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Lost Video Island A Multifandom Vidding site
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Aislynn Council Member
Joined: 03 Feb 2005 Posts: 35782 Location: Sawyerville, USA
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Posted: Mon Oct 27, 2008 10:31 pm Post subject: YouTube and copyright infringment issues |
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Recently, YouTube has begun to definitely crack down on copyright violations by deleting vids, adding ads to vid pages and in some cases, completely deleting your YouTube account.
Here's some of the messages you might receive if you have a fanvid currently hosted on YouTube:
Quote: | [Name of company] has claimed some or all of the audio content in your video [name of vid]. This claim was made as part of the YouTube Content Identification programme.
Your video is still live because [Name of company] has authorised the use of this content on YouTube. As long as [Name of company] has a claim on your video, they will receive public statistics about your video, such as number of views. Viewers may also see advertising on your video's page.
Claim Details:
Copyright owner: [Name of company]
Content claimed: Some or all of the audio content
Policy: Allow this content to remain on YouTube.
Place advertisements on this video's watch page.
Applies to these locations:
Everywhere
[Name of company] claimed this content as a part of the YouTube Content Identification programme. YouTube allows partners to review YouTube videos for content to which they own the rights. Partners may use our automated video/audio matching system to identify their content, or they may manually review videos.
If you believe that this claim was made in error, or that you are otherwise authorised to use the content at issue, you can dispute this claim with [Name of company] and view other options in the Video ID Matches section of your YouTube account. Please note that YouTube does not mediate copyright disputes between YouTube owners. Learn more about video identification disputes. |
That just basically means that the copyright holder of the video content (whatever show or movie you used clips from) or the music has caught that you're using their product but that their policy (as of right now) is to allow your vid to stay on YouTube but with an ad on it (so that the company makes some bling every time your vid is watched ).
So, for now, your vid is safe and there's no action required on your part.
Quote: | Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by [Name of company] claiming that this material is infringing:
[Name of vid]
Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.
If you elect to send us a counter notice, please go to our Help Center to access the instructions.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Sincerely,
YouTube, Inc. |
This one is obviously worse. Whatever company caught you, their policy is to not allow vids using their material. Sadly, it IS possible to get both notices for the same vid, one telling you it's going to be allowed (and so you think you're safe), then the other telling you it was deleted.
Some people turn around and upload the same vid again after it's been deleted. That's your choice, of course, but however they found you the first time, you're likely to be found again. And if they remove that vid again, then you're in even more danger of receiving this next notice:
Quote: | This account has been suspended. |
It might also say alternately, "This account has been deleted" or "This account has been disabled."
Those, of course, are the worst of all to receive.
If your account is deleted for copyright infringement, you can create a new account. However, YouTube can find you again and delete your new account just the same. After enough deletions, they can IP ban you from joining YouTube again.
So what are we, as vidders, to do? Here are some suggestions:
1. Limit what you put in your tags, description and name of vid. This isn't a fail-safe because YouTube is now using more sophisticated means to recognize the video and audio content of vids themselves. But it gives you a bit more of a chance of staying under their radar if you don't have your vid tagged by the name of the singer/band, actors in the show, etc.
2. Consider creating a backup account to store all of your favorites in. If your account is unexpectedly deleted, then you'll lose everything you favorited. An account without any vids of your own in it but just with your favorites shouldn't have any cause to be deleted. (And yes, you can upload your vids to it if your first account is deleted. Just be aware that that will put a target on your new account and make it liable to be deleted as well. )
3. Most importantly, in my opinion, DON'T rely on YouTube as the only place your vids exist. You worked hard on those vids, put in a lot of time, effort and skill, be sure to save a copy of them somewhere if you possibly can: on a CD/DVD, flash drive, something, if you don't have room to store them on your hard drive. (And it's a good idea to have a backup copy anyway in case of a computer crash! )
There are other streaming hosting sites that don't expire as fast as places like zshare. imeem and Dailymotion are just two examples. However, LVI can only embed vids from YouTube at this time. We're looking into the possibility of being able to expand our embedding abilities in the future, though. (You're welcome to submit vids with imeem, Dailymotion or similar links, we're just unable to embed them on the main site.)
