YouTube License System
The YouTube License System is a system of rules protecting the intellectual property of both content creators and YouTube. As it is a part of IT law, these rules need to be followed when using YouTube. These rules are complemented by further terms and may vary between regions. YouTube defines the use of its services as acceptance of its terms of service[1]
Importance[edit]
The importance of these rules is given by the number of events, uploads, views, downloads, they concern.
In 2015 there were 400 hours playing time uploaded every minute.[2]
YouTube's video portal is accessed 1 one billion times a month by active users worldwide. Video clips and videos on YouTube can be monetized with ads, which has resulted in click fraud.[3]. YouTube's Revenues were expected to 3,96 billion US $ in 2018.[4]
There are 5 billion videos watched on YouTube every day. [5]
Goals[edit]
The system of YouTube licenses is to secure the copyrights of their owners, especially those of videos and defines rules for the use of these videos. On behalf of this, the owner of the copyrights has to be declared in the content manager-account.[6] The system protects also the economical interests of YouTube. YouTube itself uses the adjoint cookies for evaluation, e.g. for advertising and its optimization [7]
User types[edit]
YouTube addresses to different types of users, according the form of their use of its services. This includes also subscription business models [8]
Viewers – unregistered users – receive cookies, allowing an analysis of their user profile.[7] Viewers must follow the copyright rules. The limits for download, copying and sharing YouTube content is limited by the adjoint license.[9]
- YouTube members (Community)
YouTube members (registered users) are to follow the terms of use.[9]
The primary authors – the producers of original content – may only upload content they own the coprights.[10]
API authors – the providers of access of content to YouTube – have to follow the Google software rules.[11]
- Copright owners
The copright owners must declare their claims.[6]
- YouTube
YouTube as secondary copright owner – due to ist terms of use claims a non-exclusive cost-free license including the permission of sub-licensing.[12]
License types[edit]
YouTube provides several types of licenses.[13]
Standard YouTube license[edit]
- Upload
The standard-YouTube license is the default upload license. The terms are listed b the terms of use]].[12]
- Download
The standard-YouTube license allows to passive users – the viewers – rights, the active user – the author – has licensed to YouTube, Restrictions of the use by YouTube (and ist affiliate companies) by the author are also valid for viewers. YouTube's offer, to embed a file, does not mean the permit, to do that, though a code to implent this, is offerd by YouTube.[14]
Creative commons license[edit]
By the Creative Commons Attribution License (CC by)[15] YouTubers may allow the use of their work to other persons. The CC by license allows both use and modification.[16]
- Fair Use rules
Within the United States the rule of Fair Use allows reuse of copyright-protected material without license.[17]
Sanctions[edit]
- Authors
Publishing copyright protected work without an appropriate license on YouTube may be reported by the copyright owner to YouTube.[18]
- API-Programmers
API-Programmers, not following the rules for the YouTube API services, may be sanctioned by restrictions and/or admission refusal.[11]
Saveguards[edit]
Content filter, controling videos during upload on copyright violations are used to ensure publishing of legal content only.[9]
Application[edit]
- Embedding of videos
Embedding of videos by Hotlinking is following the European Court of Justice jurisdiction nevertheless legal.[19], as no different public is addressed.
Authors may prevent embedding for YouTube. This means an active license terms definition[20] which is compulsory for users.
Consequences of embedding are given by the cookies, the content is connected to, These cookies are then linked to the embedding content.[7]
As the embedding of previews (Thumbnails), avoid the transfer of cookies, may this be a breach of the terms of the license.[7]
Hyperlinking to YouTube content may be a copyright violation, if the link targets content, published illegally. As YouTube uses an upload filter private users can assume legality.[21][22]
See also[edit]
Weblinks[edit]
- "Copyright laws are breaking YouTube. Here's how to fix the problem".
- "Legally Adding Copyrighted Music to Your YouTube Video".
References[edit]
- ↑ "Terms of Service".
- ↑ "Hours of video uploaded to YouTube every minute as of July 2015". Statista.
- ↑ "Click-fraud malware drives millions of views to YouTube videos".
- ↑ "Net advertising revenues of YouTube in the United States from 2015 to 2018 (in billion U.S. dollars)".
- ↑ "YouTube Statistics – 2019".
- ↑ 6.0 6.1 "How Content ID works".
- ↑ 7.0 7.1 7.2 7.3 "Embedded YouTube Videos and Copyright Infringement".
- ↑ "YouTube Paid Service Usage Rules".
- ↑ 9.0 9.1 9.2 "Youtube und Recht" (in Deutsch).
- ↑ "Copyright on YouTube".
- ↑ 11.0 11.1 "YouTube API Services Terms of Service (EMEA)".
- ↑ 12.0 12.1 "Terms of Service".
- ↑ "What types of content licenses are available in Commons?".
- ↑ "YouTube Copyright Rules: Is it Legal to Caption Public YouTube Videos?".
- ↑ "Creative Commons".
If you've marked your video with a CC BY license, you retain your copyright and other users get to reuse your work subject to the terms of the license
- ↑ "Creative Commons".
What's eligible for a Creative Commons license
- ↑ "Was ist "Fair Use"".
- ↑ "How do I report copyright infringement on YouTube?".
- ↑ "Bestwater: CJEU embeds decision on framed content in order".
- ↑ "Restrict embedding".
- ↑ "JUDGMENT OF THE COURT (Second Chamber) 8 September 2016 ß" (PDF).
Is it important whether the ‘hyperlinker’ is or ought to be aware of the lack of consent by the rightholder for the placement of the work on the third party’s website
- ↑ "Wann dürfen fremde Inhalte verlinkt werden?" (in Deutsch).
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