I took video of my daughter (sophomore in HS) at a track meet this weekend (venue was JDL FastTrack in Winston-Salem) and made a little video that I posted on YouTube so that we could show to family and friends.
I just received an email from YouTube that 'Due to a copyright takedown notice that we received we had to take down your video from YouTube'. It goes on to say 'Takedown issued by: RunnerSpace.com'.
There were no signs I saw forbidding capturing video and I saw several others videotaping either via smartphone or video camera. I was curious if anyone has experienced this and knows what the issue is? I did a quick Google search and found several other videos with the name of this venue in the title.
Thanks!
Daughter's track video on YouTube taken down, RunnerSpace.com copyright infringement
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I'm assuming it was a meet that Runnerspace Pro has the rights to.
I imagine a venue like that will let you film your daughters race for your own personal use.
So you could share it with your family privately but not publicly. So just list the video as "unlisted" (anyone with link can view) or private (only those you put can view) and then it won't show up in youtube search results.
Explanation here:
http://www.ikeepsafe.org/be-a-pro/reputation/what-do-i-do-if-my-child-has-an-inappropriate-video-on-youtube/ -
Thanks very much rojo! Your help is very much appreciated.
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Runnerspace built their website. It looks impressive until you try and view something at which point they ask for money.
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It's a frivolous takedown notice, it happens all the time.
Under the DMCA, the takedown system heavily favors the accuser. They are not required to provide evidence unless the accused disputes the notice. To challenge a takedown requires providing your name and street address to the accuser, which circumvents the anonymity of your online accounts, so people are reluctant to do so. And there is no effective punishment for filing false notices either.
Live sporting events are not copyrightable in the US (see NBA v Motorola). Generally, if you hold the camera, you own the video, unless you signed a contract stating otherwise before attending the event. Organizers often try to make statements to the effect that "we own all video taken of this event," but they have yet to try to use that wishful thinking in court and would fail if they did. Youtube rejected it in the NASCAR crash video incident a couple years back.
There are other issues, like copyrighted images captured by the video, such as logos and ads. But as long as those are incidentally captured, i.e. not really important parts of the video, they are well within established fair use practices. Commercial use is more complicated but is not a copyright issue.
If you challenge the takedown, you will probably win, but runner's pace will know who you are.
One other thing about youtube is they have contracts with major corporations that allow those corporations to require takedowns for other than copyright reasons. I doubt runnerspace is one of them, but if it were NBC or something, and you had made video of a meet they had broadcast, they might have leverage to force it off of youtube. -
rojo wrote:
I'm assuming it was a meet that Runnerspace Pro has the rights to.
That is not a matter of copyright, but of contracts between organizers and various broadcasters.
What runnerspace has the right to is the video made by their cameramen, or the ones under contract with them and the meet, and nothing more.
If you were rebroadcasting their video, then it would be a matter of copyright and you'd be violating their broadcast rights.
But by broadcasting your video, you're violating no law at all. You may be screwing up the contract between the meet and runnerspace, but that's their own fault for allowing cameras at the meet. If they don't want other videos to exist, owned by other people, it's incumbent on them to either ban cameras or force attendees to sign away their rights on paper.
Again - sporting events are NOT copyrightable. Only video of sporting events is copyrightable. Different video, different copyright. -
Best post by Bad Wigins ever! Thanks.
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So can me and my frat bros go to an NBA game with a camcorder, sit in the stands and provide crappy commentary and poor camera work, and live-stream it on the internet?
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wowjustwow wrote:
Best post by Bad Wigins ever! Thanks.
The only good post by Wiggins ever! He hit a bullseye. -
brotrack $$$ wrote:
So can me and my frat bros go to an NBA game with a camcorder, sit in the stands and provide crappy commentary and poor camera work, and live-stream it on the internet?
Yes, bad. I have questions along those lines.
Also what about most tickets to pro events say on the back that you won't take video. So by granting you admission, you agree not to shoot Then can they prevent you from putting it up on youtube.
I think they make it copyrightable by putting the disclaimer on the ticket. -
Exactly! To contest it, you have to say you are prepared to go to federal court. I had the same thing happen on ebay for an item I was selling that I owned outright! Absolutely ridiculous. This needs fixed.
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RunnerSpace is cracking down. Hopefully with this initiative, yearly subscriptions will exceed 25.