In the meanwhile, all we can all do is try to stay under YouTube's radar as best we can! |
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Captain Freya Expert Vidder
Joined: 31 Jul 2007 Posts: 5298 Location: Scranton, Pennsylvania ;)
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Posted: Tue Oct 28, 2008 12:23 am Post subject: |
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Thanks for this Aislynn. I haven't had any vids deleted yet but I've definitely noticed that more and more vids are being taken down and I was getting kinda worried. But this is definitely helpful. I've noticed that most of the vids being taken down seem to be more because of the music, rather than the video clips and that newer, more popular music from big companies seems to be more at risk. I dunno if maybe that's why I've escaped it so far - Cause I use less well-known music maybe? (Yay for indie!)
I also read somewhere hat Viacom are having a real crackdown on people using their clips, though I'm not sure how much that'll neccessarily affect us.
Either way, there's a bit on the wikipedia page about the whole lawsuit:
http://en.wikipedia.org/wiki/Viacom
Just thought I'd add my two cents... _________________
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pruedens Expert Vidder
Joined: 02 Mar 2008 Posts: 238
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Posted: Wed Nov 05, 2008 10:28 am Post subject: |
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A lot of Vidders deside to put intro's before their videos so they stop the copyright infringement we hope YouTube will stop delete our vids besides we don't make money from making fun vids it's our hobby !! |
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Aislynn Council Member
Joined: 03 Feb 2005 Posts: 35782 Location: Sawyerville, USA
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Posted: Mon Nov 10, 2008 9:28 pm Post subject: |
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New development on the YouTube front (not directly vidding-related but raises some interesting questions for us):
YouTube to offer MGM films
YouTube to show full CBS programs
Okay, so if they figure that showing full movies and TV shows free (with ads) is good business for them, then why not do the same for fanvids? Support it with ads and they make money every time one of our vids are watched! We make no money but are allowed to have our vids up, they make money and get free advertisement. How is that not win-win for both the music and movie/TV companies and the vidders who are fans of their products? |
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tjmack1986 Expert Vidder
Joined: 30 Mar 2008 Posts: 3436
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Posted: Mon Nov 10, 2008 9:41 pm Post subject: |
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I know Aislynn...it makes absolutely no sense what so ever. It's very frustrating though, that I can say. _________________
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Aislynn Council Member
Joined: 03 Feb 2005 Posts: 35782 Location: Sawyerville, USA
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Posted: Wed Dec 24, 2008 6:57 am Post subject: |
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If you've recently had a vid removed from YouTube, you may be caught in the recent Warner Music Group dispute. Essentially, what's happened is that in 2006, Warner struck a deal with YouTube to allow their music to be used on YT in exchange for revenue sharing. But now that renegotiations for a new deal have broken down, Warner has pulled its sanctioning, which means they'll no longer allow their music to be used on YouTube. So if you've just had a vid removed, chances are the music was licensed back to Warner Music Group and that's why. (Unless, of course, you were caught by another music or TV/movie company who doesn't allow their products to be used in vids. )
Maybe one day they'll get this all figured out and realize vidders (who make absolutely no profit) could be used as totally free publicity for their product. But until then... *massive sigh*
Just thought I'd pass that along. |
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Captain Freya Expert Vidder
Joined: 31 Jul 2007 Posts: 5298 Location: Scranton, Pennsylvania ;)
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Posted: Sun Dec 28, 2008 7:11 am Post subject: |
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A random thought just came to me - How come all the fan sites (where we all get our clips from) never seem to encounter any legal troubles??
