[cc-community] YouTube and Creative Commons

Eric Hellman eric at hellman.net
Mon Aug 12 10:40:10 EDT 2013


It's an important discussion. But remember who is being the licensee and who is the licensor. 

1. If the uploader of the video is also the licensor, there is no implication on the license, because the license is not exclusive and the rights holder can do what they want.
2. if the uploader is a CC licensee, then it seems to me they are not in compliance with their license to distribute unless they also post a download link. In theory, the video could be taken down by the original licensor for noncompliance.

YouTube is neither a CC licensee nor a CC licensor, typically they extract a limited license through their TOS. They are protected by DMCA from many copyright claims. They can regulate the use of their website as they see fit.

I am not a lawyer, just a copyright nerd.

Eric



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