Can NBC Use Your YouTube Videos Without Permission?

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Can NBC just use your YouTube video without your permission? Apparently they think they can.

In the above video, YouTube user TAOFLEDERMAUS shows how a number of his popular YouTube clips were used on the NBC show, and how he received no on-screen credit. Additionally, in almost all instances, the video has been cropped in such a way that his identifiable mark is no longer visible in the corner of the screen.
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Better copywrite your shit if you want to keep it. If you don't, then you didn't really want it.
 
These people go after YouTube folks for using their content, yet take what they want without any credit or problems... Hypocrites. Even if there was some kind of lawsuit - consumer pays $150K per song/video it can be life destroying. NBC gets the same fine - they just pull it out of their petty cash bag...
 
At least NBC didn't edit the videos to make the owner sound like a racist. Like that hasn't happened before.

/sarcasm
 
Here is the bottom line. If you post a video to YOUTUBE, it is not YOURS anymore. You just gave it to the public. Stop feeling any entitlement to it.
I understand, high quality video is expensive and time consuming to make. Quality content takes up the time of professionals to create with expensive cameras and editing equipment. This is true! Still putting it on YOUTUBE you are giving it away for free.
IF you must put content on youtube, do it expressly to give it away.
 
Dr. Righteous said:
Here is the bottom line. If you post a video to YOUTUBE, it is not YOURS anymore. You just gave it to the public. Stop feeling any entitlement to it.
I understand, high quality video is expensive and time consuming to make. Quality content takes up the time of professionals to create with expensive cameras and editing equipment. This is true! Still putting it on YOUTUBE you are giving it away for free.
IF you must put content on youtube, do it expressly to give it away.
Click to expand...

Or Google should figure out a way to protect the user's material ... perhaps a Youtube premium service (still free for the viewers but a fee is charged to the poster to provide the copyright protection) ... the content poster could then choose whether they want their materials in the Wild Wild West section or the protected under copyright and fair usage section ... most users won't care and will stay with the free section but the ones with higher quality content could pay for the extra protections
 
Dr. Righteous said:
Here is the bottom line. If you post a video to YOUTUBE, it is not YOURS anymore. You just gave it to the public. Stop feeling any entitlement to it.
I understand, high quality video is expensive and time consuming to make. Quality content takes up the time of professionals to create with expensive cameras and editing equipment. This is true! Still putting it on YOUTUBE you are giving it away for free.
IF you must put content on youtube, do it expressly to give it away.
Click to expand...

That's not true. You do not give up ownership rights to videos you create and upload to YouTube.
 
Dr. Righteous said:
Here is the bottom line. If you post a video to YOUTUBE, it is not YOURS anymore. You just gave it to the public. Stop feeling any entitlement to it.
I understand, high quality video is expensive and time consuming to make. Quality content takes up the time of professionals to create with expensive cameras and editing equipment. This is true! Still putting it on YOUTUBE you are giving it away for free.
IF you must put content on youtube, do it expressly to give it away.
Click to expand...

WRONG WRONG WRONG
 
Skillz said:
That's not true. You do not give up ownership rights to videos you create and upload to YouTube.
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That's right. Even if you did (I've never read the YouTube user agreement - don't upload videos), you wouldn't have given up those ownership rights to an uninvolved third party (NBC) and Google/YouTube wouldn't give such a third party rebroadcast rights without some horse tradin'.

Ideally, Google would sue such rebroadcasters on behalf of their users, giving those users a meager cut of any settlement. ;)
 
Wow, someone on YouTube is seeking attention? I'm so surprised.
 
[QUOTEBy Spazturtle;
]Er, you can't copyright stuff, copyright is automatic, the moment something is created it has copyright. [/QUOTE]

Sure, you are correct and that's why we have this :rolleyes:
http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States
While copyright in the United States automatically attaches upon the creation of an original work of authorship, registration with the Copyright Office puts a copyright holder in a better position if litigation arises over the copyright. A copyright holder desiring to register his or her copyright should do the following:

Obtain and complete appropriate form.
Prepare clear rendition of material being submitted for copyright
Send both documents to U.S. Copyright Office in Washington, D.C.
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http://www.copyright.gov/about.html

And lastly;

https://support.google.com/youtube/answer/2797466?hl=en

Can YouTube determine copyright ownership?