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taken down sucks wrote:
Exactly! To contest it, you have to say you are prepared to go to federal court. I had the same thing happen on ebay for an item I was selling that I owned outright! Absolutely ridiculous. This needs fixed.
Well, that means going head-to-head with WIPO, and 99% of the music and movie industry, amazon and google.
The DMCA was a real sh!t sandwich.
The phrase 'chilling effect' is very appropriate. -
Bad Wigins wrote:
rojo wrote:
I'm assuming it was a meet that Runnerspace Pro has the rights to.
That is not a matter of copyright, but of contracts between organizers and various broadcasters.
What runnerspace has the right to is the video made by their cameramen, or the ones under contract with them and the meet, and nothing more.
If you were rebroadcasting their video, then it would be a matter of copyright and you'd be violating their broadcast rights.
But by broadcasting your video, you're violating no law at all. You may be screwing up the contract between the meet and runnerspace, but that's their own fault for allowing cameras at the meet. If they don't want other videos to exist, owned by other people, it's incumbent on them to either ban cameras or force attendees to sign away their rights on paper.
Again - sporting events are NOT copyrightable. Only video of sporting events is copyrightable. Different video, different copyright.
Nevertheless, you can contract to vary those rights. It could be that when you buy a ticket to attend the event you're agreeing to a set of terms; and those terms might include an agreement to assign the copyright in any videos you make (for example).
No idea whether this has in fact happened in this case.... -
rojo wrote:
brotrack $$$ wrote:
So can me and my frat bros go to an NBA game with a camcorder, sit in the stands and provide crappy commentary and poor camera work, and live-stream it on the internet?
Yes, bad. I have questions along those lines.
Also what about most tickets to pro events say on the back that you won't take video. So by granting you admission, you agree not to shoot Then can they prevent you from putting it up on youtube.
I think they make it copyrightable by putting the disclaimer on the ticket.
Correct, this is a matter of contract law, not copyright law. Assuming this was a track meet where there was no contractual agreement between the Dad and the provider of the meet, then no one has any claim against the Dad.
Even if there was a contract, the venue would have to go after the Dad for breach of contract - but even so, he retains the copyright, and Runnersspace has no claim in any event. -
They're still hanging on to the Rowbury video from that meet.
RunnerJunk wrote:
RunnerSpace is cracking down. Hopefully with this initiative, yearly subscriptions will exceed 25. -
Bad Wigins wrote:
rojo wrote:
I'm assuming it was a meet that Runnerspace Pro has the rights to.
That is not a matter of copyright, but of contracts between organizers and various broadcasters.
What runnerspace has the right to is the video made by their cameramen, or the ones under contract with them and the meet, and nothing more.
If you were rebroadcasting their video, then it would be a matter of copyright and you'd be violating their broadcast rights.
But by broadcasting your video, you're violating no law at all. You may be screwing up the contract between the meet and runnerspace, but that's their own fault for allowing cameras at the meet. If they don't want other videos to exist, owned by other people, it's incumbent on them to either ban cameras or force attendees to sign away their rights on paper.
Again - sporting events are NOT copyrightable. Only video of sporting events is copyrightable. Different video, different copyright.
You hit the head! -
malmo wrote:
wowjustwow wrote:
Best post by Bad Wigins ever! Thanks.
The only good post by Wiggins ever! He hit a bullseye.
LOL, I was thinking the same thing. I was expecting some sort of crazed rant, but was pleasantly surprised. -
ttttttttttttttttttt wrote:
rojo wrote:
brotrack $$$ wrote:
So can me and my frat bros go to an NBA game with a camcorder, sit in the stands and provide crappy commentary and poor camera work, and live-stream it on the internet?
Yes, bad. I have questions along those lines.
Also what about most tickets to pro events say on the back that you won't take video. So by granting you admission, you agree not to shoot Then can they prevent you from putting it up on youtube.
I think they make it copyrightable by putting the disclaimer on the ticket.
Correct, this is a matter of contract law, not copyright law. Assuming this was a track meet where there was no contractual agreement between the Dad and the provider of the meet, then no one has any claim against the Dad.
Even if there was a contract, the venue would have to go after the Dad for breach of contract - but even so, he retains the copyright, and Runnersspace has no claim in any event.
It depends. A contract might assign copyright. Copyright is property and can be bought and sold like other property. -
I would doubt the enforceability of a "back of the ticket" assignment, but you may be right.
