Video footage pinched and used in TV advert
Discussion
Mezzanine said:
Property of YouTube as soon as you upload it IIRC.
They can do what they wish can't they?
You still own the video, but you grant youtube a license to use it. Youtube taking ownership of videos wouldn't be a smart move for them if illegal videos were found to be uploaded. That's how it was a few years ago in almost all cases, it's probably still the same.They can do what they wish can't they?
If all else fails, take revenge.
Complain to ASA over content of the advert.
You must be able to find something that someone can find offensive/discriminatory/etc/etc
It only takes one complaint to initiate an investigation and they seem to uphold the silliest things ... result - advert can't be shown and the company loses all the money they spent on it.
The more people complain, the faster they act
Complain to ASA over content of the advert.
You must be able to find something that someone can find offensive/discriminatory/etc/etc
It only takes one complaint to initiate an investigation and they seem to uphold the silliest things ... result - advert can't be shown and the company loses all the money they spent on it.
The more people complain, the faster they act
Google said:
Questions for YouTube uploaders
How do I get permission to use someone else's content in my video?
If you plan to include copyright-protected material in your video, you'll generally need to seek permission to do so first. YouTube cannot grant you these rights and we are unable to assist you in finding and contacting the parties who may be able to grant them to you. This is something you'll have to research and handle on your own or with the assistance of a lawyer.
For example, YouTube cannot grant you the rights to use content that has already been uploaded to the site. If you wish to use someone else's YouTube video, you may want to contact them via our messaging feature.
In other words, if you own Copyright to your video, the production company should have asked your permission to use it.How do I get permission to use someone else's content in my video?
If you plan to include copyright-protected material in your video, you'll generally need to seek permission to do so first. YouTube cannot grant you these rights and we are unable to assist you in finding and contacting the parties who may be able to grant them to you. This is something you'll have to research and handle on your own or with the assistance of a lawyer.
For example, YouTube cannot grant you the rights to use content that has already been uploaded to the site. If you wish to use someone else's YouTube video, you may want to contact them via our messaging feature.
There is a caveat to all of this which is called 'fair use' and would be tested by a Court. If the advert wasn't for profit (a charity maybe) then it could be argued they aren't profiting from use of your clip or if the clip is very short they may be able to say it's not a significant breach of copyright a bit like if a radio station plays only a few seconds of a song, they don;t have to pay a PRS fee on it.
Phunk said:
Can anyone point me in the right direction how to resolve this?
Some footage has been lifted from one of my YouTube videos and used on a TV advert. Who would I speak to regarding how to claim for copyright theft?
I'm not sure the fact it went via YouTube is relevant. You own copyright in your work, a company or advertising agency stole it. Those are the culprits you need to talk to.Some footage has been lifted from one of my YouTube videos and used on a TV advert. Who would I speak to regarding how to claim for copyright theft?
So my first stop would be to ring up the company concerned, find out who the main man is and write him a letter. However be clear about your objective (money? apology?) and how hard/long you're prepared to fight for.
ClockworkCupcake said:
Simpo Two said:
I'm not sure the fact it went via YouTube is relevant.
It is if YouTube's T&C's say that they can license your video to third parties without your consent and that by uploading your video to YouTube you are implicitly granting them the right to do so. In that case, the times when we see 'Sorry, video deleted due to copyght issues' would mean that the uploader stole the copyright from the author. In that case, rather than upload your stuff dircetly, get someone else to do it - and then if it's stolen you can claim the original theft...
But I'd suggest we need to find the facts, rather than postulate every option indefinitely and get nowhere.
Simpo Two said:
If that is true (I'm not going to spend the afternoon wading through T&Cs) ... (snip)
But I'd suggest we need to find the facts, rather than postulate every option indefinitely and get nowhere.
Indeed. Like you, I wasn't going to wade through the T&C's either, and my comment was very much an "if true" one. But I'd suggest we need to find the facts, rather than postulate every option indefinitely and get nowhere.
Slightly O/T, but YT even warn me that I'm stealing music when I wrote the bloody stuff.
O/P - I'd definitely contact the ad agency that made the advert. Just explain that they are using your footage and how did they come to do so without your permission. Ad agencies get VERY jumpy if there is a chance an ad might get pulled (clients will dump them in a heartbeat), and they may well be happy to bung you some 'shut up' money. I once had an idiot saying he'd written the music that I'd written for a TV ad, and the agency went into brown trouser mode until I convinced them he was just a t
t trying to make some free cash
This may help, if you don't know which agency made the ad >> http://www.advertolog.com
O/P - I'd definitely contact the ad agency that made the advert. Just explain that they are using your footage and how did they come to do so without your permission. Ad agencies get VERY jumpy if there is a chance an ad might get pulled (clients will dump them in a heartbeat), and they may well be happy to bung you some 'shut up' money. I once had an idiot saying he'd written the music that I'd written for a TV ad, and the agency went into brown trouser mode until I convinced them he was just a t
t trying to make some free cashThis may help, if you don't know which agency made the ad >> http://www.advertolog.com
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