Archive for the ‘Legal Issues’ Category

White House Swallows Up 500 MHz of Wireless Spectrum

by Daniel Bruns | June 30th, 2010

In a bid to take up even more of the wireless radio spectrum, President Barack Obama has signed a presid

ential memorandum supporting the FCC’s release of  500 MHz of wireless spectrum for broadband services. It’s been no secret that the FCC has been trying to play catch up with Europe on broadband speed and technology. This new initiative paves the way for the FCC to sell spectrum that can potentially deliver wireless broadband speeds of up to 100 megabits a second to 100 million homes in the United States. It also makes it possible for the FCC to create a nationwide safety communication network, something they’ve been trying to accomplish ever since emergency workers across the country had trouble talking to one another during the September 11th attack.

The FCC is currently fast-tracking an exploration of the broadband spectrum that is still available and how quickly other parts of the spectrum will open up. As the wireless spectrum is limited and is in high demand, this freed up spectrum is expected to go for more than 10 billion dollars when the FCC sells it in the next 5 years. This is money that will go towards both the safety communication network infrastructure and to actually pay off the national debt.

Of course on the video side, the only real question is does this mean that we’ll have to buy new wireless microphones again? The 700 MHz frequency range has already been sold off so who’s to say that wireless microphone frequency holders might not want to sell off more? Plus with all of the other important uses for the other parts of the spectrum, there can be no doubt that the pressure will be high for wireless microphone frequency holders to sell out. On the plus side however, if that event does occur,  you should have no problem getting updated quickly on your new 100 megabit per second wireless connection.

Videotaping Police Officers: A Felony?

by Julie Babcock | June 10th, 2010

A recent slew of arrests and camera confiscations has the internet buzzing about our rights as videographers and our rights as civilians. Surveillance laws that have already existed in 12 states for some time, declare that it’s illegal to record a private party without their consent. However, in some states, like Illinois, Maryland and Massachusetts this law has recently been stretched to include the videotaping of on-duty public officials. Regardless of factors such as shooting in public places, if you aim your camera at a police officer, you can be arrested and charged with illegal surveillance.

According to the Chicago Sun-Times, just last month an individual was charged with a Class I felony for violating Illinois’ eavesdropping law when he videotaped a police officer on a Chicago street. If found guilty of the offense, he could be sentenced to four to 15 years in prison.

In Maryland, Anthony John Graber III was pulled over for speeding and is now facing criminal charges for videotaping a plainclothes police officer with his helmet-mounted camera. According to an article posted on Gizmodo.com, Graber wasn’t arrested until ten days later, after he posted the confrontation on YouTube. “When the YouTube video was discovered the police got a warrant against Graber, searched his parents’ house (where he presumably lives), seized equipment, and charged him with a violation of wiretapping law.”

There is some speculation as to why state laws are becoming intolerant of public videotaping, especially in the case of police officers. The increase of police brutality videos hitting video-sharing sites like YouTube, for one. It has been suggested that “cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.”

Only time will tell if the public’s backlash against this interpretation of wiretapping laws will cause it to be reversed, or if more states will adopt the same policies. Regardless, it’s important to stay knowledgeable of laws that might affect the way you make your videos. There are a lot of laws to be mindful of. Being negligent or ignorant of these laws can result in costly lawsuits, and in cases like this, jail time. While a lot of the laws will come at no surprise, there are occasionally those that make us scratch our heads and say, “but what about our first amendment rights?”

Flash or H.264?

by Julie Babcock | May 6th, 2010

As our lives become increasingly immersed in mobile media and digital entertainment, a question has surfaced: Flash or H.264? Just as the battle started to gain some momentum, new data has indicated that the H.264 format may have already won. According to Encoding.com (via TechCrunch), the H.264 format is used by 66 percent of all videos, whereas Flash has fallen from 69 percent to 26 percent of all video in just the last year.

The popularity of H.264 comes at no surprise. After all, the H.264 codec is supported by all kinds of video hardware and software, as well as video sharing sites such as YouTube (not to mention, Apple’s biased support and undeniable preference for the format). Despite its popularity, legal concerns have emerged regarding the use of the codec by consumers.

A recent concern comes from blogger and MIT graduate Ben Schwartz, who said “A lot of commercial software comes with H.264 encoders and decoders, and some computers arrive with this software pre-installed. This leads a lot of people to believe that they can legally view and create H.264 videos for whatever purpose they like. Unfortunately for them, it ain’t so.” Schwartz supports his claim with text pulled from specific software licenses.

According to an article on Gizmodo.com regarding the topic of H.264 licensing, if you’re making money (selling your product to the end-user) from video encoded or decoded with the H.264 codec you need to acquire a license. In February, MPEG LA announced that the AVC Patent Portfolio License, which the H.264 codec belongs to “will continue not to charge royalties for Internet Video that is free to end users”… at least until December 31, 2015.

It’s easy to feel overwhelmed at times with all of the legalities surrounding video production. The key is to stay well-informed. Learning about new technologies and making sure to read the restrictions listed in the fine print can help you avoid legal problems. Choosing to stay in the dark will only cause issues down the road. After all, you’ll never know whose toes you may be infringing upon.

