Is that all there is to it?
I have covered the most basic and important aspects of copyright laws regarding Youtube and their policies. There are certainly more detailed and obscure facts that could be covered, however this blog is focusing on the essentials. With the knowledge that has been addressed, you should be able to know what kind of content is acceptable for Youtube. The key things to remember are that Youtube actively enforces copyright laws and that you as an uploader to their website are responsible for posting content that falls in line with their Terms of Service. Uploading to their website is a privilege, not a right.
So I can start uploading to Youtube now?
Yes. You should be sufficiently knowledgeable enough now to post videos to Youtube. Now what you must consider is what sort of content you want to upload. If it's all original content, then you have nothing to worry about copyright-wise. You still need to keep in mind that the content of what you upload can still be illegal if it is violence or pornography. Just be careful and have fun with Youtube.
Departing words.
I hope that after reading this blog that you've developed an appreciation for the importance of copyright laws. Throughout the blog i'm sure that i've treated it like a problem, but it's really quite the opposite. When you create content and get a copyright on it, you'll want to make sure that it isn't stolen or used inappropriately. That's what Youtube and the U.S. Copyright Laws are protecting. I also want to recognize the importance of using someone else's content and adding on to it or improving it. Doing this can stimulate the creative community and share well made content. As you go and make videos for Youtube, keep in mind all of the things that you've read in this blog. It will keep you out of trouble and will hopefully help you make content with integrity.
Friday, April 25, 2014
(11) Interview with Tom
About Tom and the interview
Tom has been uploading videos to Youtube for several years. As well as having his own channel that he posts to, he also helps upload and manage for a group channel. He has worked with video games as well as anime videos, which is similar to the type of videos that I upload. This interview has been paraphrased so as to include the most valuable and concise information. Be sure to check out his channels so you can see the wonderful content that he works on.
https://www.youtube.com/user/blackknightcomms
https://www.youtube.com/user/thelightnovelbrigade
What got you interested in posting videos on Youtube?
"When I started on Youtube a long time ago, I wanted to upload videos of me playing games. I wanted people to watch me play games, because I was already playing games anyway. It looked like fun so I gave it a shot."
What sort of content do you upload to Youtube?
"On my channel I usually upload video games. On the Light Novel Brigade channel I am uploading audiobooks."
What concerns do you have about uploading videos that have copyrighted material?
"Well, for the games I usually play games that i've seen other people play on Youtube before. That way I know that Youtube doesn't have a problem with people playing them. The audiobooks aren't really a problem either. Since i've got friends reading them from a fan-translated book, I don't think that it would cause any issues. The content could be viewed as a commentary or parody of the original work."
Has Youtube's uploading policy ever bothered you, and if so have you ever considered using a different video sharing website because of Youtube's Terms of Service?
"I've had a few issues with uploading videos to Youtube. Some other content like fandubs i've worked on have been blocked as soon as i've uploaded them. I understand why they are blocked though, so I can't really complain about it. The videos I had wanted to upload did have a large amount of the original content still there. I haven't considered using another website because Youtube is so popular. It's where everyone is. There aren't enough serious issues with it to have me wanting to use a different website."
Lastly, do you think that Youtube should be more flexible about the content that it allows people to upload to their website?
"It would be great if videos could be uploaded without having to worry about copyright strikes, but that's sort of what the laws are for. If I really had a complaint about the stuff I upload being taken down I could dispute it. I think that Youtube as it is now is just fine."
Tom has been uploading videos to Youtube for several years. As well as having his own channel that he posts to, he also helps upload and manage for a group channel. He has worked with video games as well as anime videos, which is similar to the type of videos that I upload. This interview has been paraphrased so as to include the most valuable and concise information. Be sure to check out his channels so you can see the wonderful content that he works on.
https://www.youtube.com/user/blackknightcomms
https://www.youtube.com/user/thelightnovelbrigade
What got you interested in posting videos on Youtube?
