Huge channel lifts your footage?

[R-Rated]

So I was watching this video and my wife shouts, "That's your footage!"

I was not even asked if they could feature clips. The clips of mine start around 10:43 mark.

At least the guy put a link to my video in the description but my video only has 842 views in 4 years where his has nearly 90k views in 1 year.

Great example of how the huge channels that just clip shows profit off of lifting footage from small channels.

So your thoughts? What would you do?

 

[Slorida]

If they didn't ask permission, can you put in a copyright claim or similar? maybe lodge a complaint with Youtube? (for all that would be worth).

 

[R-Rated]

If they didn't ask permission, can you put in a copyright claim or similar? maybe lodge a complaint with Youtube? (for all that would be worth).

I did a chat session with YouTube support and they said the same thing:

"If your copyright-protected work was posted on YouTube without your authorization, you can submit a copyright removal request to request that the content be removed.

Submitting a copyright removal request is a legal process.

Here's an article you can follow for you to submit one https://support.google.com/youtube/answer/2807622"

We covered if it would fall under "fair use". It would be interesting to see if it does because YouTube has four standards of which two cover about about amount/substantiality and effect of use on potential market for the original work.

Here is the section about amount and substantiality - Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. But, if what’s borrowed is considered the "heart" of the work, sometimes even a small sampling may weigh against fair use.

In my case, my video is a review of the highway 232 in Tennessee and his video in part covers reviewing highway 232.

Here is the part about potential market - Uses that harm the copyright holder's ability to profit from their original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.

My video only has 842 views in 4 years where his has nearly 90k views in 1 year. 1/7 of 89k views is not 842. So it could be argued that his video is pulling potential viewers from my video. I even looked at the analytics of my video to see if maybe his was driving viewers towards it but his does not show anything other than the two clicks I did last night from the link in his description:

 

[Drakhen99]

I'd say it doesn't fall under fair use if he's using more than a few seconds, but IANAL.

I see how he got around YouTube's automatic detection - he used very short snippets and cut them heavily. If he'd used a 10-second or longer clip from your video, uncut, it probably would've been flagged by YT under the Copyright menu in the left sidebar of the desktop dashboard.

If that were me, I'd probably try to go through the process, since he used the "meat" of your video - the curves - in his.

On a side note, I uploaded an intro for another channel to use in their video, created specifically for them, and when they used it, YT flagged it in my Copyright section and asked if I wanted to put a claim against it. I of course did not, but it was nice to know the system worked, at least partially.

-John

 

[R-Rated]

On a side note, I uploaded an intro for another channel to use in their video, created specifically for them, and when they used it, YT flagged it in my Copyright section and asked if I wanted to put a claim against it. I of course did not, but it was nice to know the system worked, at least partially.

-John

Thanks John.

Back when @HippoDrone and I did some collaborations I got alerts too.

I wonder how many other channels this guy is using videos from without asking?

I put a comment on the video asking him to reach out to me. So far the comment had not gone live.

 

[Drakhen99]

Thanks John.

Back when @HippoDrone and I did some collaborations I got alerts too.

I wonder how many other channels this guy is using videos from without asking?

I put a comment on the video asking him to reach out to me. So far the comment had not gone live.

Probably many. I didn't bother looking around his channel, but does he even ride?

I'd put money on him seeing your comment and deleting it... comments should be visible immediately, unless he's got them ALL under review before publishing.

FWIW, Fair Use is a murky area sometimes - like, "I'll know it when I see it". I used some of GoPro's Hero 12 teaser in my preview video for it, and got flagged - just the video, not the audio. I re-edited and re-uploaded it, using shorter clips, and no flag. I was also talking the whole time during it, about whatever feature was being shown... so it WAS transformative, and was NOT going to take any money out of GoPro's wallet.

-John

 

[R-Rated]

Probably many. I didn't bother looking around his channel, but does he even ride?

I'd put money on him seeing your comment and deleting it... comments should be visible immediately, unless he's got them ALL under review before publishing.

FWIW, Fair Use is a murky area sometimes - like, "I'll know it when I see it". I used some of GoPro's Hero 12 teaser in my preview video for it, and got flagged - just the video, not the audio. I re-edited and re-uploaded it, using shorter clips, and no flag. I was also talking the whole time during it, about whatever feature was being shown... so it WAS transformative, and was NOT going to take any money out of GoPro's wallet.

