Severe Weather Video Stream Theft

[Bill Tabor]

I'd reccomend you hire an IP attorney forthwith, Brett, and not try to do this on your own. You might consider Carolyn Wright (www.photoattorney.com); I've heard good things about her. Register your footage with the US Copyright office immediately -- this will cost $45. Since you are dealing with a network, you're looking at someone with deep pockets. A willful infringement like this will net you five figures in settlement, most likely, but not if you go about it incorrectly.

How does this registration with the copyright office work if it is a live broadcast? Do you have X amount of time to submit in order to get full rights so that retroactively you could get the higher damages? I always heard if you don't file you still have rights, but can't get as much cash.

Actually, this could be a good quick way to fund some chases if you can get some good video and retroactively catch some national or local pirates. Sounds like that is what some of you are already doing.

Definitely let me know if you see my feed ever being used. My problem is finding a decent photogenic tornado this year while the cam is running. I almost had the second SevereStreaming tornado ever earlier this year south of Wichita Falls and just when the funnel was going to touch down I accidentally switched my cam off. I thought I was switching from Auto to Manual -which is something I do to lock in the infinity focus - instead I switched it the other way to OFF.

Other than that when things got good I often had no decent cell signal for data. Then my latest glitch is for some reason my Windows Media Encoder at times won't display the video from the dashcam as I try to log on before pushing encode. That's some kind of crazy hardware issue - probably with the cam. It's getting a bit old and has been shaken to death after a few years of dashcam use during chases.

Maybe I can get it all to come together again soon. Guess I could plug my Vx2000 into it. Now that would be a picture and it would work in practical darkness. Problem is I'm not sure it would fit on the mount on my dash. If I'm parked I could set it up outside on a tripod though.

 

[Bill Tabor]

I don't see anywhere on the website where it talks about moderated feeds. Are there more verbose details on usage, and options from the streamers point of view as well as from the viewer?

 

[Shane Adams]

Shane, I don't think you fully grasp the legal options available to chasers who's images/videos get "jacked". I'm not talking about the 13 year olds on Youtube, of course -- but if you find your video feed being pirated by a national network or even a local affiliate, especially after you've explicitly instructed them that they do not have the rights -- there are recourses. There is no need to "whine" about it; in fact, it's probably best that as little as possible be said at all about it publicly. You just ring up your IP lawyer.

I fully understand this, as I've been involved in a similar case myself years ago back when we "live fed" from TV stations via satellite

It happened to me the very first time I did this, and the whole ordeal I had to go through to get my money back was far more time-consuming and stressful than the money was worth in the end. I knew right then it would always be more trouble to police video thieves than it would be worth, so I stopped. I guess it's just differing opinions; IMO I just don't see how a few hundred bucks here or there is worth risking piracy every second you're feeding, and having the resources to police it 24/7 is impossible, unless you're loaded with dough.

I'd suggest anyone who plans to consistently live stream grab a team of attorneys NOW to be ready for when it happens to them...because it will. However, between what this legal security would cost you plus the soaring price of gas, I just don't see how a lot of chasers could afford it. Unless there's some legal secret for officially copyrighting live streaming video through the government (as it happens), you'd still be liable for all attorney/court fees regardless of any settlement. Unless the laws have changed somehow?

 

[Jay McCoy]

Then I guess we shouldnt post any pictures, Video or market DVD's either since they can also be used without authorization by some low life tv producer. Live streaming is still intellectual property just like photos and video. It is illegal to use them without permission.

This isnt a case of just hundreds but thousands and possibly 10's of thousands of dollars and yes you can force the defendant to pay court costs including lawyer fees if they are found liable. If we allow these stations to just do as they wish without consequences then why would they ever pay for video?? Add that to the new I-Report craze and chasers are out of the business of providing any kind of service to the media. We cant stop the I-rport crap but we can control theft of our property.

No different than a thief stealing my car because I left it in the driveway instead of the garage. just because its there doesnt mean they have the right to steal it and I am sure anybody would want the bastard locked up for it.

Most of us stream so we can share our experience with fellow chasers who are stuck at home but we do not want the media sharing it with their audience without compensation and it is expressly made that known to them. Changes may have to be made where its harder to stream it directly by a station without some sort of password or filter. Steve and I (mostly steve) have worked hard to make our feed the best and most stable it can be and were proud to be the 1st to stream a tornado as it happened. Its cool knowing 400+ people incuding the NWS in OUN and FTW were both watching us that day. I will say it does make you behave with your driving.....lol

 

[Melanie Kern-Favilla]

I'm not saying chasers should quit streaming video, the groupies love it. I'm just saying stop whining about it when you get jacked, cause it's inevitable.

I am proud to say that I am one of the 'groupies' to which Shane is referring. I am not able to chase regularly, and I greatly appreciate all of the streamers that allow those of us that are stuck at home in non-chaseable territory to virtually chase. There are streamers that are very aware of the feed at all times, constantly re-positioning their camera so that we do not miss a frame. I hope everyone continues to stream.

I believe that the streamers own their stream and should be compensated properly. They don't deserve to get ripped off just because there are thieves out there.

Melanie

 

[Melanie Kern-Favilla]

I don't see anywhere on the website where it talks about moderated feeds. Are there more verbose details on usage, and options from the streamers point of view as well as from the viewer?

