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Old June 12th, 2009, 10:25 AM   #1
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Is YouTube public domain???

Yesterday I was watching some Fox news show and on it they were showing some clip that they got from YouTube. Fox had a title line over the video saying it was from Youtube.

So what I wonder, did fox have to pay for this? Does stuff on youtube not have the same copyright issues as other videos? What about the person(s) that actually created the content? Can I use Youtube videos in projects without getting into trouble?

Let me know your thoughts.

Jonathan
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Old June 12th, 2009, 10:53 AM   #2
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Quote:
Originally Posted by Jonathan Levin View Post
Yesterday I was watching some Fox news show and on it they were showing some clip that they got from YouTube. Fox had a title line over the video saying it was from Youtube.

So what I wonder, did fox have to pay for this? Does stuff on youtube not have the same copyright issues as other videos? What about the person(s) that actually created the content? Can I use Youtube videos in projects without getting into trouble?

Let me know your thoughts.

Jonathan
YouTube clips have the same copyright as any other video. I think the YT terms of service allow them rights to redistribute materials that users have contributed. But Fox is probably relying on the journalism exceptions to the need to obtain permissions that are embedded in the Fair Use doctrine to allow them to use material without securing formal permission from either YouTube or the original contributor. Unless you're doing formal reporting as recognized news coverage, academic research, formal criticism, or classroom instruction you're going to need to obtain permission to use YT videos in your productions.
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Old June 12th, 2009, 12:50 PM   #3
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Quote:
Originally Posted by Jonathan Levin View Post
So what I wonder, did fox have to pay for this?
No, the "fair use" exemption to (U.S.) copyright law was created to allow for news reporting (among other things.)

Quote:
Does stuff on youtube not have the same copyright issues as other videos?
You do not surrender any copyright protection by posting on YouTube, but you do assign some of your rights to YouTube (you have read the user agreement and terms of service before you posted a video on YouTube, right?)

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Can I use Youtube videos in projects without getting into trouble?
Umm, are you asking "will I get caught?" No, you probably would never get caught. Does that mean it's legal (or right?) No, using any creative work without permission (regardless of the medium you retrieved it from) is wrong.
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Old June 12th, 2009, 12:55 PM   #4
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Originally Posted by Chris Davis View Post
....using any creative work without permission (regardless of the medium you retrieved it from) is wrong.

Unless of course it is already in the public domain. (which a You Tube post is not absent some dedication to the public domain by the poster, which you will likely NEVER see).
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Old June 14th, 2009, 03:04 PM   #5
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Read the YouTube "Terms of Service" item 6C and you'll see that YouTube videos are not in the public domain BUT YouTube then turns around and allows free use (or misuse) of those same videos. You'll never post a video on YouTube again if you care about your intellectual property because once you post it you've lost it.
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