[cc-community] YouTube and Creative Commons

Matthew Lagoe cyberempires at gmail.com
Mon Aug 12 18:41:39 EDT 2013


One thing to keep in mind is if youtube trying to prevent people to dl
video's from them is considered a "technological measure" just because there
is a 3rd party application that allows you to circumvent it doesn't make it
so that you legally can.

Honestly from reading the tos for youtube, the CC license etc I am inclined
to say that posting some other users video on youtube that you only have
rights to via CC does in fact classify as a violation of the CC license.

I hate to say it but what we -want- and what is legal doesn't always line
up.

-----Original Message-----
From: cc-community-bounces at lists.ibiblio.org
[mailto:cc-community-bounces at lists.ibiblio.org] On Behalf Of Dorothy K.
Gordon
Sent: Monday, August 12, 2013 1:57 PM
To: cc-community at lists.ibiblio.org
Subject: Re: [cc-community] YouTube and Creative Commons

Thanks David very interesting.

Dorothy K. Gordon
Director-General
Ghana-India Kofi Annan Centre of Excellence in ICT
Mobile: 233 265005712
Direct Line: 233 302 683579
Website: www.aiti-kace.com.gh
Encrypt Everything - https://gpgtools.org https://silentcircle.com

----- Original Message -----
From: "David" <aristegui at nodo50.org>
To: cc-community at lists.ibiblio.org
Sent: Monday, 12 August, 2013 6:19:07 PM GMT +00:00 Casablanca / Monrovia
Subject: Re: [cc-community] YouTube and Creative Commons

> 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 remain unpublished after the licensor has uploaded it to youtube?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.ht
ml

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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