Youtube wants me to partner...I'm worried about copyright though...

A little while back I started a website that put up many videos using clips from NFL games. These could be things such as big or funny plays that happen in a game (for instance, maybe a big hit or an awesome catch), on to videos that I put together that contained all plays from a single game in which a certain player participated, and also videos that compared two different players at the same position, all using clips from NFL games.

The goal is for fantasy football players to be able to "scout" players by watching a collection of clips from that player, and also for fans of teams to get to see their new guys if they can't catch all the preseason/early games.

I hosted the videos on youtube and embedded them in my site. It has grown fairly popular, and I recently got a message from youtube asking me to be a partner. However, I would imagine that according to Youtube's partner policy, using clips from NFL games would be considered copyright violation even though there are tens of thousands of clips up on youtube that use it. I'm worried that becoming a partner will draw their attention to me, and cause them to take down all my videos.

Now, I have no idea if the NFL has any problem with what I'm doing here, I would imagine what they care about are rebroadcasts of whole games and not highlight clips of individual plays, but I don't know for sure.

 

it seems like they would. But again, they are the ones that contacted you, and as far as I know, they review all your content first. So it must be ok by them..

 

Hmmm, are you sure about that? The email they sent me actually sounds like kind of a cookie cutter thing they send to videos with lots of hits. The odd thing is that this is only my 4th or 5th highest video in view counts, with about 1/5th as many views as a couple of the others. Here's what they sent (I removed the name of the video), it came from .

 

It's a sales pitch. ... Nothing new.

 

Not sure I'm following here? You saying that youtube sends these out all the time and doesn't check the videos first?

I have another youtube account that has far more views than this one (but less subscribers) and it has never gotten the offer from youtube themselves.

 

NFL videos are copy-protected. So yes, YouTube could remove them if they find out you're using them. They removed a song I put in my video (a very old song) from an artist and muted my video. I had to choose some generic song from their library to add some sound to the muted video. They're pretty strict about it but it takes away from the user experience I think.

 

So how do local TV stations, even small ones, and local newspapers (again even ones as small as campus papers) get the rights to broadcast NFL highlights? Are they paying a fee to the NFL to do it?

 

i guess it is an automated message by youtube. When you reach certain target such as, X numbers of subscribers, or X number of video with X number of viewers.

Something like that.

About violation, if I;m not mistaken, if you record the game it self, that is yours video.
If you edit the video like compilation of series of games, then it is yours too, (correct me if Im wrong).

 

No, you cannot just record a video and have full distribution rights. If he recorded and only he watched it, then that is OK. But posting it on YouTube for everyone to see is called distribution and is illegal.

 

They have to get approval from the NFL or have a contract with them to show their videos or copy-protected pictures. If any station could just show NFL games/videos whenever they felt like it, then NFL as an organization would go bankrupt. How do you think that NFL or NBA commissioners make money? From showing up at games and showing their pretty logos. No, they make money by licensing their products, which are the teams they control.

 

Well, that much is obvious, I was referring more to highlights, pictures, etc and not full games. Every little hole in the wall local news station and podunk newspaper out there has consent from the NFL, NCAA, NBA, NHL, PGA, MLS, MLB, etc etc etc etc?

 

Here's a question. Who is it that generally gets youtube videos taken down? Does youtube do it on their own if they think it has copyright issues, or do they only do it when someone (in this case the NFL) complains to them?

Basically, would becoming a youtube partner (thus drawing youtube's attention to the videos) make my videos at any higher a risk of being taken down? It would have no effect on how easy it is for the NFL to find it.

 

Why don't you look at your closest competitor on YouTube? Does he have sponsored ads from Google or not? If he does, contact him and ask if Google is fine with the videos he is using. If they are, then go ahead and join their program. If nobody has sponsored ads and they serve NFL clips like you do, then you know what the answer is.

 

Per the rules of the program, you have to own the copyright to the videos:

http://www.youtube.com/t/partnerships_faq

I'd keep my head down if I was you.

 

The NFL is very protective of it's trademark and copyrighted broadcasts. Stations obtain express permission to show highlights and clips - there is also a difference between a legitimate news outlet and user hosted videos. The more attention you draw to yourself, the more likely you are to be sued. Adding adsense makes your venture commercial in nature and basically eliminates any fair use claim.

If the NFL files a DMCA with youtube, they will remove the videos. The NFL could then seek damages from you. With a court order, they can get use upload information, ip address, etc., to track you down and have you served.

 

I would contact a lawyer who's familiar with copywright law.

 

The NFL has made their policy very clear on rebroadcasts of their material - you must have express permission. They even limit news organizations who shoot their own footage.

"The new policy covers everything shot by news organizations within team facilities. In addition to the 45-second-per-day limit, news organizations must also provide a link to NFL.com and a team's Web site for any team-related footage shown on those Web sites. The league also prohibits news outlets from selling advertising tied to video gathered at a team's facilities. "

http://www.washingtonpost.com/wp-dyn/content/article/2007/06/29/AR2007062902187.html?hpid=topnews

 

Yeah, basically you should not mess with the NFL. They are like mafia - one big happy family.

 

Well, I guess I'm going to try and nip this in the bud and contact the NFL for their "express written consent".

I guess my question then would be what kind of information should I include? Do I tell them the actual URL of the website (seems like if they say no that would be a good way to point them right at the site they need to shut down, but without it they might just say no straight off)? Do I mention that the videos are also posted on youtube?

I have no idea how to go about this, heh.

 

it might be covered under fairuse