Another Copyright/Youtube Question

[Chris Koetters]

I had a video of tornado from last Friday.

http://www.youtube.com/watch?v=SfrFd11aF2Q

I was trying to get it up quickly because we wanted to get it up on my radio stations website. I found out over the weekend that at least two TV stations used my video and ran it over the air. Being in such a hurry to get it up I did not get a © on it.

My question is this. If a tv station wants to use your video without a copyright on it do they need to contact the person who created the video before doing so, or does having a "public" video on Youtube make it available for anyone?

 

[Jesse Risley]

It would appear that it is possible per their TOS:

For clarity, you retain all of your ownership rights in your Content. 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.

Scott Bennett wrote a good blog about this recently. Submitting chase photos and videos via third-party venues brings up this issue quite frequently.

 

[Matt Tottle]

The way I interpret that TOS is that you give THEM and THEM ALONE license to display and reproduce your work, because otherwise they wouldn't be able to function (they would be forced to get your permission for every person who wanted to view your video). It doesn't give Joe Blow from WGAS-TV the right to grab your video and throw it on the air for profit without asking or paying. You have every right to go after them for their violation, and the © is just a formality, and to make it harder to dispute ownership. Your copyright begins as soon as you press record.

 

[Mark Manchester]

Without knowing the specifics I'm wondering that if you were chasing FOR the radio station, wouldn't they own the rights to the video, in which case they could give it to whoever they want?

If you were on your own and just providing them the video, that's something different and you're right, the TV stations shouldn't be able to use the video.

 

[John Wetter]

It's content they didn't license... Go after them.

 

[Chris Koetters]

Well, the video in question did not apply to the radio station that I work for, a couple of tv stations did however run it without any phone call or a simple "hey is it ok to use this?" Yeah I'm ok with my own station having it. We have also came across an issue locally where one of my stations employees shot a video of a tornado on Thursday and a newspaper we are competing with took it and posted it to their website.

Our resolve of that was just plastering copyright all across it so our name is now on their website.

I just wonder how someone like Reed gets away with it. Does he sit on it and wait till tv outlets contacts him to get the video before he even publishes it or do they go after the stations and say "hey, we have video?"

 

[Chris Koetters]

and to answer your question, when it comes to radio stations, it really depends on what the policy is for that station but I would have to believe that most radio station employees are faithful to their stations and would have no problem handing over stuff. Now I have also worked in TV before and if you shoot video its pretty much a given that if you shoot video of something, even with your own recorder, its practically theirs. But again, if someone really wanted to fight they I could imagine they could, might lose their job in the process, but they could.

 

[Wesley Luginbyhl]

I just wonder how someone like Reed gets away with it. Does he sit on it and wait till tv outlets contacts him to get the video before he even publishes it or do they go after the stations and say "hey, we have video?"

From what I have seen, it is both, but the key is to having the contacts and exploiting the hell out of it with the "we have video" appraoch.

 

[KendraReed]

YouTube along with all Social Media are public use services...covered under the "Fair Use and Fair Dealing" portion of copyright laws. There is an extremely fine line with this. For example, I had CNN utilize a video from Tuscaloosa that belonged to one of my chasers. I had to go to executive VP level for a discussion on having it pulled down from their servers. You NEVER EVER EVER EVER want to post anything to YouTube without a watermark...period.