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YouTube doesn't attribute Creative Commons properly'

Posted: Sat Aug 05, 2017 9:26 am
by keith_12345
YouTube doesn\'t attribute Creative Commons videos properly.
This video is a video by someone that includes Creative Commons content, however there isn't link to the license or the name of the license in the attribution page.
Does that mean that if I used the Creative Commons feature of the YouTube Video Editor, I would be breaking the law by not following the license conditions, because YouTube doesn't attribute correctly? Does it mean that YouTube is breaking the law by not following the license conditions?

Posted: Sat Aug 05, 2017 12:32 pm
by AndyJ
Hi keith.

I'm not sure this is entirely Youtube's fault. They merely host stuff on behalf of their users, and so it is the uploader's responsibility to respect any creative commons notice/licence terms. That said, once Youtube are made aware of the infringing nature of a video etc on their servers they should respond in the usual way to a DMCA notice. The only person who can raise a DMCA notice is the copyright owner who issued the CC licence, although you will often find that the reason they used a CC licence was to avoid the hassle of enforcing their intellectual property rights, so they may not bother about a technical infringement/breach of licence.

Posted: Sat Aug 05, 2017 12:39 pm
by keith_12345
I have issued a DMCA and have had no Responce from the website and the hosting company are not very helpful.

Posted: Sat Aug 05, 2017 2:17 pm
by AndyJ
Hi keith,

It was me who was confused!

I now understand better what you are asking about. All of my earlier points still stand, but once you have created your video in editor you should use the License and Rights Information option in Info and Settings to set your video to the Creative Commons option assuming that you have used a Creative Commons source which requires this (the Share Alike licence). There doesn't seem to be an attribution facility, which is a problem, and so if you were being strictly legal you would have to do this by using the Info and Settings - Description facility to provide the details of the originator. There also doesn't seem to be any way in which the automated process prevents a user taking a video which has a NC licence and then applying Monetization to it which would obviously break to terms of the NC licence. Clearly a video with a CC ND (No Derivatives) licence should not have been placed on the Youtube CC platform in the first place.

So while Youtube have provided the tools, I think it remains the responsibility of the user to check that they are using any CC material in the correct way. Court cases involving CC licences are fairly rare, and I have never heard of one involving this kind of detail about a hosting service as well as a user, so it's not clear how a US court would deal with such a thing. It would normally be a US court if someone wanted sue Google/Youtube as that is the default legal jurisidction in their terms and conditions.

Afternote. Returning to your original posting, I see that I have failed to pick up on your specific point about Youtube apparently not indicating the attribution tags of the video they claim to be covered by CC licences. Youtube explain (here) that they only supply videos with the CC BY licence to users of Editor, and that the author details of the original video are carried forward to the derivative version, thus meeting the terms of the CC licence. On that basis I don't think you need to worry about your liability for failing to attach the correct licence to any video you make using Editor, where Youtube have supplied the original material.