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.
Friday, April 4, 2014
(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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