Re: [videoblogging] Re: YouTube

[robert a/k/a r]

Andy, IANAL and not offering advice. In reading Youtube's TOU I see, like other hosting services, certain DMCA language.

>From item 5, part D of Youtube's TOU agreement:

D. In particular, if you are a copyright owner or an agent thereof, and believe that any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work(s) that you claim has been infringed; (c) identification of the specific User Submission(s) alleged to be infringing, including information reasonably sufficient to permit YouTube to identify and locate the material on the YouTube Website; (d) information reasonably sufficient to permit YouTube to contact you, such as your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. YouTube's designated Copyright Agent to receive notifications of claimed infringement is: [EMAIL PROTECTED] For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to YouTube customer service through http://www.youtube.com/contact.php. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Did you send your statement to [EMAIL PROTECTED] and not get a reply?


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r

Deconstructing the status quo, collaboratively

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On Jan 24, 2006, at 1:54 PM, Andy Carvin wrote:

I don't think your misenterpreting this. Steve Garfield, Mary Hodder
and I were just chatting about this a couple of nights ago. I'm
actually quite frustrated with YouTube because several users have
posted videos of mine without my permission, as can be seen here:

http://www.youtube.com/watch?v=IscI3tbZSYk

My videos of mine are released on a
noncommercial-attribution-sharealike license, and by posting my videos
to YouTube, they've violated all three of these rules as far as I'm
concerned. To make matters worse, my videos often license music from
sites like productiontrax.com - licensed under the agreement that my
use would be noncommercial in nature online. YouTube's use of these
videos would violate that agreement between the music owner and me.

I wrote to YouTube last week and asked that my videos be removed. So
far they haven't replied to my email, and the video is still on their
site. I'll probably give them a few more days to reply before I start
blogging about it.

andy carvin
[EMAIL PROTECTED]


--- In videoblogging@yahoogroups.com, Michael Verdi <[EMAIL PROTECTED]> wrote:

I don't know the YouTube people and I don't have anything against them
personally, but I wish they would change some things about their

service. So

I'm writing this in the hope that it will generate some back and forth
conversation that they might consider. I'm also writing this to try to
understand where people who use YouTube are coming from because

Ryanne and I

are starting to talk about changes and updates to Freevlog and we

get lots

of "new vlog" emails pointing to YouTube user pages or Blogger blogs

full of

YouTube video.

So my basic issues with the service as it is right now are:
1. The Terms of Use. Specifically, "For clarity, you shall retain all of
your ownership rights in your User Submissions. However, by

submitting the

User Submissions to YouTube, you hereby grant YouTube a worldwide,
non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual,
sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, perform and otherwise exploit

the User

Submissions in connection with the YouTube Website and YouTube's

(and its

successor's) business, including without limitation for promoting and
redistributing part or all of the YouTube Website (and derivative works
thereof) in any media formats and through any media channels." The way I
read that is you are giving them the right to do whatever they want with
your work - even profit from it or licensce it to someone else - without
necessarily including you in the deal. Am I misinterpreting this?

2. The other issue I have with YouTube is that videos don't work in an
aggregator like FireAnt. I think this is a really important issue.

As we get

more and more vlog content online and as more people become comfortable
using RSS, aggregators will (they are this for me now) be the

primary way of

interacting with videoblogs for many people.

Personally I would also like to see that logo disappear from everyone's
video and for the videos to work on mobile devices but they're not
dealbreakers.

If YouTube allowed you to select a license - copyright, creative

commons,

whatever - and they respected it and if the videos would work in an
aggregator we could quit discouraging people from using it. In the end I
don't care where people host their media I just wonder why people are
choosing YouTube given these issues. So for you YouTube users out

there, why

do you use it? I know some people like Bill (Lo-Fi STL) were using

it as a

free Flash transcoder while still offering a quicktime download link

and an

RSS feed. I can get that. What about others? Is it that you didn't know
about the issues I bring up? Or maybe those issues aren't important

to you?

Or is there something else about the service that gives it value for

you?

Thoughts?

Thanks,
Verdi

--
Me: http://michaelverdi.com
R&D: http://evilvlog.com
Learn to videoblog: http://freevlog.org
Learn to videoblog in person: http://node101.org

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