-John

I guess everyone should check if this guy has a video covering your area. I will update if he responds and what happens next.

 

[L. Bilious]

Are you ticking the 'do not allow sampling' (or whatever it's called) box in the details bit?

 

[R-Rated]

Are you ticking the 'do not allow sampling' (or whatever it's called) box in the details bit?

Good question. That only applies to Shorts:

The other option for embedding applies to someone posting a link to a website:

So neither apply to someone making a video using the footage.

 

[Drakhen99]

OK, I looked... on most videos, he tagged the channel providing the clips, but on some of them [like the vid you're in] he did not... interesting.

I didn't see any of mine, but I do know someone else whose clips he used.

-John

 

[R-Rated]

OK, I looked... on most videos, he tagged the channel providing the clips, but on some of them [like the vid you're in] he did not... interesting.

I didn't see any of mine, but I do know someone else whose clips he used.

-John

I would reach out to the other creator and let them know.

Even tagging in the description is not the same as actually getting permission. Heck the aggregate crash channels know that.

 

[Drakhen99]

I would reach out to the other creator and let them know.

Even tagging in the description is not the same as actually getting permission. Heck the aggregate crash channels know that.

Already reached out - I would want someone to do the same for me, so there

And yep, definitely not the same. Must be easier to ask forgiveness than permission. SMH.

-John

 

[R-Rated]

And yep, definitely not the same. Must be easier to ask forgiveness than permission. SMH.

-John

I guess it depends on whom forgiveness must be requested.

 

[LoneWolfer]

I've watched a fair amount of that channels best of insert part of country and figured he was lifting most of the footage. Guess I didn't think to question that he was asking permission to use other people footage. I'm a bit naive sometimes. I knew he has ridden very few of the New England roads that he mentions because a lot of us in the area avoid those roads most of the time, or he mentions the part that isn't really the great part luckily because not much footage exists of those rides he didn't have it.

he recently did a video about mental Health and motorcycles that sat very poorly with me. I am not a fan of anyone claiming riding a motorcycle is a substitute for a medical professional or that you'll never see a motorcycle parked outside a therapists office, because that is the stupidest idea I've ever heard and a great way to keep up the stigma of seeking help.

 

[Drakhen99]

UPDATE: The other motovlogger whose footage I recognized, replied to me. He told me that he WAS asked permission before using the footage.

Curious, very curious.

-John

 

[Drakhen99]

he recently did a video about mental Health and motorcycles that sat very poorly with me. I am not a fan of anyone claiming riding a motorcycle is a substitute for a medical professional or that you'll never see a motorcycle parked outside a therapists office, because that is the stupidest idea I've ever heard and a great way to keep up the stigma of seeking help.

While I agree that motorcycles aren't a substitute for professionals, there's something about riding that puts me in a good mood and relieves stress, so I see where the cliches are from.

-John

 

[LoneWolfer]

While I agree that motorcycles aren't a substitute for professionals, there's something about riding that puts me in a good mood and relieves stress, so I see where the cliches are from.

-John

Yes, I do agree that sMiles on a motorcycle go a long way to relieving stress and keeping run of the mill blues away.

 

[R-Rated]

he recently did a video about mental Health and motorcycles that sat very poorly with me. I am not a fan of anyone claiming riding a motorcycle is a substitute for a medical professional or that you'll never see a motorcycle parked outside a therapists office, because that is the stupidest idea I've ever heard and a great way to keep up the stigma of seeking help.

Forget that about never seeing a bike outside a medical professional's office. Prepandemic I had mine outside my therapist's office every two weeks.

If he would say that the UCLA study showed riding improved serotonin then I could dig that. However, even the effects of riding are short lived.

If anyone thinks it is substitute then please understand that whatever you are dealing with will be there when dismount. You might have a fresh perspective from riding but mental health treatment is not always simple or enjoyable.

 

[R-Rated]

Already reached out - I would want someone to do the same for me, so there

And yep, definitely not the same. Must be easier to ask forgiveness than permission. SMH.

-John

Did you hear back from your friend about their videos being used?

 

[Drakhen99]

Did you hear back from your friend about their videos being used?

I did... the flurry of replies hid it - but he was asked for permission first.

-John