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Joined: Jul 2003
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Thanks Laguna,
I have it on my list to see an entertainment lawyer, to compose more, to publish my music, and to understand all the things you are writing about. I just wasn't ready for it now. However, it is time I start learning.

Does anybody thing it's to my advantage to leave up the arrangement to prove by it's date that I composed it?

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Originally Posted by Candywoman
Does anybody thing it's to my advantage to leave up the arrangement to prove by it's date that I composed it?
No.

youtube cannot be used as a proof of date first published... :-/

Especially for the US, if anything comes up, in terms of copyright, the way is towards the Federal Courts and ONLY the registration office of the US can be accepted in there.

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Candywoman, I still think that you could suggest that they use the "private" setting and then send the link to family and friends. This way the confidence of the boy that you are worried about would not be undermined, and it would also not be "out there" for the whole world. It may be a win-win as far as the present situation is concerned.

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This can be a sticky situation. I'm from Canada.

When you upload things to social networks like Youtube and Pinterest, they assume that you have full rights to the work. People have been sued for music and photos.

- Since you are the composer of the piece and you have not expressly given full rights for performance/reproduction/distribution, and the student is performing your work...

- If you are recognizable in the video, and you do not wish to be identified, then you have the right to ask for the video to be taken down or rendered so that you are not identifiable.
[Edit: And you have not given prior written consent.]

- It would be reasonable to ask them to take down the part of the video with your arrangement, and that you are not identified in the video (whether by blurring your eyes and / or taking down your link).

However, there are always holes.

- In the US, Fair Use means the work is used for nonprofit, educational purposes. (Copyright not needed.) Whether this case is strong or not would depend on a number of issues.

Please note: I am not a practicing attorney currently and this is not legal advice.

Last edited by Bluoh; 07/27/13 08:43 PM.
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Originally Posted by keystring
Candywoman, I still think that you could suggest that they use the "private" setting and then send the link to family and friends. This way the confidence of the boy that you are worried about would not be undermined, and it would also not be "out there" for the whole world. It may be a win-win as far as the present situation is concerned.


Not sure what difference it makes.

My guess is the video now had 23 views, viewer are all family or close friends and half the people actually did not finish watching it.

In the unlike event the video goes viral, copyrighted or not, the OP will be benefited.

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Originally Posted by The Monkeys
Originally Posted by keystring
Candywoman, I still think that you could suggest that they use the "private" setting and then send the link to family and friends. This way the confidence of the boy that you are worried about would not be undermined, and it would also not be "out there" for the whole world. It may be a win-win as far as the present situation is concerned.


Not sure what difference it makes.

The difference is a matter of respect. Not everything is legal...

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The piece was assigned by the composer for a public performance held by the composer to a student.

In the future, hire a professional to record the event so you can approve the recording/music/ remove any student who is sub par. Also check bags and purses for recording equipment before they enter the recital hall.

Or let the parent know their child can perform a piece that is common and record them at will and share online or play your music and not be permitted to put the music online.

But it was a year ago, let it go.

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I think having a blanket policy that you can only record and post your own child unless you have permission of others is good. That is the policy at our music school. Youtube channels can be highly motivating though! We have a family youtube channel and I have video on there from when my son was 7. He's working on his first concerto right now at 12. It's such a fun progression to go back and look at! I will also say, when he first gets a piece the first thing he does is go watch a few people perform it on youtube. I'm definitely glad other people are posting!

Last edited by kck; 07/28/13 03:25 PM.

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Hi Candy,

An excellent resource for legal advice is the Nolo Press:

www.nolo.com

They have a book specifically about music law. Even though it's geared towards commercial bands and pop music, the same laws also govern the publication and ownership of your music.

They also have books about copyrights and trademarks that will show you how to do it yourself for a lot less. Most of the legal protections you need to employ can be done by yourself, and without an attorney.

BTW, you can now file your own domestic copyrights online at:

http://www.copyright.gov/

It costs $35 to do so digitally. The Nolo Press book on copyrights will tell you all the things you need to do, and they are in fact very few.

Last edited by laguna_greg; 07/28/13 05:32 PM. Reason: better parenting requires more scolding
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I would write a new policy on media in general. Usually it's the other way around-- some parents don't want their kids' images publicized so teachers have to get permission to film/photograph. But you should have a policy for that so this doesn't happen again in the future.

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Originally Posted by MaggieGirl
Also check bags and purses for recording equipment before they enter the recital hall.

I'm not sure you can legally do that...
Even if you can, it seems a bit excessive. I think instead of doing that, just make a policy saying they can't record, and as for me, I don't think I would be teaching a student if I thought they were that unscrupulous as to be trying to sneak recording equipment in!

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I'm trying to visualize a world in which a mom/dad would have to "sneak" a camera in to record their own child playing some level 2 piece or Clementi sonatina.

I imagine most families would be incensed if they were told that they could not record their own children's playing at a public recital. As for checking bags, that's absurd.

This is a huge leap from Candywoman's legitimate concern about her own work.

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Originally Posted by The Monkeys
Originally Posted by keystring
Candywoman, I still think that you could suggest that they use the "private" setting and then send the link to family and friends. This way the confidence of the boy that you are worried about would not be undermined, and it would also not be "out there" for the whole world. It may be a win-win as far as the present situation is concerned.


Not sure what difference it makes.


There is nothing complicated. A private setting allows a limited number of people to see the video, and it will be the people that you want. A public setting allows everyone in the whole world to see it. Even if the chances of it becoming viral is remote, nobody is likely to turn something into a meme or be creative otherwise, that possibility still exists. A private setting gives control. I wasn't after anything mystical or obscure. It's as simple as that.

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Can someone confirm my thought that Youtube videos that are set to private cannot be found on Google searches?

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YouTube has three settings:

Public: pretty obvious. The whole world can see and search.

Unlisted: Only people who have the link can see this.

Private: Only people you actually specify can see this.


I believe the latter two are unsearchable. I have several videos on my page that are "unlisted" and others that are "private." A google search turns up neither the unlisted nor the private videos.

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Originally Posted by Piano*Dad
YouTube has three settings:

Public: pretty obvious. The whole world can see and search.

Unlisted: Only people who have the link can see this.

Private: Only people you actually specify can see this.


I believe the latter two are unsearchable. I have several videos on my page that are "unlisted" and others that are "private." A google search turns up neither the unlisted nor the private videos.

I did the same test yesterday, with the same result. Thanks P*D. smile

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As for checking bags, that's absurd.

Of course it's absurd. Parents want to record their kid and some want to share it with grandma in Florida and others put it out there for anyone. I have things out there that are public and I have things that are private and others that are unlisted. I think of a piano student recital as being something anyone could see. If the teacher has other rules, they needed to be stated before the performance.

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Originally Posted by MaggieGirl
As for checking bags, that's absurd.

Of course it's absurd. .


Right. There is no benefit to be gained that comes near to compensating for the ill will that will be generated.


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I thought MaggieGirl was being ironic in the post about searching bags: pointing out the absurdity of the policy about "no YouTube posting" when taken to its extreme conclusion.


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Not sure if anyone has mention this, but I have a youtube channel just for students, and when I feel a student is ready with a piece/s, I record them, and up it goes to my youtube channel. It is fun for the kids to watch themself on youtube and parents and grandparents love it too. Some parents ask that I don't record students, but most love it!

This way i monitor what goes on. And if the student's performance is ready. Don't put their faces in view just their backs, for security purposes!

It motivates students . . . a lot!


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