"When I started on Youtube a long time ago, I wanted to upload videos of me playing games. I wanted people to watch me play games, because I was already playing games anyway. It looked like fun so I gave it a shot."
What sort of content do you upload to Youtube?
"On my channel I usually upload video games. On the Light Novel Brigade channel I am uploading audiobooks."
What concerns do you have about uploading videos that have copyrighted material?
"Well, for the games I usually play games that i've seen other people play on Youtube before. That way I know that Youtube doesn't have a problem with people playing them. The audiobooks aren't really a problem either. Since i've got friends reading them from a fan-translated book, I don't think that it would cause any issues. The content could be viewed as a commentary or parody of the original work."
Has Youtube's uploading policy ever bothered you, and if so have you ever considered using a different video sharing website because of Youtube's Terms of Service?
"I've had a few issues with uploading videos to Youtube. Some other content like fandubs i've worked on have been blocked as soon as i've uploaded them. I understand why they are blocked though, so I can't really complain about it. The videos I had wanted to upload did have a large amount of the original content still there. I haven't considered using another website because Youtube is so popular. It's where everyone is. There aren't enough serious issues with it to have me wanting to use a different website."
Lastly, do you think that Youtube should be more flexible about the content that it allows people to upload to their website?
"It would be great if videos could be uploaded without having to worry about copyright strikes, but that's sort of what the laws are for. If I really had a complaint about the stuff I upload being taken down I could dispute it. I think that Youtube as it is now is just fine."
(10) Interview with Matt
About Matt and the interview.
Matt as been a Youtuber for over a year now, and has posted over 600 videos. His content generally deals with video games which can be a touchy issue when it comes to their copyrights. This interview has been paraphrased so as to include the most valuable and concise information. Be sure to check out his channel so you can see the wonderful content that he regularly uploads.
https://www.youtube.com/user/mattman522
What got you interested in posting videos on Youtube?
"Well, I started off as a podcaster, doing that a couple of years prior to doing Youtube. And then when I saw all of these entertaining people, that were kind of like me, I kind of thought "Well I could do that." So I did it basically because I thought it was fun."
What sort of content do you upload to Youtube?
"Mostly Let's Plays. I occasionally upload reviews, some vlogs, the occasional "soap box" video."
Are you familiar with Youtube's ContentID system, and what do you know about it?
"Yes. I know that it is an automated system on Youtube to capture any sort of specific footage or audio to stop people from uploading things that they shouldn't, like copyrighted video or music."
Have you had any issues with your videos being flagged by Youtube?
"Yes. A couple of my Tomb Raider videos were copyright flagged for their music, because the soundtrack does have music belonging to various bands. They were flagged and a copyright claim was sent. All that meant was that I could either dispute this and say that I own the music or I could say that I don't own the music, which would mean that all of the profits from my video would go to the copyright holder."
What sort of steps have you taken to protect you and your videos from copyright issues?
"Emailing the developers of the video games that I make videos of and asking for their written permission, as well as taking a screenshot of it. I make sure that I have their permission for me to make content on the game and make them very aware of the type of content I will make. I keep the written permission because on occasion Youtube will still flag my video, so this will help protect me."
Lastly, what is your overall opinion of Youtube as a website? What sort of improvements do you think it should have?
"I think that it is fantastic. It is a good place to upload your content. There are all sorts of videos that you can watch, even free education videos like documentaries. As a viewer, I have no problems. As a content uploader, I also don't have many problems, because the rules that Youtube puts in place are legal rules. There's no getting around it."
Matt as been a Youtuber for over a year now, and has posted over 600 videos. His content generally deals with video games which can be a touchy issue when it comes to their copyrights. This interview has been paraphrased so as to include the most valuable and concise information. Be sure to check out his channel so you can see the wonderful content that he regularly uploads.
https://www.youtube.com/user/mattman522
What got you interested in posting videos on Youtube?
