When a person opens a channel on Youtube or in twitch The question always arises as to whether or not you can use content from others to build on yours, such as music. But what do these platforms say about the opposite case, the protection of the content that this user generates, that is born from his own authorship and that perhaps reaches other applications or communication media.
With the growth of the work as streamers or influencers, this is a topic that they must know to take care of their works due to the value that consolidating them entails and how easy it can be replicated elsewhere.
A leading example of this is what happened when Ibai Llanos interviewed Luis Enrique, a former coach of the Spanish National Team. At that time, the television channels of that country took the direct and put it live on their signal. Although there was never a claim from the streamer, users did wonder if that was possible or if there were legal consequences for copyright, copyright and broadcast rights issues.
The law protects the works and the author
Although each country has its own legislation that generates different consequences and actions, when it comes to copyright issues there is a basic concept for everything: “when someone creates something, be it audiovisual content, content on platforms, a photograph or a song, The rights are acquired from that moment and he is the owner,” Juan Miguel Cifuentes, a lawyer with a master’s degree in intellectual property, told TechMarkup.
This means that in principle no one needs to go through a legal process to endorse the ownership of a content, just publish it and it arises from their authorship. Therefore, to use these publications in other channels or media, a prior permission or agreement must be requested so as not to incur in violations.
But in the case of formats on audiovisual platforms, such as Youtube Y twitchyou must enter to look at certain points of the regulations of each one, because that is where the path begins to open.
Twitch Rules
The first thing the platform says Amazon is that copyright will be respected and will be applied according to the nationality of the streamer and the place of publication, so each case has many particularities.
But in parallel to this protection, the application has a sublicense for the content that is created there. “twitch contractually grants itself a license to the content that streamers broadcast on the platform. Then you can do any kind of exploitative act outside of Twitch, like grant other licenses and make a profit,” he said. sorin vilceanulawyer of Bird & Bird.
Which opens the door to a wide variety of situations, because the content creator can also license their formats separately and off the platform, without knowing that the application is also doing it with other partners or that it has already done so and is is retransmitting that content without your consent, even if you already gave it when you accepted the agreements when creating the account.
But at the same time, the streamer can know that this is happening and change the conditions because they are not taking advantage of the broadcast to recover the power of the content.
So “you can either do nothing or you can trade on your own. I mean, it’s not that twitch just negotiate your rights, it is that both are possible at the same time. The streamer can negotiate on his own and the platform on his own, but if the creator wants the application to no longer enter the equation, he would have to negotiate with her, remove that condition and be the only one who negotiates his rights, “said Vilceanu.
All this in cases of retransmissions by third parties, because directly on the platform any replica of content can be reported and it will be downloaded.
YouTube Rules
the platform of Google It is very emphatic in protecting its own content, that is, in taking care of the authors’ works within the application itself and not what happens with third parties.
“We can only manage the content under our platform,” replied the Youtube a infobaemaking it clear that third parties who want to transmit content from the platform “can only do so if they have the rights.”
In the event of a violation, it is the creators of the work who must seek external help for the case, as he tells Juan Miguel Cifuentes with a situation they had in Colombia.
“One of our clients is an audiovisual producer, who uploads videos with a technique called timeland. So a television channel created a soccer championship and to promote it, it took images of some shots in Bogotá published by our client,” he commented.
In that case, they filed a claim for copyright infringement, since they modified and used the work without prior authorization, “violating the moral right to integrity” and finally reached a conciliation agreement.
A case that explains the scope of the rules in the application, ensuring that “it is responsible for scanning the content only on our platform” and that the streamers or content creators are the owners of all the works they publish.
Keep reading:
