but to either (1) fold it's weak hand or else (2) waste the time it HAS and the money it does NOT have to petition a federal district court to grant injunctive relief. The only way they could possibly prevail is if the defendant failed to appear to argue that Fair Use applies.
wcbroccoli 3 years ago
The point is that under Fair Use, NO PERMISSION IS REQUIRED.
Since VdGSA has already granted permission to EVERYONE to copy the video from it's website, GRATIS, why would ANYONE need additional permission to share the video with others, via YouTube, email, or any other means?
The apparent purpose of distributing these instructional/informational videos is to promote the viol. What difference does it make how the videos are distributed?
wcbroccoli 3 years ago
This video has been posted without the permission of the gamba society - you might want to contact them.
phillipwserna 3 years ago
What does the gamba society have to do with it?
WillPX69 3 years ago
It is their intellectual property that has posted here and this user should have 1) asked their permission to post it (and I know from their former webmaster this is NOT the case) & 2) properly credited them as the source of this video (which woud have been nice to have used the higher-res source video so that the quality would not be so bad when upsizing it.
phillipwserna 3 years ago
Legally and factually, your assertions make no sense.
Even if John Mark's video is the "intellectual property" of VdGSA (which seems unlikely), VdGSA already permits free downloads of this and other instructional/informational videos.
Since VdGSA's purpose is promotion of the viol, why would permission be needed to upload the video to YouTube?
As for "proper crediting" you believe necessary, the uploader has already identified John Mark and provided the VdGSA link to the video.
wcbroccoli 3 years ago
Just because John Mark's video is posted on the VdGSA website does not make the video the intellectual property of VdGSA.
wcbroccoli 3 years ago
No permission is necessary.
wcbroccoli 3 years ago
Legally, under Fair Use, no permission is necessary.
VdGSA is a non-profit organization that exists for the stated purpose of promoting the viol.
VdGSA invites anyone to download this and many other instructional/informational videos from the VdGSA website, gratis.
Uploading the video to YouTube merely furthers VdGSA's stated purpose of promoting the viol.
wcbroccoli 3 years ago
Legally - They never saught permission to use VdGSA produced content in their youtube channel -- and yes, it was the VdGSA who paid to produce the video. When you can produce excerpts of the copyright law that gives free license to use others content, more power to you. The VdGSA would likely give permission if they had been asked (which I know this user hadn't because a colleague on the VdGSA board mentioned it to me).
phillipwserna 3 years ago
The VdGSa still has the right (after they contacted youtube) to have the video taken down. They won't do this of course, but if you look at the VdGSA site there is no creative commons license or free rights permissions there. The rights still stay with the party that creates the content. I'm not arguing this in regards to fees or license fees. just getting ethical permission.
phillipwserna 3 years ago
You do not seem to grasp the legal concept of FAIR USE of copyrighted material.
UNDER FAIR USE, NO PERMISSION OF ANY KIND IS NEEDED.
Paying someone to create a video is not the same as creating it. The copyright belongs to the creator unless and until he assigns it to someone else. But since Fair Use applies, it doesn't matter who holds the copyrights.
wcbroccoli 3 years ago
Legally - The copyright belongs to the person who created the video, not the person who paid to have it created, unless the creator transfers his copyright. In any case, under the Fair Use laws, no permission is needed to post this video on YouTube for the purpose of discussion.
wcbroccoli 3 years ago
Legally - VdGSA will not be able to persuade a judge that Fair Use does not apply when a judge learns that (1) VdGSA is a non-profit entity that exists to promote the viol, (2) VdGSA already allows anyone to download this instructional/informational videos gratis, (3)uploading to YouTube furthers VdGSA's purpose of promoting the viol,(4) no one is profiting from the upload.
VdGSA's petition would be denied and VdGSA would be ordered to pay the defendant's legal expenses.
wcbroccoli 3 years ago
sorry i was in japan then i didn't took time to answer...as other said it is not again this teacher or the viol...i love viol and i'd like that it would be known by more people in the world thanks to youtube...i believed to be respectfull...
uking 3 years ago
Congratulations Mr. Rozendaal! Wish I had a teacher and an instrument like that!
Well done the young pupil too; excellent composure.
banduraplayer 3 years ago
I hear Jean-Baptiste Lully music :)
AdrianFortescue 3 years ago
it sounds so cool...i wish i could play it too. i play the viola.
talentedlikethat 4 years ago
I'm really amazed of the balance of students playing in this video. It seems that Mr. Rozendaal has put lot of effort on this balance aspect. I wish i have had teacher like him.
modemkorv 4 years ago
This great teacher has the ability to break down the difficulties involved in viol playing so that the result
seems preordained. Not easy!
nfahring 4 years ago