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Thread: Light fight solicitation

  1. #16
    Havin fun ! kidcole's Avatar
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    Default Re: Light fight solicitation

    I was on Americas Funniest Videos ! They sent me a t shirt. I still have it .. :-)
    Thanks,

    Denny Cole
    https://www.facebook.com/groups/Cole...ristmasLights/

    Back to Work <unretired> so I went Static in 2017. Planning xLights when I retire <again>. Maybe 2019 ?

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  2. #17
    Stay-Puft! rcktpwrd's Avatar
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    Lightbulb Re: Light fight solicitation

    Quote Originally Posted by kidcole View Post
    I was on Americas Funniest Videos ! They sent me a t shirt. I still have it .. :-)
    this we need to see!

    The video not the shirt...
    Joel


  3. #18
    Havin fun ! kidcole's Avatar
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    Default Re: Light fight solicitation

    Quote Originally Posted by rcktpwrd View Post
    this we need to see!

    The video not the shirt...
    It was from around 1986 or 87. And the tape got salted away somewhere about 15 years ago. Due to our move I have not run across it .. But when I do, I'll try to digitize it to share .. We were doing upside down mouths to the song "Good Lovin" I also submitted one with me disappearing while jumping on a trampoline (and returning) .. They liked it but never got it into a show.
    Thanks,

    Denny Cole
    https://www.facebook.com/groups/Cole...ristmasLights/

    Back to Work <unretired> so I went Static in 2017. Planning xLights when I retire <again>. Maybe 2019 ?

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  4. #19
    Professional Net Lurker Jack Stevens's Avatar
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    Default Re: Light fight solicitation

    Quote Originally Posted by kidcole View Post
    It was from around 1986 or 87. And the tape got salted away somewhere about 15 years ago. Due to our move I have not run across it .. But when I do, I'll try to digitize it to share .. We were doing upside down mouths to the song "Good Lovin" I also submitted one with me disappearing while jumping on a trampoline (and returning) .. They liked it but never got it into a show.
    Denny, I don't want to rain on your parade, and I'd like to see that video, but you're prohibited from doing what you just said you'd do. It's not your video. Unless there was another agreement in place that doesn't have "may change without notice" in it, that's no longer your video, and AFP can take you to court. It's one of the reasons I'm not likely to participate in the Great Light Fight, although it's probably just as easy to shoot another video.

    From the AFP web site: Contest Rules
    Submitting your videos(s) on the aforementioned platforms and agreeing to the terms of service thereof transfers exclusive ownership in the submitted video to Producer.
    You received compensation in exchange of giving all rights to that video to them. The t-shirt isn't much compensation, but it is compensation in the eyes of the law.

    Uh, OK; I just checked video copyright laws; 1986/1987 is over 20 years ago; you're probably OK. You could always claim "fair use" as well if they do come after you.

  5. #20
    Registered User Samj435's Avatar
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    Default Re: Light fight solicitation

    Quote Originally Posted by Jack Stevens View Post
    Denny, I don't want to rain on your parade, and I'd like to see that video, but you're prohibited from doing what you just said you'd do. It's not your video. Unless there was another agreement in place that doesn't have "may change without notice" in it, that's no longer your video, and AFP can take you to court. It's one of the reasons I'm not likely to participate in the Great Light Fight, although it's probably just as easy to shoot another video.

    From the AFP web site: Contest Rules


    You received compensation in exchange of giving all rights to that video to them. The t-shirt isn't much compensation, but it is compensation in the eyes of the law.

    Uh, OK; I just checked video copyright laws; 1986/1987 is over 20 years ago; you're probably OK. You could always claim "fair use" as well if they do come after you.
    I am not a lawyer (and I do live in the digital age), but would it not be on AFP to prove the individual showing the videos was the same that submitted it to them and entered into the agreement? To win such a case, they would need to demonstrate the individual submitting the video had the rights to it in the first place, securing the contract, or the individual submitting the video would be the one they would have to pursue. For example, if I took a video of your display and gave you a copy but also submitted it to the Great Christmas Light Fight without you knowing about it (to nominate a display as they advertise before commercial breaks), and you share the video, you are not violating the contract because you did not enter into it. Sure, the GCLF producers could attempt to recover loss from you, but they would need to prove you knew about the contract and still violated it. With the ability to copy a video in seconds, it's near impossible to verify the integrity of data. That's why broadcast stations have a watermark on the screen all the time these days.

    If this was in 87-88, the submission would be from VHS tape. AFP keeps their submitted tapes, so that means at some point it was already copied. With no record of who recorded it and who mailed it, they wouldn't have much of a foot to stand on. Of course they wouldn't look to actually sue you, they would simply make your life miserable as they have more $$ for lawyers than we do in an attempt to settle out of court.

    As for the Great Christmas Light Fight, I think someone else in the area needs to submit themselves for this next year. Should we draw straws?
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  6. #21
    Havin fun ! kidcole's Avatar
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    Default Re: Light fight solicitation

    Good discussion. I doubt if they would come after me since it was nearly 30 years ago. Somehow I got the disappearing act video back because they didn't use it. I vaguely recall that in the beginning of the show you could send your tape along with a check to cover return shipping. They did not return my good lovin tape but I filmed it a couple times. So I have a second shooting that I was going to share. If I ever find it !
    Thanks,

    Denny Cole
    https://www.facebook.com/groups/Cole...ristmasLights/

    Back to Work <unretired> so I went Static in 2017. Planning xLights when I retire <again>. Maybe 2019 ?

