Copyright fair use - using video excerpt on portfolio website

Not necessarily FCP-related, but thought some of the videos pros out there might be able to help: Have created a video for a client, full copyright transferred to client, as always. No specific copyright agreement signed. I added a 20-second excerpt of the clip (total length 4 minutes) on my company's website as part of our design portfolio.
Now the client has asked me to remove the clip as it infringes copyrights. Don't I have the right to showcase my work as part of the 'fair use' copyright policy?
Thanks for any hints (or links)!

It should have been a part of your initial agreement, something to the effect of "we shall retain a number of copies for promotional use, which may include demo reels and website use." And then haggle from there.
I have a couple of clients with whom I sign NDA's-- with one of them I cannot even admit that they are a client. What looks to you like a real snazzy piece of video for your reel may be, to them, a proprietary piece of information.

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  • Fair use vid clip extraction

    Greetings:
    I'm not really sure where I should post this question, so I'm putting it here.
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    So the question is 2-fold......(1) will any Mac product accomplish what I'm looking for and (2) if not, does ANYONE make a product that does what I'm talking about???
    Thanks!
    Tim Manwell

    I think you should be able to select individual episodes depending on how they are arranged on the DVD. From the Mac The Ripper web site http://www.mactheripper.org/
    If you only want to extract a certain title set (video track) from the DVD besides the main title set, you can choose the 'Title Set Extraction' option, and setting the title set number you want to extract. This might involve a little trial and error to get the desired one.
    If you want to extract only a particular title, you can choose the 'Title Only Extraction' option, and set the title number you wish to extract. The main feature title is indicated with the letters '(MF)'.
    And then there are other extraction options. So you might just download it and play around with it and see if it does what you want. Free download.
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  • How do I dispute a copyright claim against a video i made using a trailer in iMovie? The only content I used was the video I shot of friends daughter on a merry-go-round.IMovie had the music etc that I used.

    How do I dispute a copyright claim against a video i made using a trailer in iMovie? The only content I used was the video I shot of friends daughter on a merry-go-round.IMovie had the music etc that I used. Here's the message It gives a number of options to choose from if I want to dispute the claim but I don't know which one this would come under. Several obviously don't apply and of the ones left I don't know which content that is in IMovie that I use comes under. "This video is my original content and I own the rights to it" "I have a license or written permission of the property rights holder to use this material" "My use of the content meets the legal requirements for fair use of fair dealing under applicable copyright laws" or "The content is in the public domain or is not eligible for copright protection."

    You want to use the "I have a license..." option, since clearly the music is not yours, but Apple has granted you a license.
    For your license, see this document, section 2.M. http://images.apple.com/legal/sla/docs/iMovie.pdf
    For more on this irritating problem and why it is so hard to solve, see this article. (It is a problem for Final Cut Pro users as well.)
    http://www.larryjordan.biz/app_bin/wordpress/archives/1842

  • Are the sound clips from Final Cut Pro Fair Use?, Are the sound clips from Final Cut Pro Fair Use?

    I recently found YouTube had flaged a video for containing a "third party" sound clip.  All clips I've used in videos for YouTube have come directly from Final Cut Pro X.  Any idea if the sound clips are Fair Use?  I'm not sure how to repsond to YouTube and don't want to get a mark against my account due to this.