"Well, I started off as a podcaster, doing that a couple of years prior to doing Youtube. And then when I saw all of these entertaining people, that were kind of like me, I kind of thought "Well I could do that." So I did it basically because I thought it was fun."
What sort of content do you upload to Youtube?
"Mostly Let's Plays. I occasionally upload reviews, some vlogs, the occasional "soap box" video."
Are you familiar with Youtube's ContentID system, and what do you know about it?
"Yes. I know that it is an automated system on Youtube to capture any sort of specific footage or audio to stop people from uploading things that they shouldn't, like copyrighted video or music."
Have you had any issues with your videos being flagged by Youtube?
"Yes. A couple of my Tomb Raider videos were copyright flagged for their music, because the soundtrack does have music belonging to various bands. They were flagged and a copyright claim was sent. All that meant was that I could either dispute this and say that I own the music or I could say that I don't own the music, which would mean that all of the profits from my video would go to the copyright holder."
What sort of steps have you taken to protect you and your videos from copyright issues?
"Emailing the developers of the video games that I make videos of and asking for their written permission, as well as taking a screenshot of it. I make sure that I have their permission for me to make content on the game and make them very aware of the type of content I will make. I keep the written permission because on occasion Youtube will still flag my video, so this will help protect me."
Lastly, what is your overall opinion of Youtube as a website? What sort of improvements do you think it should have?
"I think that it is fantastic. It is a good place to upload your content. There are all sorts of videos that you can watch, even free education videos like documentaries. As a viewer, I have no problems. As a content uploader, I also don't have many problems, because the rules that Youtube puts in place are legal rules. There's no getting around it."
Thursday, April 24, 2014
(9) Youtube Sweeps and Solutions (Guest Blog)
Company rights
As it is, when a Youtube video maker puts a video up, they own the
copyright to it, but companies still own the rights to their own products as
well. If a Youtube user makes a video
using some of their content as in a lets play or walk through, then some
companies feel like their product is threatened and so they call copyright
violations as per 106Aa3A and B of copyright law.
But we
already know this
I only bring it up again to explain how a Youtube user who is flagged for
copyright infringement loses money.
Because the companies own the raw footage of the game the player used,
they are now the ones to get revenue from advertising. Gaming companies seem to have two major ways
of reacting to these videos. In the case
of Nintendo, they are openly displeased by content being made from their games
and actively seek to have videos flagged.
On the other hand companies like Blizzard have chosen to welcome the
advertising that comes from Youtube and try to remove flags on their content to
help the user. So a major reason for the
sweeps in flagging is that the now Google-owned Youtube does not want to get sued
by the stricter companies
for allowing the content.
Solutions?
Even with the companies calling the 106Aa3A and B sections of the law, we
are not without our own rights. Because
the Youtuber makes the content, and in the case of video games, often has a
direct effect on what happens on the screen, users can claim Fair use to get
the flags removed. But in the end, the
content will likely sort itself.
Companies that continue to aggressively flag videos will no longer have
content made from them as often and will lose both the revenue and the
publicity from those views. Likewise
smaller games and companies that allow for free use will see an increase in
content made with their material.
In an unrelated note, interested in being published? Don’t know how? Visit here howtobepublishedandbeyond.blogspot.com
(8) Youtube Infographic
Sources:
ContentID Picture: http://www.forbes.com/sites/insertcoin/2013/12/19/the-injustice-of-the-youtube-content-id-crackdown-reveals-googles-dark-side/
Youtube Picture: http://www.androidpit.com/youtube-addicting-video-viewing-on-your-smartphone
Company Picture: http://www.invest-in-iraq.com/join-stock-company/
Uploader Picture: http://en.earboxwear.com/OurDearestYoutubers
Arrow Image: http://commons.wikimedia.org/wiki/File:Arrow_east.svg
Friday, April 18, 2014
Friday, April 4, 2014
(6) Abuse of ContentID
Is ContentID a foolproof system?
