Update December 26th, 12:55PM ET: YouTube recognized Hevesh’s channel in a followup tweet.
Gee, that's so nice... now, will they give her the appropriate payout for those views that should have been credited to her channel in the first place?
According to the article:
>But YouTube does own a limited license to people’s videos, so legally, the company can take Hevesh’s content and upload it to its Twitter account.
That sounded very strange, so I looked up the YT terms[0] to see the wording.
Section 6 part C: For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. ...
Right there, it clearly states that they can do what ever they want to do with the video you uploaded. Yes, the part about reproducing, distributing, and perform the Content makes sense. That's the entire point of the Service. "Prepare derivative works of" is the part that gets me. Is that just lawyer speak for "you provided a single video, but we will then transcode to different frame sizes/bitrates", or does it specifically mean what it sounds like in they can take your footage as source to create new content? If it's the former, then okay, just say so. If it's the latter, then, wow.
Important to remember that monetization of her content is under the Partner Program Agreement. They've left some wiggle room in that part, but not much.
"Advertising Revenues. YouTube will pay you 55% of net revenues recognized by YouTube from ads displayed or streamed by YouTube or an authorized third party on your Content watch pages or in or on the YouTube video player in conjunction with the streaming of your Content. YouTube is not obligated to display any advertisements alongside your videos and may determine the type and format of ads available on the YouTube Service. For clarity, YouTube reserves the right to retain all other revenues derived from the YouTube service, including any revenues relating to ads on search result pages."
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[ 4.3 ms ] story [ 23.6 ms ] threadIf an arrogant staffer can get away with this sort of thing it sends a very powerful message to every one else at Google that they can as well.
That sounded very strange, so I looked up the YT terms[0] to see the wording.
Section 6 part C: For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. ...
Right there, it clearly states that they can do what ever they want to do with the video you uploaded. Yes, the part about reproducing, distributing, and perform the Content makes sense. That's the entire point of the Service. "Prepare derivative works of" is the part that gets me. Is that just lawyer speak for "you provided a single video, but we will then transcode to different frame sizes/bitrates", or does it specifically mean what it sounds like in they can take your footage as source to create new content? If it's the former, then okay, just say so. If it's the latter, then, wow.
[0]https://www.youtube.com/t/terms
"Advertising Revenues. YouTube will pay you 55% of net revenues recognized by YouTube from ads displayed or streamed by YouTube or an authorized third party on your Content watch pages or in or on the YouTube video player in conjunction with the streaming of your Content. YouTube is not obligated to display any advertisements alongside your videos and may determine the type and format of ads available on the YouTube Service. For clarity, YouTube reserves the right to retain all other revenues derived from the YouTube service, including any revenues relating to ads on search result pages."