Posted in Government, UBID

Union Bay Improvement District Board and Administrator Do Not Understand Copyright Regarding Videos of Public Meetings

No word yet on the Board’s attempt to prevent the public from recording PUBLIC MEETINGS.  The amount of time they have wasted on this issue is amusing.  After all the huffing and puffing by one uninformed trustee and the limited knowledge of copyright with the intention to post the videos on Youtube, perhaps they need to read the terms anyone posting videos on Youtube MUST AGREE TO.

This uninformed trustee latches on to a comment made by the woman who conducted the orientation and has built upon the idea of copyright without any research and arrived at the mistaken conclusion of what constitutes copyright material.  No sign this trustee will change their uninformed ways and false statements.

The highlighted portion:

You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.

Regarding copyright:

a work must be both creative and fixed in a tangible medium.

A public meeting is not creative – it is a public meeting.

I posted a short clip of The Daily Show with Trevor Noah on Youtube to see what would happen and I received the following:

https://www.youtube.com/static?gl=US&template=terms

6. Your Content and Conduct

  1. As a YouTube account holder you may submit Content to the Service, including videos and user comments. You understand that YouTube does not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

https://support.google.com/youtube/answer/2797466?hl=en

What is Copyright?

In many jurisdictions, when a person creates an original work that is fixed in a physical medium, he or she generally automatically owns copyright to the work. The owner has the exclusive right to use the work in certain, specific ways.

Which types of work are subject to copyright?
  • Audiovisual works, such as TV shows, movies, and online videos
  • Sound recordings and musical compositions
  • Written works, such as lectures, articles, books, and musical compositions
  • Visual works, such as paintings, posters, and advertisements
  • Video games and computer software
  • Dramatic works, such as plays and musicals

Ideas, facts, and processes are not subject to copyright. In order to be eligible for copyright protection, a work must be both creative and fixed in a tangible medium. Names and titles are not, by themselves, subject to copyright.

If you have copyright material to protect:

8. Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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