In our Part 1, we listed some of the IP Law areas that can get teachers and students into trouble in the great big Web 2.0 universe. Now, let’s take one and define it, and see how it works.
Take Down Notices — what are they?
Youtube has this notice:
“If your copyright-protected work was posted on YouTube without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should be sent by the copyright owner or an agent authorized to act on the owner’s behalf.
The fastest and simplest way to submit a copyright takedown notice is through our webform. We recommend using a computer for the easiest method.”
For more info, please see: https://support.google.com/youtube/answer/2807622?hl=en
If someone uses material that you own (you believe that you have IP Law ownership rights, and that they have been encroached upon), then you can take actions to prohibit their usage of your material, without permission, and without an agreement (about how you will be compensated, etc.). Youtube gets so many of these requests, that they automated the process.
Many people believe that they have a right to use the materials owned by others, due to laws called the Fair Use Doctrine (USA) and Fair Dealing (UK). These laws allow certain limited exceptions to copyright, trademark and Design IP Laws.
Many folks are naive and don’t even know they’re stealing from you, when they use your material without permission.
On the other hand, you and your students might receive a ‘cease-and-desist’ letter or automated Takedown Notice email, informing you that some video or project has been blocked on their site, due to complaints about the use of someone else’s IP — and you might be surprised about how this works — they assume in advance, that the posting user is the offender, and they give the benefit-of-the-doubt to whoever files the complaint –so, you get blocked or they Take Down (remove) your video, until you can prove ownership of every element (visual content, audio, script, etc.).
You’re going to need to have a working knowledge of Fair Use Doctrine exceptions. Don’t worry, it’s pretty straight forward and it’s not a long list.
You’re going to become an expert at explaining IP Law terms and concepts to your students, when they use their favorite music in a viral video and it gets blocked.
You’re to be fine. Don’t worry. Be Happy.
Dottore Mark 