[sr-dev] licensing of videos and images from Kamailio World?

[Henning Westerholt]

Hello Daniel,

I am not completely sure if I can follow your reasoning. Even if you just take certain parts of a performance or work, the complete performance or work stays under copyright.
Even if you record only a song of a full concert the copyright still belongs to the artist. Of course, there is a lower boundary here, as already mentioned for fair use or scientific usage etc..

But before spending more time discussing about the licence particularities, why you are actually interested in this topic?

Do you want to use the KamailioWorld recording commercially, want to distribute them in a compilation which you want to sub-licence or similar?

Cheers,

Henning

-- 
Henning Westerholt – https://skalatan.de/blog/
Kamailio services – https://gilawa.com

-----Original Message-----
From: Daniel Pocock <daniel at pocock.pro> 
Sent: Wednesday, March 23, 2022 11:26 PM
To: Henning Westerholt <hw at gilawa.com>; Kamailio (SER) - Development Mailing List <sr-dev at lists.kamailio.org>; Kamailio Devel List <sr-dev at lists.sip-router.org>
Subject: Re: [sr-dev] licensing of videos and images from Kamailio World?


Hi Henning,

Yes, you are correct about the other rights, it is not just for Germany but I was starting off with the simplest step, the videos because if Pascom did not want to grant a license then it would be a waste of time asking the speakers:

> you are only partially correct. Under German copyright law there are different copyrights:
> 
> - a copyright on the video on itself (which probably belongs to 
> Pascom, as you've stated)
> - a copyright on the presentation (which belongs to the person 
> presenting)

There is one small distinction here: for a video the speaker has copyright rights over their words, music, whatever

For somebody who takes a single frame out of the video and uses it as a photograph they are not capturing the speaker's voice.  As long as the speaker had consented to being recorded, Pascom can grant people rights to use still images.


> - a copyright to the slides/other material shown (which belongs to the 
> creator of the slides/other material)

Only for those parts of the video where those materials are visible

Going one step further, if the speaker uses photos or videos in their slides then it is important to verify that those photos and videos are also under a compatible license or fair use scenario.


> I do not think that Pascom can simply give these rights away.

The first step is for Pascom to confirm, after having that confirmation it is then possible to ask each speaker about their slides, etc.

> A similar right situation would be e.g., if I visit a concert of a well-known and famous band and record it on my smartphone. I can not simple release this to the world, as I do not own the rights on the actual music performance. Or when I make a picture from the Mona Lisa, I am not allowed to sell my own copies from it etc..

Agreed and this is the same in many countries, not just Germany

Regards,

Daniel


--
https://danielpocock.com