Footage theft question

Rick L. Allen · May 31st, 2011, 10:15 AM

YouTube Terms of Service, Item 6C

"However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable."

Chris Davis · May 31st, 2011, 11:20 AM

That does not mean your footage is now public domain. It means you are granting YouTube the right to show your video. That's fair, because the assumption is that you did upload it to YouTube for that purpose.

If you're referring to the portion that reads "You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service"; that means YouTube users can watch the video (and embed it on their website, Facebook, MySpace, et al) through the functionality of the Service.

The italicized words are very important. It does not mean you can download the footage and use anywhere you see fit.

Paul R Johnson · May 31st, 2011, 01:34 PM

My interpretation of the first section seems to suggest that they can copy it and re-distribute it - the can license it to others, as they do on those TV programmes who search for silly material. It certainly reads to me that they can do what they like with it!

Chris Davis · May 31st, 2011, 02:19 PM

Quote:

Originally Posted by Paul R Johnson

My interpretation of the first section seems to suggest that they can copy it and re-distribute it - the can license it to others, as they do on those TV programmes who search for silly material. It certainly reads to me that they can do what they like with it!

That may be how you interpret it, but that's neither here nor there, because I'd be willing to bet large sums of money that YouTube did not produce the PBS program in question, nor were they involved in licensing footage to the producers of said program.

Dale, have you found out anything about this situation in the past week?

May 31st, 2011, 10:15 AM	#16
Rick L. Allen Major Player Join Date: Dec 2007 Location: Fayetteville, NC Posts: 535	Re: Footage theft question YouTube Terms of Service, Item 6C "However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable." __________________ "The good thing about science is that it's true whether you believe it or not." Neil deGrasse Tyson https://www.nautilusproductions.com/

May 31st, 2011, 11:20 AM	#17
Chris Davis Trustee Join Date: Jul 2005 Location: Willmar, MN Posts: 1,400	Re: Footage theft question That does not mean your footage is now public domain. It means you are granting YouTube the right to show your video. That's fair, because the assumption is that you did upload it to YouTube for that purpose. If you're referring to the portion that reads "You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service"; that means YouTube users can watch the video (and embed it on their website, Facebook, MySpace, et al) through the functionality of the Service. The italicized words are very important. It does not mean you can download the footage and use anywhere you see fit.

May 31st, 2011, 01:34 PM	#18
Paul R Johnson Inner Circle Join Date: Nov 2005 Location: Lowestoft - UK Posts: 4,015	Re: Footage theft question My interpretation of the first section seems to suggest that they can copy it and re-distribute it - the can license it to others, as they do on those TV programmes who search for silly material. It certainly reads to me that they can do what they like with it!