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January 14, 2006

YouAreTV's nervy TOS

There's an interesting discussion on the Yahoo! videoblogging list today about the newest player in the video hosting space, YouAre.tv, whose Terms of Service reads:

YouAre.TV a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the YouAre.TV Website and YouAre.TV's (and its successor's) business, including without limitation for promoting and redistributing part or all of the YouAre.TV Website (and derivative works thereof) in any media formats and through any media channels. ...

You also hereby grant each user of the YouAre.TV Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

As Gena writes:

You think it, nurse it, produce it and, if you so choose to, upload to this services you lose all of your rights to your creation? Anyone can come to the site, snag your work, create mash-ups/alterations/what-not and there is no penalty (to them) or compensation (to you) as the creator?

Where is the anal lube? cuz this is nothing but another company setting up folks to get reamed. This is how the blues recording artists got ripped off, this is how modern day musicians are getting ripped off and it makes me angry.

Maybe as part of our videoblogging education process we need to start talking about the assignment of rights and full understanding of what you, I and collectively we are stepping into.

It doesn't matter if the lawyer "made them do it" or there is similar wording on other sites. It is wrong, wrong, wrong to take another's work, use it to generate viewers and income and then not cut the creator in for a slice.

Absolutely. Contrast and compare to Ourmedia's Terms of Service, which begins:

You own your own material. Ourmedia claims no intellectual property rights over the material you provide to our service.

January 14, 2006 at 11:14 PM in Digital rights & copyright, Video | Permalink

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» Youare.tv's Attempt at a Fast One from The Social Networking Weblog
The cofounder of Youare.TV, Steve Cordova, submitted a link to us to the online video sharing site he cofounded. It doesn't look a whole lot different than all of the other online video sharing sites out there. J.D. Lasica, cofounder... [Read More]

Tracked on Jan 29, 2006 1:55:42 PM

» Youare.tv's Attempt at a Fast One? from The Social Networking Weblog
The cofounder of Youare.TV, Steve Cordova, submitted a link to us to the online video sharing site he cofounded. It doesn't look a whole lot different than all of the other online video sharing sites out there. J.D. Lasica, cofounder... [Read More]

Tracked on Jan 29, 2006 1:56:39 PM

» Youare.tv's Attempt at a Fast One? from The Social Networking Weblog
Brian Cordova submitted a link to us to the online video sharing site, Youare.tv. It doesn't look a whole lot different than all of the other online video sharing sites out there. J.D. Lasica, cofounder of online video hosting... [Read More]

Tracked on Jan 29, 2006 1:58:46 PM

Comments

Thanks for posting about us. But before you post please take a look at the entire message chain, and read our terms. According to our terms, the user ALWAYS retains rights to their content. YouAreTV only acquires distribution rights much like any of the other online video hosting and distribution services. Based on the great feedback we received, we are updating our terms and making them more user friendly.

If you have any additional questions please email me at david@youare.tv.

Thanks again!!

David

Posted by: David Dundas at Jan 15, 2006 8:38:56 AM

Excellent points, JD. This is why we were so careful with our own terms of service over at blip.tv. We spent a few extra hours with our lawyers to make sure that the terms of service were fair to everyone (and we don't assume copyright over anything anyone uploads).

Yours,

Mike
Co-founder, blip.tv

Posted by: Mike at Mar 18, 2006 3:15:26 PM

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