No. YouTube isn’t able to mediate rights ownership disputes. When we receive a complete takedown notice, we remove the content as the law requires. When we receive a valid counter notification we forward it to the person who requested the removal. After this, it’s up to the parties involved to resolve the issue in court.

We offer Content ID to copyright owners who wish to automatically identify their content when it’s uploaded to YouTube, and we allow users to dispute inaccurate claims.
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So my statement still stands;
Better copyright your shit if you want to keep it. If you don't, then you didn't really want it.
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As in Formally register your shit with the US Copyright Office.
 
http://www.copyright.gov/help/faq/faq-general.html#mywork

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”


Registration is not required to "keep your shit" as you put it. Registration is only required if you wish to bring a lawsuit for infringement.
 
Dr. Righteous said:
Here is the bottom line. If you post a video to YOUTUBE, it is not YOURS anymore. You just gave it to the public. Stop feeling any entitlement to it.
I understand, high quality video is expensive and time consuming to make. Quality content takes up the time of professionals to create with expensive cameras and editing equipment. This is true! Still putting it on YOUTUBE you are giving it away for free.
IF you must put content on youtube, do it expressly to give it away.
Click to expand...

^ how to people think like this?
 
Dr. Righteous said:
Here is the bottom line. If you post a video to YOUTUBE, it is not YOURS anymore. You just gave it to the public. Stop feeling any entitlement to it.
I understand, high quality video is expensive and time consuming to make. Quality content takes up the time of professionals to create with expensive cameras and editing equipment. This is true! Still putting it on YOUTUBE you are giving it away for free.
IF you must put content on youtube, do it expressly to give it away.
Click to expand...

... uh... you retain rights to the video you upload to youtube.
 
Ur_Mom said:
These people go after YouTube folks for using their content, yet take what they want without any credit or problems... Hypocrites. Even if there was some kind of lawsuit - consumer pays $150K per song/video it can be life destroying. NBC gets the same fine - they just pull it out of their petty cash bag...
Click to expand...

Consumers are often charged with how many people they shared it with, so why not the same here? How many people were watching the show at the time? Find that out and then multiply that by 150k. Seems fair to me.
 
lcpiper said:
Sure, you are correct and that's why we have this :rolleyes:
Click to expand...

If you read that, it says it in there, that it's copyrighted at creation. Registering it is not copyrighting it.
Dr. Righteous said:
Here is the bottom line. If you post a video to YOUTUBE, it is not YOURS anymore. You just gave it to the public. Stop feeling any entitlement to it.
Click to expand...

You're either trolling or an idiot.

Megalith said:
Wow, someone on YouTube is seeking attention? I'm so surprised.
Click to expand...

You're kidding right? I know there are a lot f people that do so to get their 15 minutes of fame, but having your work copied and uncredited is plagarism. I probably wouldn't go to the papers (though I'm sure they would get word) and just send the a letter, than move on to lawsuits, if that fails. Kind of like the poptart cat guys.
 
lcpiper said:
Better copywrite your shit if you want to keep it. If you don't, then you didn't really want it.
Click to expand...
content is automatically copyrighted upon creation. filing a copyright is a different matter but not necessary to protect one's rights.
 
So, the short answer is, Your Copyright is only as a Valid as the skill of your legal team and the depth of your pockets. business as usual.
 
yup, he who has the most to spend on lawyers wins... not news...
 
BladeVenom said:
Where's the $150,000 per infringement?
Click to expand...

This likely falls under fair use. The clips were used in an editorial to highlight a relation to rat traps being used for other things. This was done to further their presentation on the rat trap bomb trigger. It doesn't harm the initial creator.

Poor form to not credit and to crop the video? Yes. But a fair use claim would be tough to overcome and probably prove costly. NBC has lawyers on staff for just that situation.

The resulting news story about this has probably done more to benefit the YouTuber then including his name in the credits would have.
 
Skillz said:
That's not true. You do not give up ownership rights to videos you create and upload to YouTube.
Click to expand...

Correct.
Hope that makes you feel warm and fuzzy like you have some rights or something.
Try to enforce it. Try to get a lawyer to take up your case. It's not worth it to them. It's like trying to get a lawyer because a neighbor's dog crapped in your yard.
It has to amount to a lot more than someone just using your video without credit or permission.
 
