Quote:Here's the video. Watch and listen to the PH promotional video and see if you can figure out why I wouldn't want this video used to promote my commercial website. The first person to figure out the reason wins a really neat prize. I'll give you a hint: the answer is two words, the first word starts with c.
copyright/trademark violation, as in
eBay ! ?
My prize better be more appealing than the last one, lol!
That video is terribly amateurish. And really, why call it a video? It's more along the lines of an animated ad-----a bad one!
Edited to add: The wording used also implied that PH is an eBay site. :
BellisimaJ. Wrote:copyright/trademark violation
Damn it. I knew the answer too.Â
Using Copyrighted Music for Commercial Purposes . Using copyrighted music in a video is illegal unless the video maker obtained permission and a license from the copyright holders. The exception is creators of noncommercial videos made for educational purposes are allowed to use 10% of a song or 30 seconds whichever is less. The auction site's video was created for commercial purposes.
Damn it, valleygirl, you won, lol! I didn't even know that there was music in the thing..............nothing played, even though I checked my sound/volume, etc..
Quote:copyright/trademark violation, as in eBay
Quote:The wording used also implied that PH is an eBay site.
The wording 'a great eBay alternative site' is permissible because the intent is to differentiate the site from eBay not trade off the eBay name. To reduce the risk that viewers will think the site is owned by eBay the wording should be changed to "a great alternative to eBay".
The use of your competitor's trademarked name in marketing materials when you are comparing and contrasting your products and services to theirs is allowed under the Fair Use provisions of US Copyright law as long as your statements are truthful. If the statements aren't truthful you open yourself up to a lawsuit (e.g. Verizon's recent lawsuit against TimeWarner). UK copyright law isn't nearly as favorable to using your competitor's name in comparative marketing.
Quote:clueless morons and aren't even qualified to run a lemonade stand
The new owner's site has accomplished quite a bit in 2 weeks
1. violated EU privacy regulations by failing to properly notify users of one domain/website when their personal data was transferred to a new domain/website.
2. violated the E-commerce Regulations of the UK's Companies Act by failing to include
proper regulatory information on his .eu website (the registered office address, email address, and company registration number must be publicly displayed on UK owned websites).
3. violated copyright law by incorporating copyrighted music into a promotional video without permission from the copyright holders.
Quote:UK copyright law isn't nearly as favorable to using your competitor's name in comparative marketing.
I personally feel that we should follow the UK's example re use of a competitor's name in comparative marketing---too many ways to mislead readers in US copyright law. I would have thought that the way in which they used the eBay name would have been in violation.
Quote:The new owner's site has accomplished quite a bit in 2 weeks Smiley
1. violated EU privacy regulations by failing to properly notify users of one domain/website when their personal data was transferred to a new domain/website.
2. violated the E-commerce Regulations of the UK's Companies Act by failing to include proper regulatory information on his .eu website (the registered office address, email address, and company registration number must be publicly displayed on UK owned websites).
3. violated copyright law by incorporating copyrighted music into a promotional video without permission from the copyright holders.
[quote author=valleygirl link=topic=9139.msg69474#msg69474 date=1209154012]
Using Copyrighted Music for Commercial Purposes . Using copyrighted music in a video is illegal unless the video maker obtained permission and a license from the copyright holders.Â
The exception is creators of noncommercial videos made for educational purposes are allowed to use 10% of a song or 30 seconds whichever is less. The auction site's video was created for commercial purposes.
[/quote]
The bold part is the only fair use allowed. If you create a video of yourself dancing around nude with a lampshade on your head and use a copyrighted song as the soundtrack without obtaining permission and then upload that video to YouTube for public viewing, you're putting yourself at risk of being on the receiving end of a
C&D from the RIAA.
Using a copyrighted song in a promotional video without obtaining proper licensing is something only someone who isn't qualified to run a lemonade stand would do.
arcasm1: