I guess in the most strict legal sense, I am in the wrong on this... but it's the consistency that bothers me... there are other videos on my account that have the SAME video that haven't been taken down, so why this specific one? Of the now 5 that have been removed, 4 of them have the most views for any video on my channel... that's the part I don't understand, they're being selective... I'm either fully wrong, or I'm not at all, does that make sense?<div>aTotal360 said:I worked for a company's productions company for 6 years. And during that time, I also worked closely withtheirlicensing department as well. So I have a pretty good clue on what's happening.<div>
</div><div>You cannot reproduce the likeness of an SEC event without theirconsent. Now with that being said, they are going after you because your product has a professional look and COULD be passed off as "official". And the SEC does not want YOUR work representing what could be THEIR'S. </div><div>They are NOT going to go after some ultra-compressed, roodypoo video some flapjack made in Windows Movie Maker. Why? Because viewers know the video is crappy and disassociate it from an "official SEC production".</div><div>
</div><div>As for someone turning you in, that could be the case. But either way, you are in the wrong. I'm not trying to be an ***, because I absolutely love gettingwoollywith your videos. I'm just telling you how the cookie crumbles.</div><div>
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using film produced by that individual? Can you have a copyright in a live event? It's not the actual football game that's copyrighted is it? Isn't it therecordings of it?I think the ticket is basically a licensing agreement that includes a provision where you agree not to record the game, but I'm not sure howthat would give them a copyright that would allow them to force youtube to take down the video. If 5% of the video came from somebody else, that would be enough to givethe copyright owner of that 5% a right to get it taken down. But could they actually stop user created content (that does not capture copyrighted material such as a song) from posting?aTotal360 said:<div></div><div>You cannot reproduce the likeness of an SEC event without theirconsent.
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This is dead on. <div>Dawgzilla said:A football game is a live performance. The one presenting the live performance automatically owns a copyright in all images produced from that live performance. In this case, the SEC, MSU and the opposing school own the copyright. The person shooting the images also has copyright in their own specific images, but they need the permission of the SEC and MSU to reproduce those images.
The real question is why you appear to be singled out in this. If the SEC is truly being selective in its enforcement, then it could lose its copyright protection. I presume the SEC would claim they are going after every video they have knowledge of, but if that's true then they aren't looking very hard.
because I think the SEC would lose. Fair use allows for "transformative" use of copyright material. I don't think it's a stretch to say that a pre-season highlight video is not attempting to recreate a television broadcast of a football game. The video used small snippets of what? Maybe 3 minutes of total play from the year? The SEC has no right to the "likeness" of football. They have a right to their logos and to the broadcast but fair use has always allowed people to use material under copyright for other purposes. Now, would the court agree with me that a highlight video is different enough from a live television broadcast of a football game to meet the standards for fair use? Who knows. But I would love to see that play out.Dawgzilla said:A football game is a live performance. The one presenting the live performance automatically owns a copyright in all images produced from that live performance. In this case, the SEC, MSU and the opposing school own the copyright. The person shooting the images also has copyright in their own specific images, but they need the permission of the SEC and MSU to reproduce those images.
The real question is why you appear to be singled out in this. If the SEC is truly being selective in its enforcement, then it could lose its copyright protection. I presume the SEC would claim they are going after every video they have knowledge of, but if that's true then they aren't looking very hard.
legally use snippets from a movie in a transformative work. The courts have upheld the "Hitler Finds Out" theme where people change the subtitles to a scene in Der Untergang. I'm sure you have seen one of them: http://youtu.be/T0PwqvwyG54 I don't think the guy snuck a camera into the game, he was allowed to take that footage. On that note I would like to see court weigh in on a public University not allowing people to take pictures from inside a public owned stadium as well, but that's probably on even shakier legal ground.aTotal360 said:Look at it like taking a video camera into a movietheateror a concert.<div>
</div><div>I agree about only using 3 minutes of footage and it not being a big deal.Problem is they have to draw the line somewhere, whether it's 3 minutes or 3 frames.</div>