    Falcon - 3 F16V3 & 1 PiCap, Sandevices - 2 E681 & 4 E6804, 288 Channels Lynx Express, 108 Channels DC DMX,
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  7. #22
    Professional Net Lurker Jack Stevens's Avatar
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    Default Re: Light fight solicitation

    Quote Originally Posted by Samj435 View Post
    I am not a lawyer (and I do live in the digital age), but would it not be on AFP to prove the individual showing the videos was the same that submitted it to them and entered into the agreement? To win such a case, they would need to demonstrate the individual submitting the video had the rights to it in the first place, securing the contract, or the individual submitting the video would be the one they would have to pursue. For example, if I took a video of your display and gave you a copy but also submitted it to the Great Christmas Light Fight without you knowing about it (to nominate a display as they advertise before commercial breaks), and you share the video, you are not violating the contract because you did not enter into it. Sure, the GCLF producers could attempt to recover loss from you, but they would need to prove you knew about the contract and still violated it. With the ability to copy a video in seconds, it's near impossible to verify the integrity of data. That's why broadcast stations have a watermark on the screen all the time these days.

    If this was in 87-88, the submission would be from VHS tape. AFP keeps their submitted tapes, so that means at some point it was already copied. With no record of who recorded it and who mailed it, they wouldn't have much of a foot to stand on. Of course they wouldn't look to actually sue you, they would simply make your life miserable as they have more $$ for lawyers than we do in an attempt to settle out of court.

    As for the Great Christmas Light Fight, I think someone else in the area needs to submit themselves for this next year. Should we draw straws?
    Sam,

    I must admit to being sensitized to the issue, having had to enforce DMCA laws with many of my customers, but this is an incandescent and LED discussion here (instead of apples and oranges.) In the case you mention, it involves a third party; the display owner is in good faith displaying the video someone else took of the display, and can claim ignorance of the agreement made between the videographer and GCLF. The display owner isn't a party to that agreement.

    In Denny's case above, he admits he was the one that submitted the video to AFP and was compensated for surrendering any claims of ownership to that video. He then talks about making the video available to others, in violation of that contract. I believe he's safe due to the age of the video; my understanding is the copyright is only good for either 14 or 20 years, both periods having passed, so it's now in the public domain.

    In reality, in either case, I doubt Disney/ABC, the parent company of both groups, would pursue anyone showing a submited video submitted to them after they aired the video themselves. The cost of doing so would probably be more than the damages they could legitimately claim happened, and I don't think they'd want to incur the bad publicity that would go along with that.

  8. #23
    Registered User Paul Lowe's Avatar
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    Default Re: Light fight solicitation

    Lol- are we really discussing this? ;-)

    I'll contribute to your legal defense fund if they come after a 30 yr old video of someone's cat.... Or whatever they usually collect on those shows.
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  9. #24
    Professional Net Lurker Jack Stevens's Avatar
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    Default Re: Light fight solicitation

    Quote Originally Posted by Paul Lowe View Post
    Lol- are we really discussing this? ;-)

    I'll contribute to your legal defense fund if they come after a 30 yr old video of someone's cat.... Or whatever they usually collect on those shows.
    Nah, not really. People need to be aware it happens; none of us providers like getting these emails. This came in after my last response; I'm stuck on that distribution list forever, I guess. Names/IP addresses have been changed for identity protection reasons, other that the owner of the copyright and the name of the copyrighted material.

    -----BEGIN PGP SIGNED MESSAGE-----
    Hash: SHA1

    VIA EMAIL:Notice of Claimed Infringement via Email
    CASE:351xxxxxxxxx
    DATE:2016-01-08T18:13:51Z

    Dear Sir/Madam,

    We are writing this message on behalf of HOME BOX OFFICE, INC. ("HBO").

    We have received information leading us to believe that an individual has utilized the IP address xx.xxx.xx.xx at the noted date and time below to host and/or facilitate the downloading and/or streaming of content (listed below) in which HBO is the copyright owner and/or the owner of exclusive rights in such content (the "HBO Properties"). No one is authorized to exhibit, reproduce, transmit, or otherwise distribute HBO Properties without the express written permission of HBO, and the unauthorized distribution of HBO Properties constitutes copyright infringement. This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
    The title in question is: Game of Thrones

    As the owner of the IP address, HBO requests that Sprint immediately do the following:

    1. Contact the subscriber who has engaged in the conduct described above and take steps to prevent the subscriber from further downloading or uploading HBO content without authorization; and 2. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.

    We have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law.

    We state, under penalty of perjury, that we are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    This letter is not a complete statement of HBO's rights in connection with this matter, and nothing contained herein constitutes an express or implied wavier of any rights or remedies of HBO in connection with this matter, all of which are expressly reserved.

    We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.

    Any further enquiries can be directed to xxxxx@xxxx-xxxxx.com. Please include this message with your enquiry to ensure a quick response.

    Respectfully,

    Axxx Lxxxxxxxxxxxxxxxxx
    CXX
    IP-XXXXXXXX
    Email: [xxxxxx@xxxxxxxx.coml]
    Address: xxxxHoxxxxx Blvd, Los Angeles, 90028, United States

    - ------------- Infringement Details ----------------------------------
    Title: Game of Thrones
    Timestamp: 2016-01-08T18:13:51Z
    IP Address: xx.xxx.xx.xxx
    Port: 43611
    Type: BitTorrent
    Torrent Hash: 736b3dc769xxxxx1cxxxxxb7xxxxx0ed7c7
    Filename: Game.of.Thrones.S01.720p.BluRay.x264.ShAaNiG
    Filesize: 4546 MB
    - ---------------------------------------------------------------------

  10. #25
    Official Lurker AnniesSS's Avatar
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    Default Re: Light fight solicitation

    I feel slighted - we didn't get an invite

  11. #26
    Newbie Extraordinaire... scottmcl's Avatar
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    Default Re: Light fight solicitation

    You can have mine...
    - Scott M.
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