Am I Protected by Shield Laws? Do I Need To Respond to a Question on My Blog?

I just received the following comment on my blog, and I pretty much have waited to respond to the person in question before I send something off to him/her.

…My question how did you get hold of this material (without filmmuseum logo)? I am very interested in your answer…

I have no disrespect in the question they asked, I’m just curious if I actually have to tell the buggah how I found the clip.

This is the clip in question that I posted on April 23rd.  It has been re-posted to other sites and linked to my site as me being the one that found it online.


I have no way to tell if the buggah will read this again…

So in full disclosure to anyone reading this…

I simply typed in “Hawaii” at the youtube search engine and it was the first video that popped up as a recent video.  I guess I just checked at the right time as their are thousands of videos loaded with the tag of Hawaii everyday.

Now should I have to take this off my blog or something?

10 Responses

  1. Awesome video! The train stuff seemed to be mostly along an irrigation flume — was that up in Hamakua or nearer to Hilo?

  2. Copyright law is that of the country you and your server are in. The US laws have been adjusted to match several international copyright treaties we are signatories to.

    For most of us, as long as you are in the US and your material is in the US (on a US based web server), it is only US law we need to be concerned with. This is true no matter what country the material may have originally come from, or where your reader is located. If you live anywhere else, do yourself a favor and look up the local laws.

  3. Andrew is right. If this is proprietary, the person needs to ask YouTube to take it down, at which point your link will no longer work, end of story.

    Note, they are asking from Amsterdam and I have no idea what their laws are relative to this.

    What a wonderful film, Just beautiful.

    DOES ANYONE RECOGNIZE THE MUSIC OR MUSICIAN. I have an idea on how to check it out, but probably won’t. It would be cool to know, as I collect old Hawaiian recordings. Finding something this old, though, would be really, really exceptional.

  4. I will bet that there will be a bundle of cases in the next year that address this question in relation to bloggers.

  5. I believe that when someone posts video on YouTube it is in the public domain and that is why the YouTube Logo is on the film.

    It might be nice to tell people who actually posted it to YouTube and anything else about it, but you sure don’t have to worry about the film police coming after you on this one Damon.

    I do agree, that film is priceless and it is museum quality stuff.

    YouTube makes it so easy to imbed their content that I don’t think anyone would need to think twice about posting anything from there. However, if someone was posting the film I put up there, I would sure like credit, that is why I do a credit page at the beginning and ending of every film I post to YouTube.

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