How come people making harmless little videos on YT get into trouble, but the sites that freely distribute LOADS of clips (without any of us neccessarily needing to buy/rip our own DVDs) never do? Or am I grossly misunderstanding copyright laws? Or shall I just sit quietly in the corner and let the grown ups talk while I silently thank all those Clip Sites for theire lovely free clips? _________________
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littleton_pace Council Member
Joined: 16 Nov 2006 Posts: 55699 Location: the nest
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Posted: Sun Dec 28, 2008 7:49 am Post subject: |
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that's a good thought freya I thought about it when i was making my charlie/claire clip site but figured since it's not as well known as Evi.net and stuff it's all good. but i wonder if for those more popular sites there's some loophole in the law in that they're not saying DOWNLOAD THESE but the option is there and thus the choice is up to the person who decides whether or not to download? I have absolutely nothing to support this, btw ;P just a thought like on youtube, a purely vid watching site there's like no choice, the person has to watch and thus its taking away from the companies or whatever. but if its for download, there is an actual choice and they cant police who decides to do what? who knows? Let's all just sit quietly in corners and keep downloading, lol _________________
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Aislynn Council Member
Joined: 03 Feb 2005 Posts: 35782 Location: Sawyerville, USA
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Posted: Sun Dec 28, 2008 8:15 am Post subject: |
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I don't know what the official stance is on it now but I can remember hearing back when I was first getting into vidding and was looking for clip sites that anything under the 3 - 5 minute length was supposed to be covered by Fair Use, which basically is how you can see clips of a movie on a review show or on a bit on the news and they didn't have to jump through hoops to get proper permission to show it (have you ever noticed how short those clips always are? That's why, so they stay under the Fair Use time limit).
I suspect that the problem with vidding versus sites with clips comes from the music, not the video source. Because there's no equivalent "fair use" for music, then the music copyright holders are going to be quicker on the draw to try and take down anybody using their material, whether you profit from it or not, whether you've edited it down under a certain time limit, whatever. Not to say that the video source won't go after you as well, there are a lot of movie studios that will have a basket of kittens before they'd let a fan use their material in a non-profit way. But, in my experience, it tends to be the music copyright holders who throw the biggest fit.
That's my take on it, anyway. |
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KajaM Expert Vidder
Joined: 28 Jun 2005 Posts: 10438 Location: On the run! (With Sandor)
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Posted: Sun Dec 28, 2008 12:49 pm Post subject: |
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My "In the end" vid has been removed two days ago. Linkin Parks' record company is... yes, exactly: Warner Music!!
Great, it means that my "Faint" music vid will be removed sooner or later, too. _________________
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littleton_pace Council Member
Joined: 16 Nov 2006 Posts: 55699 Location: the nest
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Posted: Sun Dec 28, 2008 12:52 pm Post subject: |
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gah, that sux karolina!!! also means my Leave Out All The Rest vid will be removed sooner or later as well :S:S:S _________________
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Jemmz Council Member
Joined: 21 Oct 2006 Posts: 21154 Location: Ultra (DE)
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Posted: Sun Dec 28, 2008 1:36 pm Post subject: |
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Oh no!!! That really sucks guys |
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HobbitRockGod Expert Vidder
Joined: 25 Nov 2007 Posts: 16336 Location: Searching for Middle Earth
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Posted: Sun Dec 28, 2008 10:36 pm Post subject: |
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Have they found a way around intros? Because I just tried to upload a vid with a song by Linkin Park that HAD an intro in the beginning of it, but they took it down before it finished processing! It's going on zshare and imeem. Apparently they REALLY don't want Warner Music vids on there. _________________
art by me&tammy |
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PsychoCynic Expert Vidder
Joined: 18 Jul 2005 Posts: 1795 Location: United States
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Posted: Wed Dec 31, 2008 12:22 am Post subject: |
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Youtube blows.
Very helpful explanations, Ais. _________________
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Charmed_Charlee Expert Vidder
Joined: 03 Jun 2006 Posts: 18232 Location: Somewhere...
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Posted: Wed Dec 31, 2008 2:21 pm Post subject: |
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HobbitRockGod wrote: | Have they found a way around intros? Because I just tried to upload a vid with a song by Linkin Park that HAD an intro in the beginning of it, but they took it down before it finished processing! It's going on zshare and imeem. Apparently they REALLY don't want Warner Music vids on there. |
Was it a 30 sec intro? |
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