I wrote a blog entry about this recently: < http://www.joshkinberg.com/blog/archives/2006/02/nbc_sends_youtu.php >
Viral marketing is one thing... pirating another creator's content and redistributing it as your own is plaigarism at best and infringement at worst. YouTube is at fault here for not respecting the rights of creators, whether that creator is NBC or my cousin filming his cat. YouTube is in the wrong. The truth is that NBC owns the rights to Saturday Night Live's content, and no matter how funny, entertaining, or exciting the Lazy Sunday video may be, it is NBC's property and their choice to decide who may or may not redistribute such videos. Certain fair use rights may apply, but there is hardly a case for fair use here. NBC has rights, and I would defend those rights for them the same as I will for any videoblogger. YouTube claims thy serve over 15 million streaming videos daily. There is no difference between YouTube distributing the clip to millions of viewers or another TV network like CBS redistributing it. Its not as though YouTube is pointing to the video resource elsewhere (where they cannot claim liability), they are hosting and serving a copy of it which by their terms of service YouTube technically "owns" (and thus they own the liability). Of course, according to YouTube's terms of service that clip should have also been immediately removed as it is quite obviously a case of plaigarism (it has an NBC watermark on it). YouTube failed to do its job here. The only thing YouTube has going for it here is the fact that they are not alone. The clip can be found on several websites and video portals... including Google Video. -Josh On 2/20/06, David Howell <[EMAIL PROTECTED]> wrote: > Your subject line is misleading. > > This has nothing to do with vlogging. This is a case of copyright > violation. > > David > http://www.taoofdavid.com > > --- In videoblogging@yahoogroups.com, Randolfe Wicker <[EMAIL PROTECTED]> > wrote: > > > > I read an interesting article today about how NBC made You Tube stop > carrying a downloadable segment of a show that NBC also had as a free > download on it's own site. > > > > I can imagine what fun "remixing" some of this commercial stuff > might be. > > > > Here is just the beginning of the article: > > > > > > > > > > NBC Needs To Fall Into Some Internet Marketing Cracks > > A media critique by Wayne Friedman, Monday, February 20, > 2006 > > NBC DOESN'T WANT THE HELP of strangers--especially > strangers who want to help promote its shows. > > > > Such is the case with YouTube.com, which offered up a > free download of a short "Saturday Night Live" sketch. NBC itself also > offers the sketch free on its Web site. But NBC told YouTube to give > the skit the heave-ho. > > > > Why? Perhaps this could lead to abuse. Perhaps someone > would get too crazy and start promoting other shows, real crappy ones. > Then what? I don't know. Perhaps they could climb out of last place. > > > > NBC's official response to YouTube is this: "We're > taking a long and careful look at how to protect our content," said a > spokeswoman, who added that the company means no ill will toward fan > sites. > > > > This is backward thinking. Buzz marketing, viral > marketing, word-of-mouth marketing is what network marketing > executives should be dreaming about, efforts which can coolly relaunch > shows, or tout quality--but underappreciated--shows. Viral marketing > may be imperfect--but it could be the answer in an age of > fractionalization" > > > > > > > > Randolfe (Randy) Wicker > > > > Videographer, Writer, Activist > > Advisor: The Immortality Institute > > http://www.blip.tv/posts/?user=Randolfe%20Wicker > > Hoboken, NJ > > http://www.randywickerreporting.blogspot.com/ > > 201-656-3280 > > > > > > > > > > Yahoo! Groups Links > > > > > > > > Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/videoblogging/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
