Copyright and Data protection question

[timbo343]

The other day i got an email from a teacher stating that they would like to do the following for the new Year 7s that are starting in September.

 

First of all the "Emailing our Database" is a big no no!

 

Secondly how would such a thing as doing a parody to Mr Blue Sky sit with copyright and sending it out to the TV and media.

 

Thirdly, this is screaming data protection issues!

 

We want to make a video with contributions from staff, students and village families.

 

It wouldn’t be a ‘promotional’ video for the school - more of a ‘message to students’ during lockdown.

 

I’ve had a very quick google search at info on the PPL Licence but obvs want to check with you.

 

We’re thinking ‘Mr Blue Sky’ maybe and the plan would possibly include sharing on social media, emailing our database and sending to TV and newspaper media outlets.

 

Thought i'd ask on here before asking our internal DPO to get views of edugeekers first- i don't think it can be done.

 

Thanks

[jmak]

I think the "email our database" phrase is crossed wires. I'd interpret it as "send a copy of or link to the recording to all the contacts we hold in our MIS."

 

Obviously I don't have context (like the kind of stunts a particular teacher might have tried to pull before), but it sounds like the teacher wants to do something friendly for new pupils and the community. You're right that there are copyright concerns, but my initial reaction is that it would be good to find a solution for someone trying to do a nice thing.

[3s-gtech]

You’ll need to obtain the correct permission from the rights holder, otherwise it’s an infringement. On Youtube that can result in it being taken down, and that’d look really bad for the school.

[Steve21]

If you mean a parody it bypasses copyright:

 

There is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for the purpose of parody, caricature or pastiche.

 

For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork.

 

It is important to understand, however, that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing.

 

But only for part of it, if you mean a whole copy etc that's different

 

Steve

[localzuk]

Note also, parody means parodying the work itself, not simply making a fun video and having the copyrighted work as the backing track. It'd mean changing words or similar.

[paulkerton]

Parodying a work is fine in copyright, though even Weird Al always got clearance for all the songs he did.

But I'm not entirely sure just rewriting a song to be amusing is parody. You've got to use the framing of the original song to make fun of the original song...

 

Otherwise you'd need to clear it with the original rights holders, and I don't think Jeff Lynne, Roy Wood and Bev Bevan are easily accessible on Twitter!

[timbo343]

Ive spoken to the powers that be here and i dont think we are going to allow it.

[saggu]

Ive spoken to the powers that be here and i dont think we are going to allow it.

 

Interesting to know about paradoying. Didn't know that one has to change the words.

We have our school YouTube channel and slt has uploaded a similar video. will this be breach of copyright?

[paulkerton]

Interesting to know about paradoying. Didn't know that one has to change the words.

We have our school YouTube channel and slt has uploaded a similar video. will this be breach of copyright?

 

Yep. You might get a strike on YT too, if you're not careful.

[timbo343]

I remember there was another school that did the Gangnam style video and it sparked no end of issues.

[localzuk]

Interesting to know about paradoying. Didn't know that one has to change the words.

We have our school YouTube channel and slt has uploaded a similar video. will this be breach of copyright?

If you're not changing the words, you're not really parodying the song - you're making a funny video - the song is not being used as a parody itself, you'd just be using the song as a backing track.

 

Part of the difficulty is also that a song is made up of multiple different copyrights - the lyrics, the score, the recording, the video on top, any brands or designs IN that video etc... Its a complex maze of copyright licensing.

Edited April 20, 2020 by localzuk

[robyholmes]

UWS has done a few of these in the past (Only staff). Permission was got from staff but we didn't get any copyright permission. However we host it on YouTube and link it to the copyright owner. YouTube has a system for 'sort of' granting you a licence to use music. However they can take it down at any time but often just restrict it to countries and you can't make any money from it.

[elsiegee40]

A local school put this on YouTube yesterday. No idea what permissions they got

Edited April 21, 2020 by elsiegee40
No odea how to type idea 🙄

[paulkerton]

A local school put this on YouTube yesterday. No odea what permissions they got

 

I'm going to guess here, that it's probably be "but we're a school!" clause that a lot of schools seem to think exists!

[LeMarchand]

A local school put this on YouTube yesterday. No odea what permissions they got

 

I'll go with "none"/Teacher Immunity. That said, there are always dozens of cover versions of original songs featured in shows on YouTube - usually from attractive young ladies/cool in their own minds young guys - such as https://www.youtube.com/results?search_query=jenny+of+oldstones+cover . So who knows what they do about copyright?

 

P.S. There's an unusually high incidence of blondes at that school.

[paulkerton]

P.S. There's an unusually high incidence of blondes at that school.

There are definitely male teachers and staff at that school, but none on that video.

Which I think says a lot about the gender divide when someone throws an idea like this into the hat.

[saggu]

I'm going to guess here, that it's probably be "but we're a school!" clause that a lot of schools seem to think exists!

our school did similar thing with, 'Count on me' song and uploaded on our YouTube channel. Slt is not bothered of copyright even alerting them several times. Exhausted!!