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BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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My spouse took four short videos of a Public Figure, TV Personality

Customer Question

My spouse took four short videos of a Public Figure, TV Personality at a Home Show in January and posted them to his You Tube account under his name Mark Knight.
Mark is a software engineer(not the DJ)for Electronic Arts. The videos were something he took as a hobby while experimenting with his new camera.
A couple of days ago, I found a link to all four of these videos via the TV Personality's Twitter Page. Mark isn't mentioned nor given credit anywhere (twitter nor the webpage where they were posted).
I have emailed this Public Figure at his public email address asking him to either credit my husband or remove the videos. All my emails have been returned with no response.
If my husband made the videos with his camera and posted them to his You Tube they are his property. Does this public figure have the right to use them without requesting his permission or giving him credit?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

You are correct to note that your husband has the copyrights on the videos. Let me explain to you what happens when a copyright holder uploads content to a site like youtube:

Customer:

What happened legally after my husband uploaded those videos?

BizIPEsq. :

I am composing the answer please bear with me

BizIPEsq. :

thank oyu

BizIPEsq. :

you

Customer:

Still here. Please answer in regular everyday english not legal speak. Thanks.

BizIPEsq. :

sure thing!

BizIPEsq. :

When one opens an account with youtube you must agree to their terms of service. Their terms say that when you upload content to them you give them a license (permission) to play the content. When someone links to content on youtube for example through a link posted on twitter the content is played through the youtube player and is subject to the terms I noted

Customer:

I follow. What happens if the videos are unloaded to a public website

Customer:

then tweeted by someone promoting this public figure and then

BizIPEsq. :

when you say uploaded do you mean that the youtube player is no loner used?

Customer:

he retweets the messsge with a bitly link?

BizIPEsq. :

because there is a way to embed a video in a website which looks native to the website but in fact is using the youtube player

BizIPEsq. :

bitly link is just a link shortner

BizIPEsq. :

as long as the youtube player is used it means that the video is still played from youtube

Customer:

Can he do that legally without crediting the person or his account where the

Customer:

videos were originally uploaded?

Customer:

The You tube player is not used.

BizIPEsq. :

youtube does not have a requirement whereby the creator has to be credited

Customer:

Can I send a email to you with a link to the page I am describing?

BizIPEsq. :

I'm afraid the system is going to black out any email address exchanged.

BizIPEsq. :

JA does not permit customers and experts to share emails

Customer:

The videos are linked via the public figures twitter page to a website

Customer:

Salt Lake Homeshow

BizIPEsq. :

can you post the link? (be mindful that this is a public chat though you will be able to ask customer service to redact this portion after you rate my answer)

Customer:

"Ty Pennington shares Highlights from his visit"

Customer:

I will try.

Customer:

You can find the link on Ty Pennington Twitter

BizIPEsq. :

I found the youtube video but not the other references

BizIPEsq. :

used both google and bing. Both bring out only the youtube videos

Customer:

www.homeandgardenblog.com/2013/04/ty-pennington-exposing-some-of.his.html?m=1

Customer:

That's the link where the videos were posted.

Customer:

I will get you the link to my husband's page. One moment.

BizIPEsq. :

BTW, it seems to be no longer there

Customer:

It's www.youtube.com/channel/UCeSUDTzIhJ7Ue5HbJLUYmtQ

Customer:

The post is still up there on his You Tube

Customer:

http://twitter.com/typennington

Customer:

Salt Lake Home Show. June 5

BizIPEsq. :

got it.

Customer:

Follow the bitly link.

BizIPEsq. :

it's using the youtube player and therefore it's perfectly ok

BizIPEsq. :

if your husband does not like this usage he can remove the videos

Customer:

He could have credited n

Customer:

my husband.

BizIPEsq. :

I agree that he could have and maybe should have but unfortunately legally he does not have to

Customer:

Nice guy in person. Too bad he turned out to be such a douchebag.

BizIPEsq. :

i hear you...

BizIPEsq. :

Thank you for using JA

Customer:

No longer subscribed to his newsletter. I explained why when

BizIPEsq. :

Please rate my answer

BizIPEsq. :

good!

Customer:

I made the unsubscription request.

BizIPEsq. :

it's good that you let him know he probably did not even realize this

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work.

Customer:

I will let him know about removing the videos. I asked him to come along with me that day.

Customer:

Thank you.

Customer:

Just rated your service.

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and other Intellectual Property Law Specialists are ready to help you
Customer: replied 1 year ago.

I shared all this information with my husband. He checked his You


Tube account and discovered that it was the Salt Lake Home Show


Marketing Team that had linked the videos to the website NOT


Mr Pennington.


He has chosen to make the videos private then watch and wait


to see if they change the website.

Expert:  BizIPEsq. replied 1 year ago.
Thank you for letting me know.

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