Underground Planet

Underground Planet Plus

A'ight, I saw a discussion breakout in the comments of a video here on Vimeo (vimeo.com/788591) and it's got me wondering about the oh so overwhelming question of copyright.

So first off, as I understand it, copyright always falls to the creator of a work unless the rights are transfered in witting, hence the need for "Work for Hire" agreements. With that said it seems that you don't really need to post restrictions as technically they're already there. So is posting or citing a Creative Commons License more to clarify what your desires for your work are or to grant other rights to another party? And can these rights even be granted by simply saying so in the description of a work?

I've often wondered when clips from the web make it on VH1 or other television shows how this is handled. It almost seems like there's a "if it's posted on the web we can use it" type attitude when I would think that the creator of the vid or image would innately hold a copyright to them. I just don't see how "The Best of The Web" type shows or segments use these clips.

I think there's more I could ask about all of this but pretty sure that my post is already convoluted enough. Would love some feedback.

- Ray

Eugenia Loli

Eugenia Loli Plus

CC licenses are not about the copyright. In the USA, copyright is automatically attached to the creator, unless otherwise noted. The CC license has several "clauses" that tells others how you want them to deal with your work. This page is a good explanation of the various clauses: creativecommons.org/about/licenses/meet-the-licenses

You use whichever license you feel is right for you. However, there are some weirdness. For example, if a license uses NC (non-commercial), then the person who wants to re-use your CC-licensed footage or music, they can't post it on YouTube/Vimeo, because these sites are commercial -- even if they themselves make no money out of it. Same goes for CC-NC music, you can't use that with your video if you plan to later upload that video on youtube/vimeo. The ND clause says that you can't use a footage or music together with another music or video (so this means that you can NOT use CC-ND music with your videos, because these are considered derivative in the US law).

>clips from the web make it on VH1 or other television shows how this is handled.

This usually falls under the Fair Use law. VH1 can only uses these clips on a journalistic-type programme, e.g. their music news segment. And they can only show a small bit of it, that does not degrade the value of the original (for example, they can't show the full 2 minute youtube video, because then no one would care to visit that page to view the video on youtube itself, they can only show a bit of it). Journalism, parody, education etc, are some of Fair Use's clauses. However, Fair Use is something that is used as a defence AFTER you are being sued. Before that, you just pray that you use the footage right and don't decrease the value of the original, so you don't get sued.

Personally, I license my videos under the most liberal for the CC clauses, the CC-BY 3.0. Also, I always note the copyright in the credits too, because in some cases this enforces the copyright even more. Check my videos' credits to see how I do it, especially on my last video of the "San Mateo creek bridge".

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