Vimeo can "Suck It!"

Discussion in 'Videos' started by Mikie, Aug 30, 2018.

  1. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    I got a notice from Vimeo (that is where I house my mtb video to embed here) last night stating that they were contacted by some Phonograghic Organization (yeah, I had to take a double look at that word too) stating I was in copyright infringement with one of my Cannel Plunge videos, which I assume means they are not happy that I was using the song choice for the video. So they were informing me they pulled it.

    They also stated that if I have two more infractions, that my account could get pulled until I clean up my act. I contacted them and stated that they might as well pull my account because EVERY video I have has chosen music to try to fit the mood or theme of the video! I also told them that if they are going to single me out that they had better be surveying their other clients as it could most likely lead to a lawsuit.

    Now this "could" turn in to a debate, but let me share why with you I'm pissed as hell about this.
    I may need @Cisco Roots to help put me in my place as I am a bit out of sorts...

    How many videos have you seen or created where a bands music was used in the background to set the mood?

    Copyright infringement in my opinion, is when someone utilize someone else's work without their permission for profit. Otherwise, my perspective is that I am PROMOTING their work for free an actually providing FREE advertisement for them!

    I can honestly say I have not made one dime off any video I have created and most likely never have any intention to.

    Cisco? I could use some consoling here as my entire labor of love video collection that I probably did not save copies of are going to be wiped out.

    So as a heads up, many of us who use places "other" than YouTube to upload their videos with music because YouTube does not allow unapproved soundtracks because they provide "Channels" that people CAN subscribe to so people CAN make money off their videos, may be in jeopardy of the same thing from some organization that almost sounds pornographic. :rolleyes:

    Mikie is very sad right now...:oops:
     
  2. doublewide

    doublewide Well-Known Member

    Name:
    Mark
    Current Bike:
    Ride Life Ride Giant
    The music you choose should be "Trail Sounds". Your mood may not be the viewers mood and your choice may not get them into it "the mood".

    I like vids with the sound of tires on dirt, chit chat, some giggles and some heavy breathing!
     
  3. mtnbikej

    mtnbikej J-Zilla

    Location:
    Orange
    Name:
    J
    Current Bike:
    SC Chameleon SS
    So if I buy a copyright protected image and put it on my wall.....then take a picture of my wall with the image on it......am I guilty of copyright infringement? :eek:
     
  4. Runs with Scissors

    Runs with Scissors iMTB Addict

    Location:
    West Anaheim
    Name:
    Mark Whitaker
    Current Bike:
    2015 Giant XTC Advanced 1 29er
    If you turn around amd post that picture in a public forum without acknowledgeing the source, yes.
     
  5. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    Good on you! I do too. I get that. Stick to the point Missy! :sneaky::)
     
  6. SnakeCharmer

    SnakeCharmer iMTB Addict

    Location:
    Crescenta Valley
    Name:
    Mike, aka "Snake"
    Current Bike:
    Salsa/Trek/Kona
    I never liked Vimeo nor do I like YouTube (for video sharing).

    I'm a Pinkbike user for that stuff.
     
  7. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    If you post it online there seems to be that possibility. Especially if you provide it in a way it could be copied. Does that seem logical?
     
  8. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    Pinkbike will be subject to the same exact copyright infringement rules as does Vimeo. Neither apparently enforce it until they are caught, then the video owner is penalized and the video is pulled.
     
  9. UPSed

    UPSed iMTB Addict

    Location:
    Simi Valley
    Name:
    Edward Bottorff
    Current Bike:
    Niner Jet 9 RDO Plus
    No reason to bring Missy into this.
    MissyGiove.jpg
     
  10. doublewide

    doublewide Well-Known Member

    Name:
    Mark
    Current Bike:
    Ride Life Ride Giant
    My point was, if you wouldn't have used shitty music on your videos, you wouldn't be having an issue! Correct?? o_O:whistling::mad::p:rolleyes:
     
  11. Faust29

    Faust29 iMTB Hooligan

    Location:
    Rancho Santa Margarita
    Name:
    Steve
    Current Bike:
    Chameleon & Highball C
    Yes... Because you aren’t buying the image. You are buying the right to use a single unaltered unreproduced copy.

