10 August 2021
Cinematographic works (videos and films), including one of the copyrighted works that are protected under Article 40 paragraph (1) letter m of Law no. 28 of 2014 concerning Copyright (UUHC) . However, in practice there are often violations of video copyrights which are the property of a creator, one of the violations is when the video is uploaded to a platform, namely Youtube.
Legal Relationship Between Creator and Youtube
Youtube is a platform that facilitates its users to share the videos they have, or just enjoy various videos uploaded by other users. There are various kinds of videos that can be uploaded to this platform , for example music video clips from certain musicians, short films, television films, film trailers, educational videos, video blogs belonging to vloggers, video tutorials for various activities, and many other kinds of videos.
The copyright holder is the video creator or video owner, the video creator here is the person who uploads the original work video and does not re-upload other people’s videos. UUHC grants the owner some exclusive rights for a set period of time. This means that the owner is the only party who can exercise and/or grant the right to publish the Works, Reproduction in all its forms, translation, adaptation, distribution of Works, performances, announcements, Communications, and rental of Works. (Article 9 paragraph (1) UUHC) Meanwhile, Youtube is only a medium for broadcasting videos uploaded on its platform .
Before the video owner uploads, there are Rights and Obligations given by Youtube to be aware of:
Right:
- The video owner has the right to receive royalties or profits from YouTube if the uploaded video gets a lot of viewers (viewers).
- The video owner has the right to report if the video work of his work is duplicated or misused by other parties without giving prior notice, but if the use is fair use, namely in a short duration which is used for news and not for entertainment (still with the permission of the video owner)
- All copyright owners, have rights in the same scope, ranging from musicians, vloggers, and film studios.
Obligation:
- The video creator must have a quality and original video that will be uploaded to YouTube.
- Video owners should know when to grant and obtain copyright permissions or licenses.
- Before uploading a video, the video owner must know and secure the rights to all elements in the video (music, photos, videos).
Video License
A license is a written permission granted by a Copyright Holder to another party to exercise economic rights over his work under certain conditions. (Article 1 number 20 UUHC).
The owner of the video grants YouTube a non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, create translated works/derivatives, and display content in connection with Youtube’s services and businesses (and its successors and affiliates). ) including unlimited promotions and to redistribute part or all of the services in all media formats (including transfigured works) and through all YouTube platform channels .
The Youtube site currently provides two types of licenses on its site:
- Copyright Protection
- Creative Commons BY (CC BY) Protection
So if someone is going to download, edit, and commercialize the content on Youtube, then someone must first ask permission from the owner of the content, as explained in the following Youtube explanation:
“If you are interested in using YouTube videos in broadcasts or movies, you should contact the creator or uploader of the video directly. You can do this by clicking on the link in the user’s channel that reads “send a message” and asks the owner for permission to use their content”
Therefore, if there are parties who want to source video content from Youtube, then that party must first confirm the type of license they are using. However, these parties can still source content from Youtube with a copyright license, as long as it is for fair users, namely for educational, research, and news quoting purposes. (Articles 22 and 44 UUHC)
On the other hand, if the video owner uses the CC BY attribution license, then the video owner can free others, to share, modify (adapt) and use the YouTube content for commercial purposes. However, of course, video owners cannot get economic benefits if one day the content turns out to be widely viewed by people, and provides benefits to those who use it for commercial purposes. This CC BY License Attribution only acknowledges the moral rights of the creator. This is one of the weaknesses of the CC BY license, when compared to the Copyright license which recognizes the moral rights and economic rights of the content owner who protects it with Copyright.
Find the keyword/theme of the video you are looking for, then use FILTERS to sort the results of the CREATIVE COMMONS video.
The number of television shows that use YouTube content for their commercial shows, the producer must know how the law is in taking broadcast sources from YouTube content. If the television producer wants to use content from YouTube, they should first sort out whether the content to be taken is protected by Copyright or CC BY. If it turns out that the content is protected by Copyright, then the television producer must first ask permission from the Copyright owner to get permission, but if the Producer gets the source of YouTube content that is protected by a Creative Commons BY license. Then the producer can directly use it for commercial purposes, provided that the link to the content owner must be clearly stated in the impressions that they broadcast.
