[cc-community] YouTube and Creative Commons

Maarten Zeinstra mz at kl.nl
Mon Aug 12 08:22:00 EDT 2013


Hi Flavio,

I had answered a similar question a few weeks ago.

Article 4.1 of the CC BY 3.0 license says:

	• You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(b), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(b), as requested.

The sentence: "When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License." is interesting here. Which says that you should be allowed to distribute and reuse the work (my interpretation).

It seems that the terms of use from Youtube counter the license terms. My advice would be to be pragmatical and use services keepvid.com or clipconverter.cc to download those clips. The authors clearly intended to license their work under a Creative Commons license and want you to further distribute them. I think it is not likely that they will give any trouble for that.

But always remember to properly attribute the movies you download and reuse. See here on how to do that: http://wiki.creativecommons.org/Frequently_Asked_Questions#How_do_I_properly_attribute_a_work_offered_under_a_Creative_Commons_license.3F

I have to say I am not a lawyer so this is not legal advice. Also there could be other people on this list who have a different opinion on this.

Kind regards,

Maarten

-- 
Kennisland | www.kennisland.nl | t +31205756720 | m +31643053919 | @mzeinstra




On Aug 12, 2013, at 14:11 , Flavio Tordini <flavio.tordini at gmail.com> wrote:

> Hi all,
> 
> YouTube offers some videos under the CC-BY license, still it provides
> no download link for most of them. Moreover YouTube terms of service
> seems to prohibit downloading with tools like youtube-dl of videos
> that do not display a download link.
> 
> Form the YouTube Terms of Service: "You shall not download any Content
> unless you see a "download" or similar link displayed by YouTube on
> the Service for that Content."
> 
> I had a quick look at CC-BY and it looks it has no provisions to
> ensure one has actual access to the "work". By contrast the GPL has
> it, e.g. you cannot publish an executable under the GPL and put the
> sources on a website that prohibits downloading in its terms of
> service.
> 
> I'd like to ask whether this is by design or is this a loophole in the
> CC-BY? YouTube is probably respecting the letter of the license, but
> is this in the "spirit" of CC-BY? Is this something that might be
> addressed in a future license version?
> 
> Thanks in advance,
> Flavio Tordini
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