Youtube heavily uses their ContentID system to regulate the videos on their website. The reason for this is due to the extremely large number of videos that are uploaded daily. Youtube employees would be unable to check every single video posted to the website, thus ContentID is used. This system uses a database to check videos for duplicate content. It will scan the video to see if it is the same as a copyrighted video within the ContentID database. If there is a match, then the appropriate action will be taken against the video and the uploader.
There are some flaws with ContentID though. With certain video editing techniques, people can bypass the system and keep their video on the website. The first thing to note is that ContentID generally scans videos for exact matches. This means that by altering the video someone could post it to Youtube without the ContentID system recognizing it. There are several ways of doing this. On way is to mirror the video. This means that the video will appear to be flipped as if you were watching it through a mirror. Another way is to change the size of the video. By shrinking the video and putting it in the corner, it can trick the ContentID system. Lastly, filters can be placed over the video to mask what it really is. Any one of these method can fool ContentID into thinking that the video isn't in their database.
Why are you bringing this up?
The reason that I am explaining these things is to show that Youtube's attempts to catch copyright infringement isn't perfect. There are countless videos on the website that do abuse copyrights, and yet they remain watchable. Conversely, there are videos that get removed despite not infringing upon a copyright. ContentID will locate parts of a video that match their system and remove them regardless of the manner in which they are used. Youtube doesn't have a perfect system. Even if a video falls within the fair use statute, it can still be taken down. Youtube's automated policy on copyright detection makes it difficult for content creators to showcase their work. Keep in mind that you can be in the right with your video, and it still be accused of copyright infringement. Make sure that your content follows all of the rules so you can avoid any problems with Youtube.
Youtube heavily uses their ContentID system to regulate the videos on their website. The reason for this is due to the extremely large number of videos that are uploaded daily. Youtube employees would be unable to check every single video posted to the website, thus ContentID is used. This system uses a database to check videos for duplicate content. It will scan the video to see if it is the same as a copyrighted video within the ContentID database. If there is a match, then the appropriate action will be taken against the video and the uploader.
There are some flaws with ContentID though. With certain video editing techniques, people can bypass the system and keep their video on the website. The first thing to note is that ContentID generally scans videos for exact matches. This means that by altering the video someone could post it to Youtube without the ContentID system recognizing it. There are several ways of doing this. On way is to mirror the video. This means that the video will appear to be flipped as if you were watching it through a mirror. Another way is to change the size of the video. By shrinking the video and putting it in the corner, it can trick the ContentID system. Lastly, filters can be placed over the video to mask what it really is. Any one of these method can fool ContentID into thinking that the video isn't in their database.
Why are you bringing this up?
The reason that I am explaining these things is to show that Youtube's attempts to catch copyright infringement isn't perfect. There are countless videos on the website that do abuse copyrights, and yet they remain watchable. Conversely, there are videos that get removed despite not infringing upon a copyright. ContentID will locate parts of a video that match their system and remove them regardless of the manner in which they are used. Youtube doesn't have a perfect system. Even if a video falls within the fair use statute, it can still be taken down. Youtube's automated policy on copyright detection makes it difficult for content creators to showcase their work. Keep in mind that you can be in the right with your video, and it still be accused of copyright infringement. Make sure that your content follows all of the rules so you can avoid any problems with Youtube.
(5) More Examples of Copyrights in Action
What if the content is blocked globally?
There will be times when content that you upload to Youtube will be blocked globally. This means that the video can not be viewed by anyone except for the uploader. This completely depends on the copyright holder, and whether or not they will allow any of their content to be used on Youtube. I have faced this issue before. There are a few options that can be used to combat the situation. The first would be to dispute the claim made against the uploaded video. As stated in one of the previous blog posts, this option is risky and has no guarantee of working. This is only if you are certain that the video isn't infringing the copyright. The second option is to simply upload the video to a different website. This is ill advised. While another website may keep the video up, it is likely because they do not actively check for copyright infringement. I will post an example of this scenario.