    Same with most things digital...
     
  12. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    Listen Bakersfield Boy! I GET that! I can't help your very bad twangy choice of music. You are making me... "Haggard"... :whistling:
     
  13. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    :eek:Yikes!
    Other than the talent.... :whistling:
     
  14. UPSed

    UPSed iMTB Addict

    Location:
    Simi Valley
    Name:
    Edward Bottorff
    Current Bike:
    Niner Jet 9 RDO Plus
    And that was one of the more "normal" pics....
     
  15. Danimal

    Danimal Well-Known Member

    Location:
    Mission Viejo
    Name:
    Dan
    Current Bike:
    Rocky Mountain Altitude
    The source being their wall in his house .
     
  16. Runs with Scissors

    Runs with Scissors iMTB Addict

    Location:
    West Anaheim
    Name:
    Mark Whitaker
    Current Bike:
    2015 Giant XTC Advanced 1 29er
    At the very least.
     
  17. mike

    mike iMTB Addict

    Location:
    Western US
    Name:
    Mike O
    Current Bike:
    Guerrilla Gravity Smash
    I've never trusted an outside entity to host my content. Photobucket showed me that's a good decision.

    You get what you pay for. Server space is cheap. A small site may never be on the radar of © lawyers. Yes, you'll have to work around embedding and other features. If aspirations of growth and exposure exist, one might do well to play completely above board* like larger entities do. This is the reason they do it.

    *Secure all usage rights or be able to demonstrate fair use.
     
  18. Faust29

    Faust29 iMTB Hooligan

    Location:
    Rancho Santa Margarita
    Name:
    Steve
    Current Bike:
    Chameleon & Highball C
    Technically... You're guilty of infringement the moment you make the second image. Most licenses do not even allow for "archival copies" anymore. In the olden days, you were allowed to make a backup copy of most things digital in case the original was lost or damaged. You can thank a certain local entertainment and media company for lobbying successfully against that a couple decades ago.
     
  19. LLPoolJ

    LLPoolJ Well-Known Member

    Location:
    Moreno Valley
    Name:
    James Johnson
    Current Bike:
    Specy Epic and Stumpy
    Did someone say Suck it?
     
  20. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    When I say that, I always refer back to an old favorite TV show called Psych.


    :eek:OH Crap! Was that a copyright infringement just now!
     
  21. doublewide

    doublewide Well-Known Member

    Name:
    Mark
    Current Bike:
    Ride Life Ride Giant
  22. Cyclotourist

    Cyclotourist iMTB Addict

    Location:
    Redlands
    Name:
    David
    Current Bike:
    Santa Cruz Chameleon
    I get all my legal advice from Missy G.

    True story: I met her in Big Bear circa 1994. She was nice.
     
    Danmtchl, kioti, Mikie and 1 other person like this.
  23. Sidewalk

    Sidewalk Well-Known Member

    Location:
    Unknown
    Name:
    Josh
    Current Bike:
    N+1
    Youtube is making a profit off the video, even if we are not.

    Do you really think Metallica (example) is grateful for you promoting their music for free?

    On Youtube, you can select songs that are already approved and licensed for that purpose. So it is legal.
     
  24. Faust29

    Faust29 iMTB Hooligan

    Location:
    Rancho Santa Margarita
    Name:
    Steve
    Current Bike:
    Chameleon & Highball C
    This... ^^^ They have their own marketing, and a pretty good idea of their sales figures, I'd bet. Any use outside paid use is not in the band's best interests. The exception being if they give it away of their own volition under an open license, and make money another way- merchandise, live shows, etc.

