How To Avoid Copyright Infringement On YouTube
|Screen shot from Math Trick For Your Fingers - Easy Multiplication|
In 2007 I created a video and uploaded it to my Metacafe channel, (Metacafe is a video sharing site), but in June 2013 I found my video on YouTube. At first I was surprised, I had never uploaded it to YouTube and I had never given anyone else permission to use my content. My surprise turned to anger when I realised at least six people had copied my video and generated a total of
1.3 million views on YouTube.
The real point is the unauthorised copying of anyone's work is theft. There is a common misconception that content available on the Internet is free to copy and re-use, but most of the time this is not true. The internet is just like the regular world where copyright protects the creator of a work that is both creative and has been fixed in some tangible medium. That includes photographs, art works, video & sound recordings, literary works, etc. and only the copyright owner can benefit commercially from that work and only the copyright owner can determine how that work can be used. Even if someone does not intend to make money from a copyrighted work they cannot copy and use it without permission. However it maybe possible to use a work without infringing copyright under "fair use" or "fair dealing". Fair use is typically restricted to study, instruction, review or criticism, news reporting and incidental use, however certain restrictions will apply. For more details on fair use in the
[AMENDMENT: Happy Birthday has now been ruled to be in the Public Domain. In September 2015 US district judge George H King ruled the copyright claim filed by the Clayton F Summy Co. in 1935 only applied to a specific arrangement of the song, not the tune itself. Judge King also ruled that Summy never acquired the rights to the song’s lyrics. Therefore, the successors-in-interest to Summy Co. do not own a valid copyright in the Happy Birthday lyrics.]
Tosh Lubek can be contacted on 01292 570823 or through his website http://www.toshlubekproductions.co.uk