Video: https://vimeo.com/88915380
So here is some information about the video. The visual content is of an anime series called Kimi ni Todoke. This series is owned by the production company Nippon Television (NTV). The music in the video is part of the Kimi ni Todoke soundtrack. All other audio was created by myself and a friend of mine. I first tried uploading this video to Youtube, where it was immediately blocked in all countries. I could have disputed the claim, however the chances of the video being rectified were very slim. I decided to upload the video to a different video streaming website called Vimeo. Upon uploading the video to that website, it was not removed at all. The reason I was personally so adamant about posting the video somewhere was to show some friends, however the reasons are rarely important if copyright infringement is involved. Again, this option isn't advised, as it is somewhat sketchy.
There will be times when content that you upload to Youtube will be blocked globally. This means that the video can not be viewed by anyone except for the uploader. This completely depends on the copyright holder, and whether or not they will allow any of their content to be used on Youtube. I have faced this issue before. There are a few options that can be used to combat the situation. The first would be to dispute the claim made against the uploaded video. As stated in one of the previous blog posts, this option is risky and has no guarantee of working. This is only if you are certain that the video isn't infringing the copyright. The second option is to simply upload the video to a different website. This is ill advised. While another website may keep the video up, it is likely because they do not actively check for copyright infringement. I will post an example of this scenario.
Video: https://vimeo.com/88915380
So here is some information about the video. The visual content is of an anime series called Kimi ni Todoke. This series is owned by the production company Nippon Television (NTV). The music in the video is part of the Kimi ni Todoke soundtrack. All other audio was created by myself and a friend of mine. I first tried uploading this video to Youtube, where it was immediately blocked in all countries. I could have disputed the claim, however the chances of the video being rectified were very slim. I decided to upload the video to a different video streaming website called Vimeo. Upon uploading the video to that website, it was not removed at all. The reason I was personally so adamant about posting the video somewhere was to show some friends, however the reasons are rarely important if copyright infringement is involved. Again, this option isn't advised, as it is somewhat sketchy.
(4) Example of Copyrights in Action
Show me an example of Youtube's copyright policy.
Youtube is always checking its content for copyright infringement, as stated in the previous blog post. I will provide an example of a video that has mild copyright infringement.
Video: https://www.youtube.com/watch?v=fVpnLZ5_wp8
Here is the information that you should know about the video. The visual content is of an anime series called Dragonball Z. This series is owned by Toei Animation, a company located in Japan. The music used in the video is part of the Dragonball Z soundtrack. All other audio was created by me. Now then, after uploading this video, I was given a notice that it was being blocked in certain countries. When a video is blocked by Youtube's ContentID, you are responsible for seeing the reasons and conditions for the block. In this particular scenario, the video was blocked in Japan, meaning that anyone trying to watch the video in that country would be unable to. In addition to this, the video was initially not viewable at all. I was required to acknowledge that the video would be blocked in Japan before it would be made available to everyone else.
This is how the copyright for this particular video worked out. I was allowed to keep the video up, despite it containing content from somebody else's work. There are a few reasons for this. First, the video itself did not contain a large amount of the copyrighted work. Had I uploaded entire episodes of the series, it is very likely that it would have been completely removed. Second, the video contained some original content. While the video was nearly identical to the original work, I included my own audio. This would make it fall under the first statute of fair use. The work was not directly copied, rather it was altered. Keep in mind though that despite believing that something falls within fair use, the copyright holder can still take action against you. You must be certain that your content is justifiably not infringing upon someone's content.
Youtube is always checking its content for copyright infringement, as stated in the previous blog post. I will provide an example of a video that has mild copyright infringement.