Keep Your Production Legal with Location Releases

by Julie Babcock | March 20th, 2010

Trespassing-Fence2

It’s tempting to shoot video anywhere our movie-making hearts desire. Often, the locations that are most desirable are fenced off, surrounded by security, or appear to be long-forgotten abandoned buildings in the middle of nowhere. Despite the obvious, or not so obvious presence of ownership, the property does, indeed, belong to someone.

To avoid sticky situations involving the police, or the possibility of a lawsuit, it’s important to obtain the owner’s permission to use their property in your video. A verbal agreement may seem adequate, but should a legal issue arise, a verbal agreement just won’t hold up. Obtaining a signed location release before you begin shooting will save you from unnecessary problems.

There are locations, such as public places and events, that allow you to shoot without requiring a location release. However, some cities will require a special permit (and often a fee) to shoot video, even from the sidewalk.

To prevent an early termination of your production, it’s best to know your rights as a videographer. Take the necessary steps to make your production legal and, should any disputes arise, be sure to handle each situation with diplomacy and respect.

Grammys Video Contest for I gotta feeling

by Jennifer O'Rourke | January 25th, 2010


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Do you have what it takes?grammy

CBS is airing the 52nd Grammy awards show and has a contest going on that can put the winner’s video right into the Grammy program. We told you about the  amazing one-take one-camera viral video lip-dub by University Montreal Quebec film students.

The video was so well received that the group, “The Black Eyed Peas”  who made the song allowed the Canadian students to keep the video on YouTube, and following that success, they are teaming up with CBS to allow anyone who thinks they have the guts, to upload their own lip-dub version to CBS’s site for a vote. http://www.youtube.com/watch?v=GYmSlwJ2myQ

Read the rest of this entry »

When is Music Copyright Clear?

by Jennifer O'Rourke | December 14th, 2009

LegalOne of the most confusing topics we receive questions about is on the legalities of using copyrighted material. Sometimes it seems to be OK, other times it doesn’t. Sometimes we’ll get a letter complaining about a take-down notice from YouTube because the writers used 10-seconds of a popular song for their children’s birthday video, while we report in other areas of our content about viral videos of full songs getting millions of hits.. and the videos are allowed to stay up.

Yes, the copyright law are as clear as mud, I like to say. Read the rest of this entry »

FTC Goes After Paid Bloggers & Celebs

by Jennifer O'Rourke | October 5th, 2009

dollar-sign-resizeftc-logoThe FTC, (Federal Trade Commission), announced this week that it is beefing up the rules regarding paid endorsements by bloggers and Tweeters saying they love/use a product but in reality are shills for the company. This new regulation by the FTC is the first real change they’ve had in the rules since the early 1980s. From celebrities endorsing products on shows like “Oprah” to unknown so-called “users” who rave about the products on their blog, Twitter or Facebook pages, the Truth in Advertising guidelines didn’t touch social media until now. Read the rest of this entry »

ASCAP wants YouTube users to pay

by Jennifer O'Rourke | July 10th, 2009

ascapThe American Society of Composers, Authors and Publishers; better known as ASCAP, is targeting videos on YouTube for royalty payment for it’s professional creative members. This is a good thing for producers who work hard at making their product, only to see that someone has “borrowed” some of that property clips for their own use. But the average consumer who just wants to make a simple video using a well-know song as their music bed might get confused.

According to this recent report from Digital Media Wire, if you make a cute little video using copyrighted music, and place it on your own personal blog or non-commercial website, you won’t be targeted, but if you post it for the masses, you will. Or something like that. As copyright laws for intellectual property goes, it’s always muddy, and only attorneys seem to be able to interpret them. Read the rest of this entry »

The Eyeborg: Filmmaker soon to receive the Eyeball Cam

by Jennifer O'Rourke | March 11th, 2009

A Canadian filmmaker is on his way to realizing an age-long dream of becoming like The Six Million Dollar Man from his childhood TV shows.spencer-eye.jpg

Blinded in one eye from an accident when Rob Spence was a boy; he had the damaged eye removed a few years ago so he could wear a prosthetic eye, which looks like a normal eye. He noticed that the tiny camera in his cellphone could probably fit into the prosthesis, and thought, “why not?” Scientists agree with Spencer, and have been looking into ways to not only implant a tiny camera that can record video, but to someday have the ability to be wired to a blind person’s brain enabling them with sight.

We first told you about Rob Spence and the this new device back in December, and now the final tests on implanting Rob Spence’s empty eye-socket with a tiny camera will proceed within about a month. Being a filmmaker, Rob wants to see how close to “true” reality he can come by just recording ordinary day-to-day conversations and events without his subject’s being turned off by a regular camera.

However, since he’s a real filmmaker, Spence would expect to be on the up-and-up, and not try any weird stuff that could be considered morally, ethically, or legally out of the circle of decency.
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Online-Fair Use Guidelines Announced

by jburkhart | July 8th, 2008

The Center for Social Media, has published a set of guidelines relating to fair-use practices and online video.

Is your mash-up, re-edit, or montage of 80′s TV shows legal? What rights do you have in using copyrighted material in your own works? Is some giant media conglomerate going to come after me?

The lawyers and scholars at the CSM have tread the murky waters of fair use, and come up with a set of guiding principals to “keep on the windy side of the law” (Quoting Shakespeare is public domain for example). This is a companion piece to their very thorough Documentary Filmmakers’ Statement of Best Practices in Fair Use, which is also worth a read.

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