I was asked by a client if they could "download a video" from YouTube.com® and then show it at a large organization event? I have two simple questions in response:
- Copyright
- Ownership
1) Copyrights are assigned to a work when it is complete. You don't necessarily need to see the little copyright symbol © for something to be copyrighted. All footage on YouTube® is owned by the people who made the video -- i.e. the videographer or producer-- and it is automatically copyrighted.
YouTube® Terms of Use strictly forbids downloading video for personal or commercial use (for a quick read, look at 4C, 4D and 5A), or even displaying a YouTube.com® video in a commercial setting directly from the website (i.e. at a meeting). And music is another issue...music that is synchronized to imagery requires a separate Synchronization License, involving a license from both the Record Label and Artist. Contact us if you have any questions about this.
2) Ownership: as an alternative to illegally downloading content, contact Opening Moments and we'll negotiate with the owner of the media to license the content for one-time or into perpetuity. We've done this for dozens of motivational videos like "The Human Element", a commercial produced and owned by Dow Chemical.
Obtaining a licensed copy of the original is always a good idea, and will keep the legal people away. Downloading videos from YouTube® might be easy and accessible (yes, many people do it), yet something to consider is the depth of your pockets for paying the copyright owner if they decide to pursue your organization for copyright infringement. The adage "Do it now, and then ask forgiveness" may not fly with a copyright violation; it's a much better idea for an organization to get permission on the front end. Contact us for a free consultation to license any clip that you are considering for an organization meeting.
