Copyright and the Digg Reel

[david76]

Hello,

Could someone please explain to me how the copyright works when the Digg Reel uses clips for videos? Is it enough to only mention "Source: YouTube" to be able to air the show?

THanks
Dave

[samureye]

I'm thinking name of the show, writing, graphics, order videos are shown.

[david76]

I am not thinking about the logo, name and so on. I am thinking about the copyright of the featured clips? How does that work?

/D

[tokenuser]

See for yourself (http://youtube.com/t/terms).

[shinigami052]

look up fair use act.

[artfuldodga]

Digg Reel would fall under fair use, as the video's are being critiqued and or reviewed, all that stuff. :P

[david76]

Fair USE -
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3. The Amount and Substantiality of the Portion Taken

The less you take, the more likely that your copying will be excused as a fair use. However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the "heart" of the work. In other words, you are more likely to run into problems if you take the most memorable aspect of a work. For example, it would not probably not be a fair use to copy the opening guitar riff and the words "I can't get no satisfaction" from the song, "Satisfaction."

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How can you get by with "fair use" when you show the entire clip, or maybe 95% of it?

[shinigami052]

That's because the content is not being copied but displayed so that everyone knows what is being discussed, reviewed and critiqued. Also the digg reel never claims for the work to be their own. These videos are also freely available for free (without subscription or anything) so I'm not sure if that changes anything at all. If they merely provided a link to the video and everyone clicked on it (which they do) it'd be the same as them just playing the video.

Also the link could be considered a type of citation or footnote if you will. Don't know if that helps their case at all but it does add to the fact that they are not trying to pawn the videos off as their own work. I've found that intent gets you far in some legal cases.

[david76]

That is interesting because digging into the written stuff about fair use it seems like what they are doing is totally illegal

look at the 4 links provided towards the end of this page

http://www.youtube.com/t/howto_copyright

[tokenuser]

That is interesting because digging into the written stuff about fair use it seems like what they are doing is totally illegal

look at the 4 links provided towards the end of this page

http://www.youtube.com/t/howto_copyrightThat is the "wrong end" of copyright. Those are about how to make sure that the video you produce and upload to youtube is not violating someone elses copyright (eg music companies and some musicians get a little upset about using their songs or videos, and TV stations - Viacom properties especially - cracked down on youtube posters). I am yet to seen anything on the Digg Reel that looks like commercial content ... and even if it did, for the purposes of this show it is covered under copyright's fair use provisions for the purpose of comment and critique.

Where are these questions coming from?

[david76]

But since the digg reel talk about their sponsors (DOMAIN.COM) in the reel I can see that revision3 are making a lot of money from other users content no? How much money does the content provider who has been featured receive?

[shinigami052]

You can write a book citing other people's work and not have to pay them anything or it being considered illegal. If you're really that concerned about it I highly suggest you read in full the fair use act.

[tokenuser]

But since the digg reel talk about their sponsors (DOMAIN.COM) in the reel I can see that revision3 are making a lot of money from other users content no? How much money does the content provider who has been featured receive?... and TV shows like Entertainment Tonight feature clips from competing networks. What about advertisers on YouTube? Do the clip submitters get a cut of the action there? Hmmm, what about when someone then posts that clip on Digg (which also has ads)?

Your point is? As has been said, you need to read up on fair use - especially as it pertains to critique and commentary. I am still curious why you would create a new account to ask these questions when 5 minutes of googling, and an undersanding of what copyright actually is and isn't would have answered the questions. I am trying not to be rude about this, but sometimes when answering a question, you need to know where the asker is coming from (ie what is the context for the question).

[david76]

Thanks, just curios how it works. But I wonder how much the ratio of the commenting must be. Must the program have a host to be able to avoid law suits?

[shinigami052]

It doesn't even need to be a show. I guess in a sense it must have a host to do the commenting. I wonder how a show would work if all you had were you tube clips that, when played in a certain order they critiqued eachother. IDK if that would be considered "review or critique" but it'd be an interesting show.

You might be able to pull youtube videos off youtube and put them on your site and comment on the video in a "critique or review" type of way or if you are intending to use it as evidence in a "research" type of aspect. All those uses fall under the fair use act. The fair use act (IMO) is fairly broad and I don't exactly understand it 100% (because I'm not a lawyer). I am sure, however, that revision3 has a good group of lawyers who advice them such that they are not put in any legal gray area.

[tjpeople]

This has bothered me for a long time with the show. I love the how but,

The digg reel isnt critique it's entertainment. Plain and simple. Its a show for profit that uses other peoples videos.

Youtube (and 99% of all video hosting sites) TOS say you own 100% of rights to videos you upload (as long as you are the creator of it of course)

Listing the source is a short cut. You should credit the video creator. Youtube are hosting it, but they dont own it. Revision3 download the video from youtube and once its downloaded it could just as easily be from the creators personal site.

The video creator doesn't owe youtube anything.

Anything I create I license on creative commons non-commercial. If a video of mine got dugg it could not be featured on the Digg Reel without my express permission. If it did Revision3 would be breaking the law.

@Shinigami052 - Just because something is free on the internet doesn't mean its public domain. Also LINKING is not at all the same as downloading and creating your new content and making money from it. If the digg reel just linked and didnt show the video, then you could see who the creator is.

I'm not claiming that Digg Reel are passing off the work as their own, but that doesn't mean that they aint breaking the rights of the creator.

[nextgenxbox]

Good ol' Fair Use.

[tjpeople]

Good ol' Fair Use.

Fair use still has the credit the creator no?

Also fair use is a US law, not an international law. Alot of content is owned by non-US parties.