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.
Friday, March 28, 2014
(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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