Parmenides said:
^ how to people think like this?
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It is how things actually are, unless you're well-enough-off to afford your own legal team.

You post things online, they become public and you as an individual cease having any control over them. And unless you have a team of lawyers on retainer, you can squawk all you want about how unfair it is that NBC or Fox or ABC or whomever "stole" your content and cropped the watermark....but IRL you're not going to do anything that matters to a billion dollar media conglomerate, and they know it.


The guy is legally right to be pissed. But at the end of the day, he's yelling at clouds for all the good he'll do.
 
Hell they can and they will.
Wasn't it NBC that gave the guy a cease and desist letter for using his own video because they rebroadcasted it on a talk show like the late show or something?
If that wasn't a warning to us that big companies are allowed to shit all over our rights, pretty sure this is now example #2.
 
It appears that I created a video compilation of LeAnn Rimes' videos and performances prior to her label so I have US copyright on her video compilations. Seems strange as it wasn't my material, I just put it together and gave it away as a freebie with the purchase of my photo set.

http://transamws6.com/tape/
They sent me quite a few cease and desist letters with the last one requesting an amount of sales.
I think including the bootlegged Live CD was the item that really made them crack down on me.

They made a couple for the UK/European market though.
http://en.wikipedia.org/wiki/LeAnn_Rimes_discography#Video_albums
 
Skripka said:
It is how things actually are, unless you're well-enough-off to afford your own legal team.
You post things online, they become public and you as an individual cease having any control over them. And unless you have a team of lawyers on retainer, you can squawk all you want about how unfair it is that NBC or Fox or ABC or whomever "stole" your content and cropped the watermark....but IRL you're not going to do anything that matters to a billion dollar media conglomerate, and they know it.
The guy is legally right to be pissed. But at the end of the day, he's yelling at clouds for all the good he'll do.
Click to expand...


Correct.

An exception would be if say I produce a set of instructional DVDs on say "how to play guitar" and someone who purchased that posted video from the DVDs to YouTube; that is a different story.
That is breach of copyrighted material and YouTube would HAVE to remove the content. This happens all the time.
 
Motomonkey;
So, the short answer is, Your Copyright is only as a Valid as the skill of your legal team and the depth of your pockets. business as usual.
Click to expand...

This guy get's it and so does Dr. Righteous.

Correct.
Hope that makes you feel warm and fuzzy like you have some rights or something.
Try to enforce it. Try to get a lawyer to take up your case. It's not worth it to them. It's like trying to get a lawyer because a neighbor's dog crapped in your yard.
It has to amount to a lot more than someone just using your video without credit or permission.
Click to expand...

Youtube is a free to watch, and it's free to upload content, so it is in essence the public domain. It is only a matter of time and the ruling of a judge away.
 
You might have a problem with this example though MrRighteous;
Correct.
An exception would be if say I produce a set of instructional DVDs on say "how to play guitar"
Click to expand...

http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States#Works_subject_to_copyright_law

in short, not everything is covered as materials subject to copyright, there are some examples below. Anyway, the idea is that the instructional video might not be covered unless it incorporates some artistic elements and then it is only the artistic elements that are protected. Anyway, there are limits to what is and isn't protected as a copyrighted "article" or "work".
 
lcpiper said:
in short, not everything is covered as materials subject to copyright, there are some examples below. Anyway, the idea is that the instructional video might not be covered unless it incorporates some artistic elements and then it is only the artistic elements that are protected.
Click to expand...

What that means is that the instructions themselves wouldn't necessarily be subject to copyright. That is to say, if in the video he shows you how to hold the guitar there's nothing stopping me from making a video where I show people how to hold a guitar in the exact same way. The video itself though would be an "Audiovisual Work" and covered under copyright law. If the actual video got posted on YouTube I could get YouTube to take it down. What I'm not understanding is how either of you are making an argument against YouTube and not just a general argument against anyone but the super-rich being able to enforce copyright in any way at all. If NBC rebroadcasted his instructional video, even if it IS covered by copyright, your argument(and his) is that NBC can afford better lawyers than he can so therefore there's nothing he can do about it. What does that have to do with YouTube?
 
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