Does anyone know what the laws are concerning recording of video broadcast excerpts? I'd like to be able to tape an entire game, then extract certain highlights of the game. I'd then like to convert these excerpts into video files using something like mpeg4 compression. Then I'd like to be able to periodically put these files on the 'Net. Not for any monetary gain, but when somebody says, "didja see that play where he did that backflip dunk over 3 circus midgets standing on an elephant?!", I can just put it on a website and say, "yeah, here it is". The only reason I would think this would be "ok" is because we're allowed to type excerpts of books without it necessarily being a copyright infringement. The only reasons I would think this would be illegal would be : 1) it's the freakin' NBA and they want to promote their suck-ass coverage of their own product, and... 2) those ubiquitous lines during seemingly all sporting events where they say "cannot be duplicated without the express written consent..." etc., etc. Anybody have any ideas?
I doubt it being the NBA. I remember hearing Bozo made a living suing people that used his name in a sitcom, song, etc so that he would have to be a clown anymore. I'm pretty sure news broadcasts have written consent. Maybe write to channel 13 on how to get written consent. Sorry, I forgot the NBA doesn't like anyone else to promote their material especially fan sites.
Here's what I would do. I would yank the video files and mpeg4 them. I would then put the files in my Morpheus folder or whatever P2P file server you use. I would then post them in my site and source them as anonymous. If anyone ever made a stink aabout it I would say I downloaded them from Morpheus. clm
Technically, I believe it is illegal (for all sports) to copy them and use them for anything other than personal viewing. (You'll notice in baseball games, they make a little speech in every game about this). I could be wrong, but I don't think profit is relevant. That said, I don't think anyone would care if you did this. At worst, they would simply ask you to stop and (if you do stop) that would be the end of it. I assume the reason for this is so that they have an ironclad agreement rather than having little exceptions here and there. For example, the legal line between what you're doing vs. taking lots of plays and doing the same vs. taking ALL the plays and doing the same (thus creating a full game with no ads) is a bit harder to write in words. By just saying "don't do it", they can make it all illegal and then choose when the prosecute (the last scenario) vs what is harmless (your scenario).
DoD, Just do it. It is illegal, but the worst you will get is a demand letter to cease--if they can find you. The main problem is would it get Clutchcity.net in trouble. As long as Clutch does not endorse it in an archive section or start a Top Ten Highlights section, then he can always claim that he is a link conduit and is unable to prevent it. imo, this is not as bad as people bartering over price of videos in the Tickets/Memorabilia Forum, where that is arguably an ecommerce exchange. Compare to Morpheus, which is not a server index of music. It is conduit to a community of individual indexes. That's why they got napster, but can't get Morpheus. Clutchcity BBS in this case isn't an online index, either, unless Clutch makes an index. I don't think a casual post with a link in a message board constitutes an "index" of clips.
I did that during the Olympics with that sick dunk from Vince Carter. I posted it on this BBS and LITERALLY ONE DAY after it was posted, I got a cease and desist letter from NBC threatening suit if I didn't remove it. Don't be surprised if the same thing happens to you.
I'm not sure about the NBA, but if someone were making there own video, movie, etc., they could only use up to 10 second clips from other movies to include in theirs without getting a copyright. But, I doubt the NBA would want anyone to use their coverage and make a "highlight real"...but, who cares. Like others said, it may be illegal, but what are they going to do besides tell you to stop?
