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Best Resume Ever: How to Woo a Startup

blog.ridejoy.com

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Re: Best Resume Ever: How to Woo a Startup

#33
post #26

Earlier quoted context omitted.

Pretty sure that's totally not true, but, boy would I ever like to be proven wrong about this. As I understand it, and excuse the language, but attribution has fuck-all to do with the rights to music. There's a whole market for "royalty-free music" (all of which costs money, but at least doesn't cost money per view ) that exists entirely --- again, as I understand it --- because you can't just use random copyrighted…

This might be a good place to get started: http://www.law.cornell.edu/wex/Copyright Here's some more on "Fair Use": http://www.benedict.com/Info/FairUse/FairUse.aspx

A very good source on fair use:

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/...

Note the "four factors" in fair use:

* The extent to which the use transforms the original work

* The nature of the work being used

* The amount and substantiality of the use

* The effect of the use on the market

I'm pretty sure soundtracking your resume with almost the entirety of a signed band's most popular track flunks all these tests --- charming though that resume is.

I'm actually not at all concerned about musical resumes --- seriously, does Britt Daniel care about resumes? Of course he doesn't --- so much as the mentality at startups that this stuff is always going to be kosher. Not so. HN just got finished shellacking a different YC company over this exact issue.

Be careful about music, is all I'm really saying.

Re: Best Resume Ever: How to Woo a Startup

#34
post #15

Killjoy, I know, but you'd probably want to have permission from Spoon (or, more likely, Merge Records) before repurposing their most popular track commercially. Similarly, annoying as it probably sounds, virtually anything a startup would ever want to do with a piece of music anyone has heard of before† is probably not kosher. On the flip side, there's thousands of amazingly talented musicians willing to record trac…

The underdog holds that distinction I think. http://www.youtube.com/watch?v=q1hZVDLkJDc

Spoon is the only existing band I don't hate.

Re: Best Resume Ever: How to Woo a Startup

#36
post #26

Earlier quoted context omitted.

Good point! My understanding, from speaking with the SlideRocket team, is that it's kosher to use another artist's song as your presentation soundtrack as long as you attribute the song in your presentation somewhere. But if I were doing a similar project in the future, I'd absolutely love to work with a musician to record something - that's a terrific suggestion. EDIT: Just spoke directly with a representative at Sl…

Pretty sure that's totally not true, but, boy would I ever like to be proven wrong about this. As I understand it, and excuse the language, but attribution has fuck-all to do with the rights to music. There's a whole market for "royalty-free music" (all of which costs money, but at least doesn't cost money per view ) that exists entirely --- again, as I understand it --- because you can't just use random copyrighted…

[deleted]

Re: Best Resume Ever: How to Woo a Startup

#37
post #15

Killjoy, I know, but you'd probably want to have permission from Spoon (or, more likely, Merge Records) before repurposing their most popular track commercially. Similarly, annoying as it probably sounds, virtually anything a startup would ever want to do with a piece of music anyone has heard of before† is probably not kosher. On the flip side, there's thousands of amazingly talented musicians willing to record trac…

Good point! My understanding, from speaking with the SlideRocket team, is that it's kosher to use another artist's song as your presentation soundtrack as long as you attribute the song in your presentation somewhere. But if I were doing a similar project in the future, I'd absolutely love to work with a musician to record something - that's a terrific suggestion. EDIT: Just spoke directly with a representative at Sl…

So they pay streaming license fees to ASCAP / BMI on behalf of their users?

Public attribution does nothing to make it kosher, only reporting it so the royalties get doled out to the appropriate artists does that.

Re: Best Resume Ever: How to Woo a Startup

#38
post #33

Earlier quoted context omitted.

This might be a good place to get started: http://www.law.cornell.edu/wex/Copyright Here's some more on "Fair Use": http://www.benedict.com/Info/FairUse/FairUse.aspx

A very good source on fair use: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/... Note the "four factors" in fair use: * The extent to which the use transforms the original work * The nature of the work being used * The amount and substantiality of the use * The effect of the use on the market I'm pretty sure soundtracking your resume with almost the entirety of a signed band's most popular track flunks…

You're correct that this would fail a fair-use test. Once it went up on a blog it's akin to a public performance, and use of the master recording should be licensed.

It is improbable that someone is going to issue a DMCA letter because of this, but it does (to your point) outline a couple of problems in S.V., one of which is the misconception that "It's not stealing if you attribute the artist" is widespread. And incorrect, at least for anything (c)All Rights Reserved.

If in doubt, it's a good idea for startups to consult their attorney (and not the PM, or lead engineer, or friend-in-a-band) when in doubt when using music, art, or what-have-you in public fora.

Re: Best Resume Ever: How to Woo a Startup

#39
post #37

Earlier quoted context omitted.

Good point! My understanding, from speaking with the SlideRocket team, is that it's kosher to use another artist's song as your presentation soundtrack as long as you attribute the song in your presentation somewhere. But if I were doing a similar project in the future, I'd absolutely love to work with a musician to record something - that's a terrific suggestion. EDIT: Just spoke directly with a representative at Sl…

So they pay streaming license fees to ASCAP / BMI on behalf of their users? Public attribution does nothing to make it kosher, only reporting it so the royalties get doled out to the appropriate artists does that.

It is possible that BMI will send a bill, eventually, if they notice. Note that this is separate from paying for a license to use the master (the recording).

Re: Best Resume Ever: How to Woo a Startup

#40
post #33

Earlier quoted context omitted.

A very good source on fair use: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/... Note the "four factors" in fair use: * The extent to which the use transforms the original work * The nature of the work being used * The amount and substantiality of the use * The effect of the use on the market I'm pretty sure soundtracking your resume with almost the entirety of a signed band's most popular track flunks…

You're correct that this would fail a fair-use test. Once it went up on a blog it's akin to a public performance, and use of the master recording should be licensed. It is improbable that someone is going to issue a DMCA letter because of this, but it does (to your point) outline a couple of problems in S.V., one of which is the misconception that "It's not stealing if you attribute the artist" is widespread. And inc…

Everything is "(c) All Rights Reserved" unless it specifically says otherwise, just to clarify a superficial point.

So am I crazy or did whoever this person talk to at Sliderocket give her ludicrously bad advice?

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