@lyndahere “File Video”?
You’re making me laugh, NTV”. 22 January 2013
“What was it? One of
yours?” 22 January 2013
@lyndahere “Yep – fr the
Gramercy IGP. Glad Alan gets seen w. Sting again but they really
should have said “From Youtube”. Bit more honest”. 22 January
2013
“I hear ya!!
Geeze…Shaking my head.” 22 January 2013
@lyndahere “Nowhere near as bad
as when the newspapers use your photo and the cutline reads “Staff
Photo”. Unwitting volunteer staff, I suppose”. 22 January 2013
“Yeh unwitting for
sure…! That would irk me thought! Grrrr 22 January 2013
@lyndahere “Nope, it just
amuses. It’s the media/internet – if you let it irk you, you’ll
go cracked. #LessonsLearnedTheHardWay 23 January 2013
“True – Goes with
the territory I guess! 23 January 2013
(The identity of the Twitter account has been removed)
It seems there is one rule for Lyndahere and that it is okay for her to pirate and bootleg other
people’s creative work but it isn’t all right for them to pirate
hers. So what are the Terms of Service for YouTube and is Lyndahere
complying with them. I would like to allege she is not.
Wiki answers states that a standard
Youtube license is detailed in the “Terms of Service”, but
basically when a person signs up for Youtube they give Youtube the
right to broadcast their videos. Apart from that, a person retains
all copyright, the right to watch it, but not to download it, copy it
or distribute it”.
There are two interesting aspects of
the Terms of Service for the use of Youtube that involve Lyndahere.
The Terms of Service applies to all users and contributors of
content. Content includes text, software, scripts, graphics, photos,
sounds, music, videos, audiovisual combinations, interactive features
and a range of other features for viewing, accessing and
contributing. When a person creates a YouTube account they are solely
responsible for the activity that occurs in the account.
The YouTube Terms and Services Section 6 state…
“You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service…
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, publish, adapt, make available online
or electronically transmit, 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, publish, make available online or electronically
transmit, and perform such Content as permitted through the
functionality of the Service and under these Terms of Service…(even
if you decide to delete it.)
You
further agree that Content you submit to the Service will not contain
third party copyrighted material, or material that is subject to
other third party proprietary rights, unless you have permission from
the rightful owner of the material or you are otherwise legally
entitled to post the material and to grant YouTube all of the license
rights granted herein.
You
further agree that you will not submit to the Service any Content or
other material that is contrary to the YouTube Community Guidelines,
currently found at http://au.youtube.com/t/community_guidelines,
which may be updated from time to time, or contrary to applicable
local, national, and international laws and regulations”.
The Terms of Service are specific in
that people placing content on YouTube must have all the appropriate
licences and permission of those involved. Wikisummaries states on
the YouTube Terms of Service “Such
content must be your own or you should have copyright owner’s
written permission”. I would like to
allege Lyndahere did not have permission from Alan Doyle, Great Big
Sea and any of the artists and musicians to make live recordings at
their concerts or a license and as a consequence has breached them.
When Lyndahere created her YouTube
account she effectively allowed YouTube to use the material in any
way they wanted. Wikisummaries states on the YouTube Terms of Service
“You retain the copyright for
your content, but by submitting it to YouTube you are giving YouTube
the right to use the material in any form that it may desire. This
right will terminate only when you remove the content from YouTube
website”. She has also allegedly
signed away rights she did not have permission to do, and that is the
right of the artists and musicians whose music she has bootlegged.
Under the Terms of Service Lyndahere is not entitled to any
royalties from the use of the material on her site. There is
no clause that states those using the content are required to
acknowledge their source. They are entitled to make derivative works
for example making photographs from the videos of the live
recordings.
YouTube states on their copyright site
that describes what copyright is, how to avoid an infringement and
about possible infringements that include videos of live concerts.…
“The most common reason we take down videos for copyright infringement is that they are unauthorized copies of copyrighted content, and the owners of the copyrighted content have altered us that their content is being used without their permission. Once we have become aware of an unauthorized use, we will remove the video promptly…Some examples of potentially infringing content are
“The most common reason we take down videos for copyright infringement is that they are unauthorized copies of copyrighted content, and the owners of the copyrighted content have altered us that their content is being used without their permission. Once we have become aware of an unauthorized use, we will remove the video promptly…Some examples of potentially infringing content are
- TV shows,
- Music videos, such as the ones you might find on music video channels,
- Videos of live concerts, even if you captured the video yourself,
- Movies and movie trailers,
- Commercials,
- Slide shows that include photos or images owned by somebody else.
However, there would be exemptions for
videos made of live concerts for example, if the artists or musicians
owned the rights to the material they were performing and wanted to make
a video of their performance, gave permission for someone else to
make a video at a concert or the person recording the video obtained
permission or the artists and musicians had an open taping policy.
There may also be exemptions under fair usage for organisations like
news and television entertainment programs as they
usually only record a small amount of footage.
There are many things Lyndahere does
on her live recordings however they may be a copyright
infringement…
- If you give credit to the owner/author/songwriter—it may still be copyright infringement.
- If you are not selling the video for money—it may still be copyright infringement.
- If similar videos appear on our site—it may still be copyright infringement.
- If the video contains a copyright notice—it may still be copyright infringement.
- If you created a video made of short clips of copyrighted content—even though you edited it together, it may still be copyright infringement.
- If you taped it off cable, videotaped your TV screen, or downloaded it from some other website, it may still be copyright infringement and requires the copyright owner's permission to distribute or can only be used within the limits of legal exceptions to copyright.
YouTube copyright information states
about fair usage under the US Copyright Act…
“It's possible
that you may be permitted to include small excerpts from copyrighted
material in your video if what you intend to use is insubstantial or
is incidentally included, or where the intended use you have for the
copyrighted material falls within a exception or limitation to
copyright under the law in your country…YouTube cannot advise
whether or not your video will ultimately qualify as fair use; this
is something that can only be decided by a court. It is your
responsibility to know the laws in your country, and to understand
fair use before you decide to make a video incorporating copyrighted
content without permission. If you choose to do so, and your video is
removed by the copyright owner, it is even more important that you
understand your position before deciding to submit a copyright
counter-notification.
I do not have a YouTube
account and do not know how it functions. On Wikipedia it states
YouTube users uploading content are
shown a screen that says "Do not
upload any TV shows, music videos, music concerts or advertisements
without permission, unless they consist entirely of content that you
created yourself. Despite this advice, there are still many
unauthorized clips of copyrighted material on YouTube. Lyndahere has knowingly loaded up content onto both her sites on
YouTube Between The Rock and And A Passionate Kisses she did not
create herself. The discussion between Lyndahere and a fan raises the issue for the need for education of some women users on the Internet and the importance of reading
information before signing onto social media sites about issues like
copyright.
References
“What does a standard license mean”
at www.wiki.answers.com
viewed 22 January 2013.
YouTube Terms of Service Summary at
WikiSummaries, viewed 22 January 2013.
YouTube Copyright Information viewed 22
January 2013.
YouTube Wikipedia viewed 22 January
2013.