Video: https://www.youtube.com/watch?v=fVpnLZ5_wp8
Here is the information that you should know about the video. The visual content is of an anime series called Dragonball Z. This series is owned by Toei Animation, a company located in Japan. The music used in the video is part of the Dragonball Z soundtrack. All other audio was created by me. Now then, after uploading this video, I was given a notice that it was being blocked in certain countries. When a video is blocked by Youtube's ContentID, you are responsible for seeing the reasons and conditions for the block. In this particular scenario, the video was blocked in Japan, meaning that anyone trying to watch the video in that country would be unable to. In addition to this, the video was initially not viewable at all. I was required to acknowledge that the video would be blocked in Japan before it would be made available to everyone else.
This is how the copyright for this particular video worked out. I was allowed to keep the video up, despite it containing content from somebody else's work. There are a few reasons for this. First, the video itself did not contain a large amount of the copyrighted work. Had I uploaded entire episodes of the series, it is very likely that it would have been completely removed. Second, the video contained some original content. While the video was nearly identical to the original work, I included my own audio. This would make it fall under the first statute of fair use. The work was not directly copied, rather it was altered. Keep in mind though that despite believing that something falls within fair use, the copyright holder can still take action against you. You must be certain that your content is justifiably not infringing upon someone's content.
Friday, March 28, 2014
(3) Youtube's Copyright Policy
How does Youtube handle copyright infringement?
Youtube has a responsibility the ensure that videos uploaded to their website do not infringe the copyrights of others. When someone puts a video on their website, they are legally obligated to check that the person uploading it has the full rights to that video.
" But the footage is copyrighted and much of it is held on a Youtube database that can be searched by Youtube via a system called ContentID. That system checks for stuff that belongs to Publisher X but has been featured by a Youtuber. " (Campbell, 2013)
ContentID is their primary resource when checking videos for copyright infringement. Another method that is used is their flagging system, which allows other users to flag a video if they believe that said video contains copyrighted material. If it is found that a video is infringing a copyrighted material then it will be taken down from their website and the user's account will be penalized.
What you can do if your video is removed.
Sometimes a video is uploaded to Youtube and the uploader has obtained permission to use a copyrighted work or they believe that it falls within fair use. The uploader can appeal the video takedown in hopes of overturning the ruling. A notification will appear to the user once their video is removed, with the option of appealing the decision. Doing this has the potential for the video to be brought back up, however if this option is used there is a possibility that the copyright holder will take legal action against the user. Making an appeal against a video takedown is risky, and should only be done if you are certain that you are within your rights to be posting the video to Youtube.
Sources:
Campbell, Colin. (December 2013). Everything you need to know about the Youtube copyright crisis and why you should care. Retrieved from http://www.polygon.com/2013/12/14/5208782/everything-you-need-to-know-about-the-youtube-copyright-crisis.
Youtube has a responsibility the ensure that videos uploaded to their website do not infringe the copyrights of others. When someone puts a video on their website, they are legally obligated to check that the person uploading it has the full rights to that video.
" But the footage is copyrighted and much of it is held on a Youtube database that can be searched by Youtube via a system called ContentID. That system checks for stuff that belongs to Publisher X but has been featured by a Youtuber. " (Campbell, 2013)
ContentID is their primary resource when checking videos for copyright infringement. Another method that is used is their flagging system, which allows other users to flag a video if they believe that said video contains copyrighted material. If it is found that a video is infringing a copyrighted material then it will be taken down from their website and the user's account will be penalized.
What you can do if your video is removed.
Sometimes a video is uploaded to Youtube and the uploader has obtained permission to use a copyrighted work or they believe that it falls within fair use. The uploader can appeal the video takedown in hopes of overturning the ruling. A notification will appear to the user once their video is removed, with the option of appealing the decision. Doing this has the potential for the video to be brought back up, however if this option is used there is a possibility that the copyright holder will take legal action against the user. Making an appeal against a video takedown is risky, and should only be done if you are certain that you are within your rights to be posting the video to Youtube.
