(Read the Update to this post at the bottom.)
NerdTV’s Robert X. Cringely asks some interesting questions around YouTube’s End User Agreement. He quotes the EUA:
…by submitting the User Submissions 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 User Submissions in connection with the YouTube Website and YouTube’s (and its successor’s) business…in any media formats and through any media channels.
This isn’t a huge concern for me with the Alan Roxburgh book video but I wonder how the askaninja guys might feel, when YouTube releases the Greatest YouTube Hits DVD. Note the “any media formats” line and note that the uploaded videos are normally much better quality than YouTube’s encoding shows.
Regarding the loss of rights issue, Cringely states,
Under this new license, then, it would seem that they could produce a Best of YouTube DVD and sell it on late night TV. They could take your musical performance, strip the audio from the video, and sell it to almost anyone for almost any use. They could refuse to take down your video, no matter how embarrassing. They could charge YOU for your own video. And of course they could insert ads in the video virtually anywhere.
We all might want to think again before we put our creative work up on YouTube. (Read the Cringely post for Larry Lessig’s creative workaround.)
UPDATE: Alan Herrell, the Head Lemur, smacks me upside the head with my late arrival at this understanding. Read his comment below. Also, read him here, here and here, please. (Considering the copyright battle waged between our company and then Chapter 11’d Livent in the late ’90’s- which we won – one would think I’d have had a much better handle on this.) Thanks, Alan.
Take his advice:
If you want to share, under terms that understand and value your contributions in any format, I suggest OurMedia.org as the place to share.