stock footage copyright question
- October 18, 2008 @ 6:07amabstruseoni says:I'd like to start a community site for stock footage where producers and video editors can upload videos they've taken and download videos other producers have made. my concern is that someone might upload a video that belongs to a company and might be copyrighted...obviously there's no way for me to tell unless i magically know every existing video in the world. would there be any way for me to build this site, or am i just asking for a lawsuit? youtube does something similar and they have tons of copyrighted material, but you don't have the option to download their videos, so that might give them more leeway.
- October 21, 2008 @ 9:26amCarrie says:I would not proceed unless you have prior permission from the rights holder for each title.
- October 21, 2008 @ 8:07pmabstruseoni says:but that's my point....how do you verify if they have the rights to the video? i basically have to take their word for it... and on a mass scale it would be impossible to verify each one manually. but couldn't i have an agreement in place for new members that basically says, if they upload a video, they're stating it's their original material and will be held responsible for it if it isn't?
- October 22, 2008 @ 6:59amksmith says:The Digital Millennium Copyright Act added section 512 to the copyright act to provide limitations on liability for online material. The situation you are describing is addressed by subsection 512(c), which provides a "safe harbor" for online service providers for potentially infringing material that resides on their system "at the direction of a user." There is a fairly elaborate set of requirements to qualify for this safe harbor, and the service provider has to follow a designated procedure to receive and act on notification of infringing material. This is the provision of the copyright law (sometimes called the "notice and takedown" provisions) on which services like YouTube rely. I cannot tell you if the project you describe will put you within the definition of a service provider, but I think that is where you would need to position yourself, with all the proscribed procedures in place, before you proceed. You might want to consult local counsel; in my state the bar association sometimes arranges pro bono opportunities for would-be entrepreneurs to consult with IP attorneys, perhaps you can find a similar program.
- October 22, 2008 @ 10:44amabstruseoni says:thank you ksmith for that great reply. that's exactly what i was looking for :) thanks a million
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