[cc-community] YouTube and Creative Commons

David aristegui at nodo50.org
Mon Aug 12 13:23:06 EDT 2013


Dear all,

If the uploader of the video is also the licensor and the work is
	unpublished, is this a public communication?

Best regards,
David.

> Eric is quite right. Assuming that the video's uploader is the licensor,
> which is the most likely situation, the clause which Maarten noted is not
> relevant; that clause restricts your behaviour, not the behaviour of the
> licensor. You could argue, somewhat indirectly, that by uploading to
> Youtube without a download link the licensor is preventing you from
> exercising your rights under the licence, but that's not nearly as
> clear-cut a conflict as I think was originally in mind.
>
> The point here is that there are two separate agreements in play. Firstly,
> there is the agreement between yourself and the licensor; that is, the CC
> licence. If you used one of the various non-sanctioned methods to download
> the video, you would not be in breach of the CC licence, and the licensor
> wouldn't have any copyright claim against you.
>
> Secondly, you have an agreement with YouTube, i.e. the Youtube TOS.
> Downloading the video 'illicitly' would be a violation of your agreement
> with Youtube, and although I haven't read the Youtube TOS, I would assume
> that the 'punishment' for breaching that agreement would be (in theory)
> Youtube having grounds to ban you from their website.
>
> I am a lawyer, just about. But don't take my word for it, law isn't a
> one-right-answer kind of game. ;)
>
> Emma Carpenter
>
>> From: eric at hellman.net
>> Date: Mon, 12 Aug 2013 10:40:10 -0400
>> To: cc-community at lists.ibiblio.org
>> Subject: Re: [cc-community] YouTube and Creative Commons
>>
>> 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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