Streaming Video and Copyright
Any kind of video material can be made into a streaming video. This might tempt some to use video footage which does not belong to them. Video which is not in the public domain, however, is subject to copyright, which means that written permission must be obtained before it can be used by a third party.
A streaming video which consists of someone talking to the camcorder is referred to as user-created content (UCC) and (of course) can be used by the creator in any way he or she wishes. A fair proportion of streaming video on websites like YouTube is UCC – these are sometimes called 'video blogs'.
UCC can also include footage of objects, scenes or animals, but does not necessarily extend to people. Before you can use video or still images of people you must obtain a written release authorization to display those images in a public forum like a video stream.
A release authorization is required anytime a person can be recognized. Crowd scenes are usually exempt because it's hard to pick out individuals from a large group of people. If you focus on an individual in the crowd, though, play it safe and try to get a release authorization before using that footage as part of a streaming video.
Copyright and the Internet
The Internet is no different from any other media when it comes to copyright. The creator of any content – video, images, sound, written material – holds copyright unless he or she specifically releases the work to the public domain.
Copyright gives the creator (or owner, as copyright can also be transferred) control over how that material can be used. If anyone wants to use copyrighted material they must get written permission from the copyright holder.
How long does copyright last? There is some variation from country to country, but generally speaking it will remain in effect for at least 50 years after creation. Written works are protected for the lifetime of the author plus 70 years, but photographs and sound recordings are only protected for 50 years after the date of publication.
What does all this mean for the video streamer? Be careful of your sources. Don't assume you can use someone else's work just because 'everyone else is using it'. Above all, don't assume that other video streaming material is up for grabs. Just because it has a transient feel doesn't mean that UCC can be used without permission.
This is a two-way street. Any video stream that you create and post on a public forum like Google Video or YouTube or your own web site belongs to you, the creator. You hold copyright to that material, and that means you can decide when and where that video content can be used.
Enforcing Copyright
So what do you do if you find that someone has copied your streaming video and is using it against your wishes? Don't worry about having to prove copyright – in most countries it is automatically assigned to the creator of any work, although it may be prudent to mark all streaming video (and other material) with a copyright symbol.
The hard part comes when enforcing your rights as copyright holder. The first step is to get in touch with the offending party and explain your policies for using your video. If they don't comply, you can threaten them with a lawsuit, but unless you are prepared to back up your threat with (costly) court action the matter will most likely end in stalemate. You could contact their Internet Service Provider (ISP) and register a complaint, but if the ISP doesn't do anything that will probably be the end of the road.
Bottom line – if you don't want anybody to copy your streaming video, don't post it on the Internet.
