Ask HN: Female hacker/startup looking for copyright advice
Here's the link to my rudimentary prototype: http://choreoshare.com/ . There's no choreography on it yet, because I haven't figured out the legal issues...
Specifically - for the videos to really be useful, most of the choreography will need copyrighted audio in the background (Livin' La Vida Loca, for instance), so that people can tell what's happening on particular beats. There's a TON of choreo, with audio, on YouTube; I'm not exactly sure how they do this legally (or if they do).
So, a few questions... one, does anyone know of a way to legally include copyrighted audio in choreography videos, short of paying giant royalties? Is there a chance this falls under "fair use" laws, since the videos are meant for teaching purposes? Finally, does anyone have any experience with or knowledge about altering tracks to make them legal? For instance, the choreo could still be useful if it were synthesized somehow, or missing beats, and had just enough of the original structure to show the user how the choreography is intended to line up with points in the song...
Or, does the burden of providing legal videos lay enough on the user that I could start to promote the site before resolving all the potential legal issues? Is it better to ask forgiveness than permission and go forth boldly, or watch my back?
Many thanks for any advice you can give me. (: - A female hacker
6 comments
[ 4.8 ms ] story [ 21.7 ms ] threadMaking It in the Music Business: The Business and Legal Guide for Songwriters and Performers.
http://books.google.com/books?id=r8rU60NzsDMC&pg=PA42...
I think in the end you will be sued if you use any non public domain music. You may be found innocent in court under fair use, parody, education or some other loophole but it won't be until after buying your lawyer a new boat.
Fair use fro educators depends on several factors which I don't think are in your favor. One, fair use limits the percentage of material that can be used, and two, fair use must not hurt sales of the music. With your users likely uploading whole songs, and having the option to obtain paid licenses just like those for dance teachers and studios, either pre-condition is questionable.
BMI, ASCAP, and SESAC are the 3 orgs for the publishers, composers, and lyricists in the United States and they do expect choreographers and dance instructors to have licensing to use the music (Grand Rights). So do recording companies if you plan on using pre-recorded music. You could contact them and see what they offer.
Otherwise, you could make the choreos available to logged in users only. Private exchange of videos may be ok, plus it's much less likely the publishing companies will find out.
As an aside, is there any particular reason why you're describing yourself as a female hacker? I'm just curious as to how your sex is relevant (from your perspective at least) to the discussion.
Still, best of luck.