Okay, this is a double topic. After my Copyright…..Again post I got to thinking about derivative works, transformativeness in works and holding your own. Basically, if you alter a work and make it your own then it is derivative – if you change it then it is transformative. So if you play a game and commentate it, or montage it then it becomes derivative AND transformative and so entitled to copyright protection IN IT’S OWN RIGHT. As far as I can tell that does not extend to music you use for a montage, for example, unless it’s a remix that you have made.
However, unless you yell that you know your rights (hahaha, yeah right) then copyright holders for the source material can pretty much just steamroller you. So I made this:
It’s totally free for anyone to use on their videos if they wish to, or perhaps base their own notice off it. I hope that it raises awareness and helps people.
****THIS VIDEO IS FREE FOR ANYONE TO USE****
Direct Download –
*NOTE* If you choose to use this intro for your videos you may still be subject to DMCA/EUCD take down notices. It is YOUR responsibility to prove your work is derivative and/or informative under copyright fair use “rules”.
I’m not a lawyer, and am not responsible for you, your videos, or your actions on YouTube or anywhere else. Do your research:
General Copyright: http://en.wikipedia.org/wiki/Copyright
Derivative works and transformativeness: http://en.wikipedia.org/wiki/Derivative_work
Electronic Frontier Foundation: http://www.eff.org/
YouTube can, will, and do remove any and all content that is subject to DMCA take down notification. That is part of the Terms and Conditions that you agreed to when you signed up to the service. So even if you are “in the right” YouTube can still take down your video(s) – live with that reality, or use another video host. They’re protecting their business, and they have every right to do it.
After I posted that video to my YouTube channel I found that DarkSydePhil (DSP) who had been pretty much the centre of my thinking on this issue has posted a new video on his ongoing saga. Previously it was claimed that it was UBISOFT who sent the DMCA take down notices to YouTube regarding DSP’s channel…….well, it seems that wasn’t actually correct. In fact it seems that YouTube is now accepting take down notices from any random person who can type “DMCA”:
(Strong language at the end – Not Safe For Work (NSFW))
So there you have it. UBISOFT are not the enemy after all (well, not in this case anyway). But I still want to make it clear that regardless of your actual copyright status, YouTube can remove any video or user from their service whenever they want, and for any reason they feel like. That’s just how it is, and those are the rules that all YouTube accounts are covered by.
Peas and loaves.
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