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Your Online Video May Cost You Thousands
By Mike Bradbury
You’ve just gotten married, and are traveling the world with your new spouse on your honeymoon. A good friend who filmed the wedding and reception has just finished putting together the footage. He has posted it on YouTube so you both can relive your wedding day on your honeymoon.
The video is wonderful. It illuminates several moments you’d missed in the excitement of the day. Your friend has even included your song, Endless Love, as the background for the video.
After the honeymoon, as you unpack the doorbell rings. Opening the door you find a man asking for your signature for a package. You think, "Which aunt or uncle must be sending money"? When the deliveryman smiles, hands you the package and says, "You’ve been served." you are surprise and horrified.
Confused, you tear the package open to find a lawsuit for $10,000 for copyright infringement. You wonder to yourself--could this be right? How did I infringe any copyrights? Out of curiosity you scan the pages of the lawsuit for a logical explanation. Then you find it: "the illegal use of Endless Love by Lionel Ritchie and Diana Ross in your wedding video posted on YouTube".
With all the attention YouTube has gotten from the Viacom lawsuit for $1 billion for unauthorized distribution and infringe of copyright laws, everyone has overlooked a possible next wave of lawsuits to come. Those are for the vast majority of online videos that are made by small home videographers who have included in their videos that has not been licensed for use.
Typically publishers and record labels have turned a blind eye to home and wedding videographers who produce their own work. Shared with an audience of usually less then 10 close personal friends and family, these home videographers have all but been ignored for years. This was before sites like You Tube, Google Video, ChickShack, AsSeenInVT and a handful of others began creating an outlet for anyone with a video camera. Now home videographers need to be warned. You may soon find yourself involved in lawsuits for illegal use of a copyrighted protected musical recording, the fines for which could be in excess of $15,000 per song.
Remember how fiercely the recording industry went after everyone from children to old ladies who downloaded songs from sites like Napster? It may be only a matter of time until they start going after videographers in the same manner.
Most home videographers are unaware of the limitations on using copyright protected music. The vast number of home Videographers wrongly assume that they can synchronize or place any they want in their video production. In the past, a small home and wedding Videographer

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