I can only tell you that from my experience in using the Severe Studios site, the moderator feed isn't always running. When it is running, however, there is a link at the top of this page: http://www.severestudios.com/livechase. And yes, the moderator feed does have audio, but I've found that when my viewer pops up to watch the feed, the mute button is automatically defaulted to MUTE.

Melanie

PS: For those of us that cannot chase, the Moderator Feed is great.

 

[Andrew Stoller]

I'm a severestudeios groupy.

I think it's awesome! I can't chase all the time like a lot of you guys, and I appreciate very much the fact that you guys take the time, effort, and money to stream.

Regarding the live moderator feed, I personally think it's a great idea and on the last couple of big days, it's all I watch. With dozens of cameras going, it's hard to keep track of which feed has the action, and the moderator does that. And the mod makes it crystal clear who's feed it is, and shows the GPS position relative to the storm.

Much better than sitting there with 2 cameras that might have a good shot (and not knowing which ones) and 20 other ones looking at semi trucks on the highway.

How long will it take before it becomes a pay service though? Not only for media outlets, but us amateur chasers sitting back in the office? I fear it will go that route because utilizing the technology to allow certain people to watch your stream will make charging for it much easier.

 

[Brett Adair]

I'd reccomend you hire an IP attorney forthwith, Brett, and not try to do this on your own. You might consider Carolyn Wright (www.photoattorney.com); I've heard good things about her. Register your footage with the US Copyright office immediately -- this will cost $45. Since you are dealing with a network, you're looking at someone with deep pockets. A willful infringement like this will net you five figures in settlement, most likely, but not if you go about it incorrectly.

I just shot her an email. I will burn my files to DVD tonight and send the copyright in. It's time to get some redemption for the thieves in the media business for all of us.

 

[Ryan McGinnis]

I fully understand this, as I've been involved in a similar case myself years ago back when we "live fed" from TV stations via satellite

Unless there's some legal secret for officially copyrighting live streaming video through the government (as it happens), you'd still be liable for all attorney/court fees regardless of any settlement. Unless the laws have changed somehow?

If you register your work within 90 days of it being published (or live fed, in this case), the infringer is responsible for all court costs and legal fees, should they lose in court, which is highly likely if the facts support your case. This is why they usually settle for a large number when your attorney mentions that you have a registration certificate. Well, that, and the fact that courts can and occasionally do reward tens to hundreds of thousands of dollars worth of statutory damages, depending on how flagrant the infringement was.

 

[Mike Peregrine]

That's a very good idea. You are still well within the registration time limitation.

It could be that if the stream were simultaneously taped, you'd be able to register the copy still in your possession, which may (or may not) include the stream itself. Several interesting questions come up. A lawyer would have to advise, but definitely some things to explore. This will likely become a whole new area of copyright law ... streaming video is only going to become bigger and bigger as time goes on.

 

[HAltschule]

Gentleman, Ladies:

As someone who works with attorneys everyday, I would suggest that you consult with one and have them write the appropriate letters on their letterhead to any TV Stations or other entities that have taken and/or aired your videos unlawfully based on the terms of the website and your video stream. I would also suggest that you use a "local" attorney to do this since your meetings and any other lawsuit related issues can add up. (You dont want to travel 3 hours away everytime something is needed).

Also, as a former TV guy....and RDale will agree I assume, your 30 seconds of video equals $1000-$5000 each time it is used (depending on the market). If it is national TV...then a 30 second spot would probably cost in the 10 of thousand of dollars, or more.

I always cringe when TV stations pull this kind of crap and then stand tough by offering their employees/Union shops a 0% raise.

Good luck.

 

[Bill Tabor]

If you register your work within 90 days of it being published (or live fed, in this case), the infringer is responsible for all court costs and legal fees, should they lose in court, which is highly likely if the facts support your case. This is why they usually settle for a large number when your attorney mentions that you have a registration certificate. Well, that, and the fact that courts can and occasionally do reward tens to hundreds of thousands of dollars worth of statutory damages, depending on how flagrant the infringement was.

Ok Ryan, that makes sense..I thought I remembered we had 90 days from creation to submit, and even after that you have options you just aren't typically able to get as much. Martin Lisius is always talking about this stuff.

 

[Bill Tabor]

And yes, the moderator feed does have audio, but I've found that when my viewer pops up to watch the feed, the mute button is automatically defaulted to MUTE.

Ok, how does this moderated feed work? Is it being used for all chase feeds or only certain service levels? I was under the impression that there was no audio being transmitted. I don't necessarily want audio being transmitted without my knowledge. People can say anything when chasing spur of the moment and it's better to not have to constantly monitor yourself.

SevereStreaming could could you please respond to this?

 

[HAltschule]

One more things guys. If you are serious about a lawsuit or some settlement, save ALL of your gas, toll, internet connection receipts, etc....(anything that you pay for to chase). This will show that you have recurring expenses associated with your chases and there is a reason why you sell the rights to your videos.

 

[J Kinkaid]

Ok, how does this moderated feed work? Is it being used for all chase feeds or only certain service levels? I was under the impression that there was no audio being transmitted. I don't necessarily want audio being transmitted without my knowledge. People can say anything when chasing spur of the moment and it's better to not have to constantly monitor yourself.

SevereStreaming could could you please respond to this?

Chasers do not stream audio just video. They have a host that talks about storms and puts up active cams .