    You can pretty much forget about monetizing that specific video. 
    [Okay... I'm going to ramble now...]
    To avoid problems with youtube, you need to post a copyright (like this: @2013 by Your Name) on the video (I recommend within the first 10 seconds) -- and you better have it *right*. If you use other audio and video, as long as you have secured the proper permissions for use, you can still claim a copyright to the video you post on YouTube -- it is your creation (but it better not be a single clip of somebody else's work being passed off as something you did -- just to be clear -- your videos need to have original content that you created in order to justify the © you put on it. If you use *other stuff* as long as it's *with* permissions, it's still your video.) [If your video is going to be monetized -- make absolutely sure you have that permission for *commercial* use! Quite a lot of sources will specify that their materials *cannot* be used for any commercial use without further permissions, if at all. With Apple Loops (pro apps music and sound) you do have that express permission to be used in commercial works as long as it follows the EULA. More below.)]
    You also need to specify the music and/or sound effects are "licensed from Apple Computer and used with permission" and you might as well state they are "made with Apple Loops". YouTube understands the EULA of the Apple Pro software (Logic, STP, FCP/FCPX, etc...) -- but even Apple licensed all that stuff from outside sources. Apple just takes care of paying "them" for it in advance so you don't have to (you buy it with the cost of the software license.)
    You cannot use any of the "music beds" by themselves, in their entirety (all those nice long demo pieces everybody likes so much and you hear several times a day on [local] TV commercials). The EULA actually specifically states this (although you might have to read it two or three times until it becomes clear...LOL). Even loops are not to be released "as is", in their entirety, in any "derivative work". So, basically, make sure some other sound is mixed in with it (if it's music, add drums or other percussion, harmony, or duck it under talking, etc...)
    The point is, no matter what audio source you have, if it is *music* (or foley) and EVEN IF you are the creator of that music or sound effect, you need to specifically put it in writing IN the video (not in the description). You need to reference the source (e.g.: stock footage by BottledVideo.com) and state it's being used with (or by) permission. [According to YouTube: I have copyright infringed MYSELF!!! just for leaving out all this *stuff* from my subsequent videos (music that I composed and performed myself on guitar... I was livid... but it stuck!).]
    I can pretty much guarantee that within minutes of  posting your video (if it is monetized) -- some real live person at youtube puts eyes on that video to make sure it is properly "signed". I can tell by how long it takes for the monetize checkmark to go from dark to light green -- usually less than 10 minutes.
    If your video is not monetized, and it's not a blatant violation, they probably will let you off with a warning, tell you that you don't need to do anything "right now" and it won't count as a mark against you... If it IS monetized, it won't be - they'll turn it right off and your chances of winning a challenge are almost 0 (unless you can PROVE you own the material -- and  I have won a challenge -- see * below);  and you will probably see a "Copyright Notices" (or similar) item in the menu on your channel settings. If you can redo the video - pull the old one, put in the new info and re-up it.  It's a royal PITA, but in this day and age, it's a necessity.
    All videos destined for youtube should be treated as mini motion pictures and be prepared as such with full "disclosures" in titling... Welcome to  21st Century Pox [This statement is not meant to be derogatory to 21st Century Fox or imply any association or criticism or slander, and is only to be intended to be received as a parody on a common phrase that is currently still in use... No words were harmed in the formation of this pun.]
    Get the point? YouTube tries to tell everybody -- but they've done a pretty lousy job of doing it. It's taken me, oh, I guess a year or so to learn to "behave" after wandering through a mire of confusing information from too many different sources -- and even if I am the sole producer of 100% of all the content in the video, I *still* have to place that © and "commit" it; it is *not* taken on faith.  I actually had to go back and reread all my licenses and interpret the legalese to figure it out. It would have been simpler if they just put it: Your video is a miniature professional production. Make sure it includes all titling to reflect all participants -- *just like you'd see in a modern major motion picture or a major broadcast television series* -- I think everyone would pretty much understand what that involves. You don't have to get quite that extreme, just cover you bases and your a©©.
    I tried to cover it all... but I'm pretty sure I haven't... so... good luck!
    *How I won my challenge with an Apple Loops composition:
    1) the music, even though using "canned" loops, was an original complex composition (I'll argue theory with anyone about this... it will be based on limited sets and recombinants as well as the theory of instrumentation and timing. In other words - I massage the heck out of loops until they don't sound anything like the originals. I almost never use audio loops -- always MIDI.) [BTW - this was another instance of copyright infringing myself - I had used the same music in a previous video I produced a year or so earlier... when I, like you, thought I was "free" to use the clips as I saw fit.]
    2) the music I used in the video was originally created in Logic and I made sure the ID3 tags were filled in with my name and copyright information
    3) I have a YouTube Associated Website (think this is a "partner" thing... and google "sanctioned") but if you see it, make sure you associate your domain. [I think you might be able to create a Google+ account and associate a domain that way if it's not part of your YouTube settings.]
    4) I uploaded the original mp3 with the ID3 tags to my associated domain.
    5) in the challenge, I 1) attached the original mp3 (w/ID3 tags); 2) gave youtube a link to the copy on my associated website for *verification* that the files belonged to ME; (and they already had the URL to the video in question -- a basic 3 point verify.)
    It worked. They accepted the verifcation. (And this was the first challenge I've been able to win.) [This was very recent. What about the others? I might get a chance to complete the verifications, but I know for some, I've used up my challenges. The only other option is to pull them and redo them...]
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  • How to use downloaded gallery in your portfolio website?

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  • New month new due but still fair use

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    Hello,
    If you have a problem with which you need assistance please advise.
    TIME ZONE - US EASTERN. LOCATION - PHILADELPHIA, PA, USA.
    I recommend that you always run the latest Skype version: Windows & Mac
    If my advice helped to fix your issue please mark it as a solution to help others.
    Please note that I generally don't respond to unsolicited Private Messages. Thank you.

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    HP TouchPad - 1.2 GHz; 1 GB memory; 32 GB storage; WebOS/CyanogenMod 11(Kit Kat)
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