You Tube - Copyright Issues

[NorfolkNog]

Hi All

I would welcome some advice particularly from legal and You Tube experts!

I have been looking through some old video tapes and have come across an extract from (I think) a BBC holiday programme about a Broads holiday aboard the Wherry White Moth. I’m guessing this would date from the 90’s. It lasts about 5 minutes.

As it looked quite interesting, I considered posting it on You Tube but I am wondering if I will be in breach of copyright if I do that. There is some blurb on You Tube – this seems to be the pertinent bit (although it does mention US Law)

Some examples of potentially infringing content are:

TV shows

Including sitcoms, sports broadcasts, news broadcasts, comedy shows, cartoons, dramas, etc.

Includes network and cable TV, pay-per-view and on-demand TV

Music videos, such as the ones you might find on music video channels

Videos of live concerts, even if you captured the video yourself

Even if you took the video yourself, videotaping a concert of your favorite band does not necessarily give you the right to reproduce and distribute the video of the concert without permission from the music publisher (who represents the song writer).

Movies and movie trailers

Commercials

Slide shows that include photos or images owned by somebody else

So I am a bit confused! To post or not to post!

Any advice would be very welcome.

[Antares_9]

Copyright is very clear Howard, if it's BBC then it's their property and any public showing would be an infringement, mind you Youtube seems full of infringements.

[NorfolkNog]

Thanks for that David, better to be on the safe side - knowing my luck I'd probably be the one to get nicked!!!

[mbird]

Youtube is full of TV programme extracts Howard. I'm not saying it is right, but if the BBC was bothered about it, they wouldn't all be there.

[NorfolkNog]

Thanks for that Mark, I’m not a great You Tube aficionado by any means so I’m never sure what’s allowed or appropriate! The clip I found was quite interesting but I suppose what you and David are both saying is that I could probably get away with posting it on You Tube but not to post a link on this site? Would this be a fair assessment?

[mbird]

I wouldn't like to comment either way Howard, but the NBN is careful not to transgress any copyright laws, so I would think that a link would not be such a good idea.... Might be a daft question, but have you searched online at either Youtube or ther BBC to see if the clip is there already?

[kadensa]

Why don't you Email the BBC and ask them if they have any objection?

[NorfolkNog]

Hi Both

Good ideas there, I'll do some investigation!

Many thanks!

[NorfolkNog]

Thanks Jonzo. I might try posting it on You Tube and see what happens. The clip is quite old, must be 15 - 20 years ago, so I don't suppose the beeb should be too worried but you never know. I've tried searching to see if its already on but cant find anything, thats not to say its not on of course!!!

[AdnamsGirl]

Hi Howard

As has been said, YouTube is littered with clips from TV shows from the BBC, ITV etc. etc. .....and I suspect that half the YouTube music videos which have been linked to on here in the past originated from TV programmes. The BBC seem to be very hot on getting clips from current shows taken down, but older stuff seems to get through. Probably best not to put "BBC" in the video's title though !

The worst that will happen is it will get taken down and you will just get a notification of that. I think it's a sort of three strikes and you're out type policy with YouTube with things like this.

Besides which .... I want to see it ..... send me a link when it's on there please !

Carol

[NorfolkNog]

Hi Carol

Thanks for that, yes I think I’ll give it a whirl. I’ve also found another clip, only about 5 minutes again but another Broads boating holiday from the same era. Forget the boatyard, Rivercraft possibly?

I’d be more than happy to send you the link watch this space! If all else fails I’ll pop a CD in the post for you!

[Antares_9]

I really hope people don’t think I’m being a killjoy or obstructive when it comes to such matters but this is not something to be cavalier about, as has been rightly said, for a lot of stuff the copyright owner is not really too bothered about old stuff. But the point is they can enforce copyright if they wish, it only takes somebody to get uppity about it and the stuff can really hit the fan. Both Rachel and I in previous lives spent many years in publishing at senior levels working alongside media lawyers and have seen it often first hand and it is not funny. As an example of what can happen have a look here http://www.theinquirer.net/inquirer/new ... fringement an extreme case I concede but scary nonetheless. As for cut and paste posts, apart from legal implications that is just plain lazy and should be discouraged for that reason alone. It is also a fact that many forums TOS expressley forbid posting links to copyright material. People get away with it and some sites would be devoid of anything interesting without cut and paste and nicked photo's. This is all about copyright infringement and posting a link to, for example, a newspaper article on the origonal author's site is perfectly valid, cutting and pasting the article and posting it here is not, nor is posting a link to another site that has cut and pasted it.

[NorfolkNog]

Hi David

I can see the sense in what you are saying and the need for caution. After considering the comments which various people have kindly made I have decided to upload the video on to my own You Tube channel at my own risk. I take the view that it’s an old clip and probably the worst that can happen is that it will be removed. But that would be purely down to me. As has been pointed out there are loads of TV clips on there.

I take the point about links to this site and therefore have not posted anything directly. However if anyone has a burning desire to see it, it probably wouldn’t take too much finding or I would be happy to PM them a link.