islandboy wrote in post #13765670
As long as I am not using the material for commercial gain where is the harm.
The reason people get confused is because of the wording people not familiar with law try to explain law. It has nothing to do with "commercial gain". It has to do with "loss of revenue". If an artist can prove they are losing profits by someone else publishing their work, it can be litigated. And, it's very easy to prove.
islandboy wrote in post #13765670If I use a song from a CD or mp3 that I purchased to make my own home video, why can I not display that product if it is free from commercial gain? Why should I continue to have to pay for a product that I have already paid for? Where does it end.
You can use any song, movie and picture you want for personal use within your home. Though the law states otherwise, no business has ever tried to litigate an individual for doing so. However, once you provide this work for public exhibition, you are are now in a point where adherence to different copyright agreements (see below).
islandboy wrote in post #13765670So now when I go to the beach and pop a cd that I've purchased into my radio am I going to have to ask permission to the artist/artists so I can listen to their music while I'm at the beach??? Or is someone going to come and tap me on the shoulder and tell me to shut off the music because people who haven't paid for it are going to listen to the songs and then.... do what with them???? - Maybe buy them????? Hmmmm, interesting concept.
This is why people are so confused. They don't know much about law. In the military we would call someone that gave legal advice a S&^t House Lawyer 
Let me try to explain.
Q: Can I play my car/boom-box loud enough so everyone in the area can hear it? Am I breaking any kind of copyright law?
A: You can do this as long as 1.) You are not charging people to listen. 2.) You are not representing the work as your own. 3.) The location is not a paid-for event and you are the organizer or in any way affiliated with them or making any financial gain from the event.
Q. Can I use music/art/video that belongs to someone else for my home movies?
A. Yes.
Q. Can I post these home movies in a public venue like Youtube or Vimeo?
A. Not without purchasing or asking for written permission from the artist(s). Performance of copyrighted material is the exclusive right of the creator or license holder.
Q. Why can nightclubs, radio stations, restaurants, etc play play copyrighted music?
A. They have payed licensing fees to do so or are given right to do so by law (past court cases). Video licensing can be obtained in addition to music. For instance, DishNetwork, DirectTV and cable companies charge for business use. PayPerView also has business options for sports bars.
Q. Can my school use copyrighted material?
A. Yes, as long as it is for educational use. There are exceptions to this rule which can be found here (LINK).
Q. How then can I use copyrighted material (for non-personal home use)?
A. You pay for it or ask permission (in writing) to use it. There are plenty of ways to purchase limited rights to material. Each license has it's limitations. You still cannot use the material in ways not allowed by the contract. For example, if you make a commercial you have to buy far more expensive rights than someone wanting to use the music in a public (paid) play. The copyright holder also has the right to pull rights if they do not like the venue it will be placed in.
Q. Is there any gray area besides those stated in the Fair Use laws (News organizations, Parodies and Education)?
A. Maybe. Children playing music in the background while singing has so far have not created much of an issue as long as music is not used in-line (in-line means you do not digitally place music directly into the video). If you use less than 10sec clips in your video has also been allowed as long as you provide sources, do not represent the work as your own and is not used in unlawful ways (defaming, threatening, etc.).
Fair Use Law (LINK LINK LINK).
There's no need to go to the extreme to try to make a point. It's all written out and well understood law.
