Putting your video on YouTube? Pls. read this

[Buck-Beaver]

YouTube has recently changed it's terms of service so that they effectively own and can sell most of the rights associated with videos uploaded to their sites. This could be a huge problem for indie artists like the creators of puppet web series, of which I know there are a few here.

If you'd like to know more, I've posted more info and links here.

 

[gfarkwort]

Thanks!.....phew.....I like the rever thing....that looks good

 

[mrhogg]

That's an interesting (and disturbing) thing to put in their terms of service, considering how much of the content on the site isn't put up by people who own the right to it. I wonder if they'd assert ownership of *anything* uploaded to the site, or only if they can prove that the submitter owned it?

 

[Buck-Beaver]

Well, I think (hope) they would have to filter out all of the copyrighted content since legally someone can't consent to give them something they don't own.

 

[practicecactus]

I don't get it , so we retain Copyright of our creations, characters, etc, but they can take what we do and make their own versions? Am I reading it right?
I really don't see them doing it, but it sucks in principle.

 

[Buck-Beaver]

Pretty much. I think it's a really stupid move on YouTube's part, it's going to drive independent creators away from the site. Incidentally, I think MySpace has a similar policy in their Terms of Service, but I am not sure since I haven't read those myself.

 

[practicecactus]

Yeah Myspace had the "we own everything you post forever..and your soul" kinda thing, but I guess have since modified it when it did the rounds on the net and everyone chucked up a stink.

"By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services... This license will terminate at the time you remove your Content from the MySpace Services. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services."

 

[BorkBork]

This is probably because brookers got her own television-deal by putting her stuff on there, and youtube probably wants a piece of the pie next time it happens.

 

[puppetsmith]

For clarity, you 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, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform 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. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the YouTube Website.

I'm not reading this to say they own the rights to whatever is posted on YouTube. I think YouTube is requiring permission to host the submissions for others to view as well as to use submissions "in connection with the YouTube Website and YouTube's (and its successor's) business" which I believe means that they would be able to use submissions to advertise or promote YouTube.

I'm not an attorney, but I don't think they are trying to steal copyrighted material from their users. They do state - "For clarity, you retain all of your ownership rights in your User Submissions." The submission belongs to the user and so legally the user/owner of the copyright would have to enter a license agreement with YouTube and with anyone viewing or reposting the submission online or elsewhere.

The above quote is found in Section 5 of YouTube's terms. You can read it here - http://www.youtube.com/t/terms

 

[Buck-Beaver]

Certainly, YouTube isn't trying to steal anyone's work outright, but they are getting permission to exploit it however they choose or at least they could. "Derivative works" can be anything - merchandise, spin-offs, DVDs, etc. I agree that probably they are just covering their butts at this point, but then again this language is new in the terms of service and (I believe) purposely vague.

YouTube had it's lawyers draft a perfectly acceptable TOS before, so it begs the question why do they need to change it now all of a sudden?

Even if YouTube's intent is relatively harmless there is no guarantee that whoever buys them (if they get bought - they are a prime acquisition target) would be so benign. This is a company after all that is burning through millions of dollars and hasn't yet come up with a real way to make money yet.

And it's not like YouTube is totally out of line doing this either. I don't agree with it personally, but they are hosting millions of videos. Why shouldn't they get something back, like the right to profit from content that they made famous? Other sites have similar practices and do profit (non-exclusively) from user submissions already.

I guess what I am saying is that the fine print with YouTube is pretty vague and they have not made their intentions clear to their users. There are good alternatives like Revver and Archive.org that are much more up front about what everybody's rights are.