    Mikie's analogy transferred to another industry:
    "Hey... Those are really cool aerospace designs, but that company doesn't market themselves enough. I'm going to steal their designs and help them out. They'll really thank me for it!"

    Sorry, Mikie. I know it seems like Big Brother stepping in to squash the little guy...
     
  25. Mikie

    Mikie Admin/iMTB Hooligan

    Location:
    Lebec, California
    Name:
    Mikie Watson
    Current Bike:
    Yeti ASR5c, SC Hightower
    All of you just shut up! I'm just mad right now... ha hah! :)
    I know I'm wrong dammit! :whistling:
     
  26. Cisco Roots

    Cisco Roots Well-Known Member

    Location:
    Maple Valley WA
    Name:
    Cisco
    Current Bike:
    YT Jeffsy 29
    Hey @Mikie , sorry this happened. It looks like Vimeo is starting to crack down much like Youtube now. From someone who works in the music world, public performance rights to be specific, this is a big deal. It might not seem like it to the individual such as yourself, but multiply that times 100's of millions, and things can easily get pout of hand, and the ability for intellectual property holders to be compensated for their work diminishes incredibly. During this day and age, digital platforms are not the leading source of income, compared to traditional methods such as record sales, FM radio play (who even listens to the radio anymore), etc... This is why there is greater scrutiny now days when it comes to music use on the internet, because essentially, this is where songwriters now rely on for revenue.

    Vimeo makes it pretty clear on their page their copyright policy. Although I know your videos are intended for personal enjoyment, the fact that they are accessible to the world, essentially qualifies the music as a public performance, and under copyright law, the performance can be of indirect or direct benefit to the source for it to require permission form the copyright owner. Your videos might not have a million views, but if they did, there could be some compensation whether through advertising or business driven your way.

    https://vimeo.com/dmca

    https://www.youtube.com/yt/about/copyright/#support-and-troubleshooting

    Vimeo and Youtube classify their accounts to have this potential benefit and require copyright compliance as a result, even if most of the content and accounts probably don't have the viewing traffic to realistically make a difference, but remember, add each account up times millions and it starts to add up.

    I love your MTB videos Mikie but I agree with @doublewide , I prefer to hear the tires on dirt, the grunts of pain, and the stoke of the riders as opposed to a music soundtrack when watching MTB videos lol. :p
     
  27. Danimal

    Danimal Well-Known Member

    Location:
    Mission Viejo
    Name:
    Dan
    Current Bike:
    Rocky Mountain Altitude
    Ok, buy a CD or a book and feel free to give it to anyone you want .They can then read it or listen to it no problem.

    Download a digital copy and you cannot legally share it. I remember reading that if you buy songs/downloads on iTunes and then you die, those songs cannot be left to your next of kin, as they do not have the rights to them. So your investment is temporary at best.

    Buy a physical copy of you intend to actually want to share it or leave it to your family.

    Patents expire, and the same rule should be applied to music and video rights once the time frame is reached .
     
  28. Cyclotourist

    Cyclotourist iMTB Addict

    Location:
    Redlands
    Name:
    David
    Current Bike:
    Santa Cruz Chameleon
    Danmtchl, Grassblade23, Mikie and 2 others like this.
  29. Sidewalk

    Sidewalk Well-Known Member

    Location:
    Unknown
    Name:
    Josh
    Current Bike:
    N+1
    Just as a personal preference, I don't like music added. I've done it plenty myself in the past, but I like the natural soundtrack.
     
  30. Faust29

    Faust29 iMTB Hooligan

    Location:
    Rancho Santa Margarita
    Name:
    Steve
    Current Bike:
    Chameleon & Highball C
    I'm in agreement with these guys... There is no better soundtrack than the sounds of the trail. Tires on dirt, wind whistling through your hair, etc...

    As such, I give you permission to use in perpetuity the soundtrack from the video below. I own the rights to that entire piece. :whistling: