[QuadList] Copyright Issues--YouTube

[Ted Langdell]

Hi, Don,

There are some conditions that a copyrightable item has to meet in  
order to not be in the public domain.

And there is a difference between being "Published" as in printed like  
a book or fixed in some tangible form... Broadcast or shown, like a  
movie on a screen.

Here's a guide that may be of some help:
http://librarycopyright.net/digitalslider/

but as with any potential legal issue, seek deeper knowledge, from a  
respected copyright or intellectual property attorney.

To quote the US Copyright Office's enclosure found here:
http://www.copyright.gov/fls/fl102.pdf with a bolded portion that may  
be applicable to your circumstance.

The 1961 Report of the Register of Copyrights on the General Revision  
of the U.S. Copyright
Law cites examples of activities that courts have regarded as fair  
use: “quotation of excerpts in
a review or criticism for purposes of illustration or comment;  
quotation of short passages in a
scholarly or technical work, for illustration or clarification of the  
author’s observations; use in
a parody of some of the content of the work parodied; summary of an  
address or article, with
brief quotations, in a news report; reproduction by a library of a  
portion of a work to replace
part of a damaged copy; reproduction by a teacher or student of a  
small part of a work to
illustrate a lesson; reproduction of a work in legislative or judicial  
proceedings or reports; incidental
and fortuitous reproduction, in a newsreel or broadcast, of a work  
located in the scene
of an event being reported.”

If you make an observation: "This is one of the cleanest Quad  
recordings I've seen." and post a short clip to illustrate or clarify  
your observation, you may well be within the terms of Fair Use.


These subjects pop up fairly regularly on the Association of Moving  
Archives List, and there are list members who intensely follow the  
issues, including "Orphan Works" so you might want to Google:

"Copyright, YouTube, AMIA" and see what's there.

Also google "US Copyright: Fair Use," and "Copyright: "Public domain"  
to find more information.

Disclaimer: This is not to be construed as legal advice as I'm not a  
lawyer... just a layman reading and passing along information.

Ted


On Jun 6, 2009, at 3:02 PM, Don Norwood wrote:

> YouTube has some fairly harsh warnings about posting video for which  
> you do not own the rights and yet it appears to me that probably  
> well over 90% of what is on the site is in violation of the rules.   
> My video clips would be among the 90%, and I have reservations about  
> posting these and others that I think everyone would enjoy.  I  
> certainly don't derive any income from the clips and I don't believe  
> the owner is losing any revenue, so perhaps the only financial  
> impact is to YouTube who gets more "free" material.  (By the way,  
> how does their site make (or propose to make) any money?)  I doubt  
> that the owners of what I have already posted are going to be  
> concerned about it, but that doesn't make it right.
>
> So, what's the prevailing wisdom about this?
>
> Don


Ted Langdell
Secretary
Skype: 	TedLangdell
e-mail:	ted at quadvideotapegroup.com

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