Copyright and fair usage revisited…
“Demonstrating respect
for intellectual property is legally and ethically the right thing to do…” Copyright
Clearance Centre YouTube Video
I am kind of surprised at how many people don’t understand, nor
really care about copyright and fair usage when viewing video materials online.
Yet they claim to be some of the biggest lovers of the work created around. So
I went looking on YouTube for some videos that tell the story of copyright and
fair usage in an interesting way and a way that written material doesn’t. I
found some fun and interesting videos made by credible organisations. I was also surprised
at how many people are interested in copyright and doing the right thing by the
number of hits on each video.
Obviously each social media site has its own rules and
regulations concerning copyright on content and as users it is our
responsibility to find out about how it will affect the content we use, create
and display. I began by watching copyright videos made by YouTube, including
YouTube Copyright Basics (Global), YouTube Copyright Basics and YouTube
Copyright School. The videos created by YouTube state to me YouTube doesn’t
take copyright seriously. Nor are they interested in explaining copyright
to its users, nor do they have a clear perception of what copyright and fair
usage is. To me, YouTube seems to treat copyright as a bit of a joke and a
boring topic and as a consequence perpetuate ignorance and bad digital
citizenship among it’s users. I therefore understand how YouTube users can have
problems with the content they watch and distribute even though their hearts
may be in the right places when it comes to using, creating and distributing
content.
@Lyndahere is a career bootlegger and pirate who copies other
people’s creative work and content without their permission, changes content,
makes derivative works and distributes content whether the legal content owners
want it or not. @Lyndahere has frequently complained on Twitter and Facebook
about people using ‘her work’. A couple of days ago she wrote a response to a
comment made by mic.com about Facebook and copyright “That Facebook ‘Copyright Protection’ Message is Garbage so ‘Stop
Posting It’. She responded by writing “Put
succinctly, FB is a big dickhead who can use your info and what you post
whether you want to or not. And the only way to keep FB from doing that is not to
be on FB.” On the one hand it seems alright for her do what she wants in
regard to other people’s content, but not alright for other people to take her
content and use it how they want.
On the 6 November, 2014 @Lyndahere recorded and distributed
links to a pirated copy of a CBC Canada segment via Facebook and Twitter. Despite the fact she knew there was a legal
copy immediately after, she let the post remain and has continued to collect
hits for her YouTube site Between the Rock. She collected over 3000 hits that
technically belonged to CBC Canada for content she did not create nor had
permission to distribute. @Lyndahere knew the comments on her Facebook
page that said the video could not be seen legally outside of Canada were
not true. She acknowledged this on Twitter and circulated a legal copy. She did
nothing to edit them, remove them or the pirated report. Nor has she distributed
a link to the legal content on Facebook. In these circumstances she used
Facebook in to her own advantage.
On her Facebook page she wrote on the 6 November
2014 “Alan post this link for an online clip and Rick Mercer’s Petty
Harbour fishing (and eating and singing) trip for CBC’s Rick Mercer Report.
It’s gorgeous…and only can be seen inside Canada
(and provided the link).
Slightly less gorgeous – but considerably more
accessible to all – is this recorded-from-the- broadcast (sorry, non-HD)
version (and provided the link).
Canadians – Be smart (an as Alan’s Mom would say Be
Good) and watch the CBC clip Alan shared. Not only is the quality better, the
website traffic should go to CBC from the people CBC is letting see the clip”.
I hope some of these videos on YouTube help people
understand copyright and fair usage.
In a video Copyright Basics (a link is provided
below) created by the Copyright Clearance Center in the United States explain
how copyright is automatic when a work is captured in a fix format either
written down or recorded and are protected by copyright law. The copyright
holders have the exclusive right to perform, display, copy, distribute and
create derivative works.
Copyright Is...: http://youtu.be/8J7styDOUwY
Copyright Basics: http://youtu.be/Uiq42O6rhW4
Copyright Is...: http://youtu.be/8J7styDOUwY
Copyright Basics: http://youtu.be/Uiq42O6rhW4
In certain circumstances people do not require the copyright
holder’s permission to use the work. People can use the work for parody, news
reporting, commentary, scholarly research, and education. Under fair usage
there are four factors which need to be taken into consideration when using a work.
These are
·
the purpose and character of the use,
·
the nature of the copyrighted work,
·
the amount and substantial of the work and
·
the effect of the use on the marketability of
the work.
The Copyright Clearance Centre argues most people do not
intentionally violate copyright and do it as they go about their daily
activities. Copyright does matter because it is the law and it is unlawful to
infringe on the copyright holders rights, it’s ethical to demonstrate respect
for the copyright holder’s rights and is the right thing to do and the
royalties we pay enable more work to be created.
The Code of Best Practices in Fair Use for Online Videos by
the Centre For Media and Social Input at the School of Communication at the
American University in Washington DC is an interesting video that explains fair
usage in a video remix culture and creativity.
There are situations where fair usage for online video users
and outlines them in online usage. They provide situations where fair usage is
acceptable. They are
·
comment and critiquing on copyrighted material,
·
using copyrighted material for illustration and
example,
·
copying copyrighted material incidentally or
accidentally,
·
reproducing, reposting,
or quoting in order to memorialize, preserve, or rescue an experience, an
event, or a cultural phenomenon,
·
copying, restoring, and
recirculating a work or part of a work for purposes of launching a
discussion
·
quoting in order to
recombine elements to make a new work that depends for its meaning on (often
unlikely) relationships between the elements.
What was interesting about reading the
categories of fair usage was their limitations. The authors of the video state
“this code of practice is not a blank check for copyright. To be within copyright,
the work needs to be transformative, the amount that is copied is used in
proportion to the purpose and always give credit to your sources”.
References
Center For Media and Social Impact (2008). Code of Best Practices in Fair Use For
Online Video. at hhtp://ww.cmsimpact.org
Copyright Clearance Center (2010) Copyright Basics at http://youtu.be/Uiq4206rhW4
Copyright Clearance Centre (2012) Copyright is… http://youtu.be/8J7styDOUwy
YouTube Copyright Basics (Global) (2013) available on
YouTube