Copyright on Video Sharing Sites

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robedge

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Copyright on Video Sharing Sites

PostFri Jan 01, 2021 8:27 pm

Ric Murray wrote: Vimeo is a superior platform to show your work over YouTube visually, and don't forget that everything you upload to YouTube becomes property of Google. That's right, your copyright goes bye bye. They own it.


Depending on the content and resolution of one's videos, perhaps Vimeo is visually superior, but it's clear which is the superior platform if one wants a non-specialised audience for one's films. YouTube is the most popular website in the world next to Google Search. As of May 2019, 500 hours of video content were being uploaded to YouTube every minute, with more than one billion hours of content watched every day. I would think that Facebook is now its main competitor.

As public video platforms go, Vimeo isn't even a minnow by comparison, but it does make money selling video services to businesses. Barry Diller, whose IAC holding company owns Vimeo, says that the pandemic has had a positive impact on Vimeo's user base and revenues. He plans to spin it off in a public offering this spring.

The screen capture below shows YouTube's current terms of use with respect to copyright. The makers of YouTube videos, which include major corporations, are the copyright owners. For example, UMG and other distributors of music that upload videos to YouTube are not turning over copyright to that music, or even to their videos, to YouTube/Google. YouTube has a non-exclusive license to use a video to promote and distribute its service. The license lasts while the video is on its platform and for a "commercially reasonable period of time" after removal.


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Re: Help Me (And Others) Understand Exposure/Low Light Shoot

PostFri Jan 01, 2021 9:52 pm

Re:Youtube Copyright issues. The image below doesn't allow me to quote directly but...
Music videos... the owner retains performance rights and publishing rights to the music, but the Youtube video can be altered and and reused by any other user on the service according to my reading of those terms.
Original video content can also be altered, for example if you do a promotional video for a product, another user could cut that video up and refute claims, supply alternate arguments etc. It is also common for a competitors video to pop up or be suggested during or after your video plays. Not optimal.

I agree that if you are a Vlogger, trying to build an audience, Youtube is the only place to go. If you are a cinematographer trying to show your work in the best light, or a large corporation hosting video content on your website that you would like to retain control of, a pay service like Vimeo is better choice.
Creativity is the ability to accept ambiguity.
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Re: Help Me (And Others) Understand Exposure/Low Light Shoot

PostFri Jan 01, 2021 10:37 pm

Ric Murray wrote:...the Youtube video can be altered and and reused by any other user on the service according to my reading of those terms.

Original video content can also be altered, for example if you do a promotional video for a product, another user could cut that video up and refute claims, supply alternate arguments etc. It is also common for a competitors video to pop up or be suggested during or after your video plays. Not optimal.


People who make YouTube videos learn very quickly that violating someone else's copyright has major consequences both for a video that is alleged to violate copyright and for one's channel. At three violations, one's entire channel faces possible termination.

National laws, not YouTube's terms of use, govern the issue of using other people's content as part of a critique or creation of a new work. In the U.S., where I gather you live, this is governed by the "fair use doctrine". However, that defence is irrelevant if one doesn't have both the desire and the funds to defend a copyright claim, a claim that is extremely easy to make under the YouTube system.

The reality is that YouTubers who know what they are doing try to stay clear of copyright issues, including invocation of "fair use". Unfortunately, the result is that people like Adam Neely, who run serious educational channels, can't illustrate their points as well as they would like via use of the music or movie footage that they are talking about. When you see a YouTuber playing or performing copyrighted music, he or she is typically doing so via a pre-authorisation system that some copyright holders have embraced, but that has now been cancelled and is being revamped.

There are lots of complaints about YouTube's algorithm, but as far as I know nobody is complaining about videos being recommended :)

Last February, Rick Beato (2 million subscribers) published this "rant" after getting a copyright violation notice from Sony. In a video about the Mixolydian Mode in music, he had used, as one of his illustrations, a Beatles song. He didn't even play the recording. He played the melody, briefly, on his own guitar to explain the relevance of Mixolydian Mode to modern music.

On July 28, Beato testified to Congress on the subject of YouTube and "fair use". In part, he addressed testimony from Don Henley of The Eagles, who apparently has staff whose sole function is to identify and pursue YouTubers for YouTube revenue in relation to potential copyright violations.

Here is his February video:

Last edited by robedge on Sat Jan 02, 2021 3:14 am, edited 2 times in total.
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Re: Help Me (And Others) Understand Exposure/Low Light Shoot

PostFri Jan 01, 2021 11:08 pm

The protections of the Fair Use doctrine do not apply to youtube uploads in the youtube universe.

According to the material quoted above, and assuming an upload doesn't represent a prior copyright violation -- i.e., the contributor owns the rights to uploaded material -- youtube can do virtually anything it wants with uploaded material in its universe of youtube, youtube successors and affiliates, for as long as the material is still up, and for an unspecified time period afterwards if youtube determines that continued exploitation is commercially advantageous.

Similarly, material uploaded under the above terms is available to other youtubbers inside the youtube universe, royalty-free, to use or reuse without specific limitations ("reproduce, distribute, prepare derivative works", etc).

Fair Use protections are forfeited by youtubbers, which is the point of their agreement. Initial copyright violations -- e.g., someone uploads music to which they don't own the rights -- is an entirely different issue from the rights youtubbers sign away when they upload their own material.

Of course, this won't matter to actual filmmakers, because filmmakers rarely use youtube, short of a public domain release.
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Re: Help Me (And Others) Understand Exposure/Low Light Shoot

PostSat Jan 02, 2021 12:51 am

I don't think that one needs a law degree, although I have one, to understand YouTube's terms of use. They are clear as a matter of plain English.

The maker of a YouTube video owns the content of, and the copyright to, his or her videos.

Google/YouTube do not take the position that publishing a video on YouTube gives others the right to use it, or parts of it, on the platform. This is the opening paragraph of the Google/YouTube page on copyright:

"The first rule of copyright

"Creators should only upload videos that they have made or that they're authorized to use. That means they should not upload videos they didn't make, or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations."

See also the first screen capture below, which says, among other things "YouTube cannot grant you the rights to use content that has already been uploaded to the site. If you wish to use someone else’s YouTube video, you may want to reach out to them directly."

Google/YouTube recognise that one may defend an alleged copyright violation by appeal to Fair Use and similar national laws elsewhere. See the second screen capture. However, note that Google says "You’ll probably want to get legal advice from an expert before uploading videos that contain copyright-protected material." The practical reality is that the vast majority of people who publish videos on YouTube do not have the funds, or the desire, to get legal advice in advance and to combat a copyright claim in court.

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Re: Help Me (And Others) Understand Exposure/Low Light Shoot

PostSat Jan 02, 2021 1:03 am

Law degree or not, you continue to confuse, apparently willfully, copyright law and Fair Use provisions with the rights youtubbers sign away when they upload their own material.

What you can legally upload to youtube, per your lecture above, or what's fair in the market place, says nothing about the rights of youtube and other youtubers to use your [presumably] copyrighted material, once it's on youtube.

Changing the subject won't correct false claims. Once you upload to youtube, you are not protected in the usual sense by copyright law and Fair Use provision. Third party licenses are irrelevant to the discussion, as it originated.

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