[cc-community] YouTube and Creative Commons

David aristegui at nodo50.org
Mon Aug 12 14:19:07 EDT 2013


> What do you mean by* public communication* David? And how can a work
> remain
> unpublished after the licensor has uploaded it to youtube?

I'm agree, thank you, but in Spain we like to have weird discussions about
the use of Youtube videos in news. Here's the text (in Spanish, sorry):

http://www.eldiario.es/turing/pirateria-Youtube-TV-television_0_144536446.html

Kind regards,
David.

> Also, I don't think the Terms of Service of a website qualify as a
> technical restricting measure. Of course the ToS may be against the spirit
> of a free CC license, but that section in CC BY is meant to prevent DRM
> and
> I don't see how not providing a download link is DRM. A one-way contract
> between a website and its users which hinders distribution of CC BY
> material is not a technical measure either, that's simple douchery.
>
> Also keep into account CC BY isn't a Share-alike (copyleft) license. A CC
> BY work can always be further restricted while remaining in compliance
> with
> its license, as long as attribution occurs. Time before I wondered why
> Youtube hadn't included CC BY-SA as a licensing option, now I realise it
> would contradict their horribly drafted ToS, just as most app stores and
> copylefted software are mutually exclusive.
>
> Correct me if I am wrong.
>
> Regards
>
>
> On Mon, Aug 12, 2013 at 12:23 PM, David <aristegui at nodo50.org> wrote:
>
>> 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         unpublished, is this a public communication?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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