Friday, August 17, 2007

Who Owns Your YouTube Videos?

When you upload a video to YouTube, who owns that video? This post discusses the issues of copyright and usage rights for the videos you upload.

7 comments:

Katie said...

Great video! Thank you for these helpful tips

Bo Ayars said...

My question is Mr. Miller's comment that, "YouTube and it's viewers have the right to use your video." From this, I assume that, if I wanted to take someone's video from YouTube and use it in a commercial project, as long as I identified the owner as such, this is permissible. If this isn't true, I'd appreciate some update. Thanks in advance for any info...

Bo

Michael Miller said...

Bo, I'm not a lawyer nor do I work for YouTube, so I can't speak definitively. In general, you're allowed to embed public YT videos on any site as long as it's not a pure link farm -- that is, if the site has other content besides YT videos. As to other commercial uses outside the web, YT is more vague. You might want to contact YT with specifics and see what they say.

inlayusa said...

I believe that you opinion in the 2007 video "Who Owns Your YouTube videos" was probably correct; however, it is no longer true. There was a court ruling in the case YOUTUBE v. ROKU and the court determine that YouTube (Google) own the rights to refuse to share the video content if it was not played on a YouTube (Google) approved player. Roku player was rejected, as all have been so far,because the player provided a lower resolution (SD) version of the video, so they were viewable on older TVs. This meant that the Roku's viewer fell outside YouTube's player minimum standard specification (in the SD version only) so Google could deny Roku the rights to retransmission YouTube content through a Roku player. It sound more like Google's roku is in the works!!! Why else would Google really care that Roku had a YouTube compatible player? Is YouTube video such art that it needed to be protected from lower resolution players? Or is it crap, homemade videos produced by total amateurs and protecting them is akin to making room in the Louvre for your kindergartener’s artwork? YouTube has never gone after anyone for re-broadcasting YouTube's video content. In fact, they told their users for years that they still had ownership of their videos but they now have found a loophole to gain complete control of this content (your videos!). YouTube has realized that the gold here wasn't a website name YouTube.com but was the millions of hours of videos posted by their users. YouTube is now scrambling to protect this goldmine of videos and to ensure that no one else can profit off of this video content, including the original owners of the work; no one may profit, except for YouTube/Google. I, for one have stop posting on YouTube for fear of one day getting a bill from YouTube for me having used my business videos for profit and them wanting their cut.

inlayusa said...

Bo Ayars said:

"...you're allowed to embed public YT video"YouTube and it's viewers have the right to use your video." From this, I assume that, if I wanted to take someone's video from YouTube and use it in a commercial project, as long as I identified the owner as such..."

The answer to this is YES, you can use YouTube content BUT you can ONLY play the video content on a YouTube "approved" player and only youtube players are approved for playback. So you can create web media using YouTube video content as long as a YouTube's player is used as the actual content player. What that means is, you can NOT use the content if it is placed on any other media (film, video tape, DVD, etc, etc!). So no, you can't use YouTube content without Google's written permission. You Tube videos are not in the public domain and it is Google permission you have to get to use them anywhere other then on a YouTube player.

Maxim said...

"You Tube videos are not in the public domain and it is Google permission you have to get to use them anywhere other then on a YouTube player."
Couldn't one write to the person who uploaded the video and get their permission to use it?

Michael Miller said...

I must stress again that I am not a lawyer and I don't work for Google/YouTube, so my observations are just that -- nothing official or legal. If you want to use YT videos for commercial purposes, you probably should contact the video's owner for permission.