Sources:
Campbell, Colin. (December 2013). Everything you need to know about the Youtube copyright crisis and why you should care. Retrieved from http://www.polygon.com/2013/12/14/5208782/everything-you-need-to-know-about-the-youtube-copyright-crisis.
(2) Copyright Laws in the U.S.
What makes something a copyrighted material?
The first thing to know when using someone else's work is whether or not it has a copyright on it. The simple answer to that is probably yes. To know for sure let us refer to Title 17 of the United States Code.
" 102. Subject matter of copyright: In general
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works. " (Copyright Law of the United States of America)
To summarize, anything that fits into one of these categories will have a copyright on it.
How you can use a piece of copyrighted material
Someone who holds a copyright on something can choose to allow others to make use of their work. This is is generally done by paying the copyright holder for the rights to use their material, however the copyright holder may also simply give someone their consent to use it. If neither of these options are used, one may also use the copyrighted material as long as it meets the terms of fair use, which is defined as follows:
" 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that secion, for purposed such as criticism, comment, new reporting, teachings (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. " (Copyright Law of the United States of America)
Remember to keep in mind that if you do not meet the requirements of fair use and do not receive permission to use a copyrighted work, you may not use it at all. The copyright holder would be within his/her rights to take legal action against you.
Sources:
Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code. http://www.copyright.gov/title17/92chap1.html#106a.
The first thing to know when using someone else's work is whether or not it has a copyright on it. The simple answer to that is probably yes. To know for sure let us refer to Title 17 of the United States Code.
" 102. Subject matter of copyright: In general
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works. " (Copyright Law of the United States of America)
To summarize, anything that fits into one of these categories will have a copyright on it.
How you can use a piece of copyrighted material
Someone who holds a copyright on something can choose to allow others to make use of their work. This is is generally done by paying the copyright holder for the rights to use their material, however the copyright holder may also simply give someone their consent to use it. If neither of these options are used, one may also use the copyrighted material as long as it meets the terms of fair use, which is defined as follows:
" 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that secion, for purposed such as criticism, comment, new reporting, teachings (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. " (Copyright Law of the United States of America)
Remember to keep in mind that if you do not meet the requirements of fair use and do not receive permission to use a copyrighted work, you may not use it at all. The copyright holder would be within his/her rights to take legal action against you.
Sources:
Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code. http://www.copyright.gov/title17/92chap1.html#106a.
Friday, March 21, 2014
(1) Blog Introduction: Copyright Laws
Learning Copyright Laws
This blog will discuss the intricacies of copyright laws. In particular, this blog will talk about how you can use copyrighted material in a legal and responsible way. The goal here is to use various credible resources to bolster a concise guide that you can follow so you can safely used a copyrighted work in the creative way that you want to. The focus will be on the policies relating to Youtube, as it is a very popular media sharing website and it is riddled with copyright abuse. General copyright law will be covered as well, but using a popular example will make understanding it much easier. By the time this blog is finished you will be able to confidently know the ins and outs of copyright law.
You The Audience
If you are reading this blog, then you should be interested in the topic of copyright laws, or the use of copyrighted media. Maybe you have used a piece of work that is copyrighted and have been unable to share it the way that you would like. There are many content creators that use small amounts of a copyrighted work, and then those that use a majority of one for their content. If you fall under either category, you can benefit from this blog.
Me The Author
I'm Chris Schmidt, and i'm a college student at The University of Texas at Dallas. I work with copyrighted media quite frequently for various personal projects. I have uploaded many of these projects to Youtube and faced various copyright infringement strikes. The current excuse that I use is to claim fair use on the videos, but that only goes so far. With this blog I will cover the many options that are viable and those that can get you into trouble. It will be a learning experience for me as well, but with resources from recognized publications and other credible blogs I will make this blog a useful source for copyright information.
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