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Topic # 89942 12-Sep-2011 11:14
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I had a video on YouTube they considered to be infringing on someone's copyright. I disputed that tag on the basis of fair use. 

In the meantime, a couple of my videos spiked into the thousands in a day range and my total views for all videos is over 1 million. So YouTube have invited me to be a partner and monetise my videos for payment. 

I read through their terms and conditions. Now I understand how they see copyright and trademarks. They consider you to be "infringing" if your video includes ANY music or logos you do not have permission to use. 

That means, if you're walking down the street making a video ANY music your microphone may capture would be deemed to be infringing if you upload it. 

That means any logos or trademarks your camera captures must be blanked out or you need to get permission to include them. Try that on any street with commercial premises. Logos everywhere!

I've taken the view that it isn't my job to promote the property of others so I absolutely will not be including any commercial music or logos in my videos. Let the "rights holders" promote their own businesses. Not my job...even incidentally. 

I'll have to think about my camera angles....but, yeah.....their music won't be heard and their identities won't be seen. 

NOT a problem. 

I've deleted the "infringing" break dance video off YouTube. It's on at least one other site anyway...so I don't care. People can see it there and not on YouTube.




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  Reply # 519867 12-Sep-2011 11:39
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Tons of youtube partners do: movie, audio, game reviews on youtube which use copyright content (in a fair use way).

The TOS is pretty much a*** covering by their lawyers.

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  Reply # 519904 12-Sep-2011 12:44
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The whole 'permission' thing is way too heavy handed - I mean you are actually providing free advertising by including these logos.

You should be paid a commission for the advertising! :-)

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  Reply # 520095 12-Sep-2011 17:45
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I read through their terms and conditions. Now I understand how they see copyright and trademarks. They consider you to be "infringing" if your video includes ANY music or logos you do not have permission to use. 


Thats about right from how I understand things. Typically one would use a copyright agency to get the appropriate permissions.
  
I am not sure of the rules about logos on the street with regards to copyright, but I know there are rules around it with regards to trademark law.

  




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