Why do people post disclaimers on YouTube?

Discussion in 'Digital Video' started by senseless, Jul 24, 2014.

  1. senseless macrumors 68000

    senseless

    Joined:
    Apr 23, 2008
    Location:
    Pennsylvania, USA
    #1
    On YouTube, I see people post an obviously copyrighted clip and add "I do not own the rights to this video". Is this one of those internet folklore things that is supposed to make everything alright?
     
  2. 12dylan34 macrumors 6502a

    Joined:
    Sep 3, 2009
    #2
    It's sort of a grey area for a lot of things, where they might be able to claim fair use, or maybe not. Things like parody, education, and comment fall under fair use, but it can be tough to define what constitutes those things.

    To my knowledge, just saying that you don't own it does't absolve you from infringement, and it mostly depends on your intentions (e.g. are you just posting a music video to get ad revenue, or are you posting it to criticize or comment on it?).

    http://www.copyright.gov/fls/fl102.html
     
  3. LethalWolfe macrumors G3

    LethalWolfe

    Joined:
    Jan 11, 2002
    Location:
    Los Angeles
    #3
    Yes, it's a pointless exercise. If you are distributing copyrighted material w/o permission you are distributing copyrighted material w/o permission. Acknowledging that you don't own the content but you are violating copyright anyway doesn't mean anything.
     
  4. linuxcooldude macrumors 68020

    Joined:
    Mar 1, 2010
    #4
    I run an internet show and am fairly knowledgeable in copyrights and such. While I do agree if putting a disclaimer in the video is not really going to help your case in any event.

    I do deal in news reports and should be covered by fair use law. Before Youtube did not acknowledge that fact, probably because they wanted to be extra careful. At one point they did add a Fair Use box In submitting/refuting a claim. Not sure if they still do.

    Some of the sound tracks that are royalty free and covered by the terms of use in such applications such as iMovie / Final Cut Pro was constantly flagged by their algorithms. By sending them you could have it removed.
     
  5. ChrisA macrumors G4

    Joined:
    Jan 5, 2006
    Location:
    Redondo Beach, California
    #5

    Like a robber saying "I don't own the money in your cash register." He does not have to say that, it is the default condition.

    There is a Youtube culture that is seriously misinformed. One I heard a while back is that, of course if you try and use a well known pop song in your video you get in trouble but they think it is OK to use a cover by another band of the same song because "it's not the real song." You can't argue with them either.

    There is never any requirement to tell people what you don't own.

    The other assuming thing is the disclaimers you see automatically attached to some emails. Do they really think that appending text to an email is a binding contract? What if they were right?
     

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