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	<title>Comments on: Why YouTube should support Creative Commons now</title>
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	<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/</link>
	<description>This can all be made better. Ready? Begin.</description>
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		<title>By: YouTube, copyright, Creative Commons, government works, and the Public Domain &#8211; cultivate creativity</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-103129</link>
		<dc:creator>YouTube, copyright, Creative Commons, government works, and the Public Domain &#8211; cultivate creativity</dc:creator>
		<pubDate>Sat, 06 Dec 2008 01:59:02 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-103129</guid>
		<description>[...] was some great discussion recently on Chris Messina&#8217;s blog, and Lawrence Lessig&#8217;s blog, around the topic of Obama&#8217;s YouTube videos and the [...]</description>
		<content:encoded><![CDATA[<p>[...] was some great discussion recently on Chris Messina&#8217;s blog, and Lawrence Lessig&#8217;s blog, around the topic of Obama&#8217;s YouTube videos and the [...]</p>
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		<title>By: Mary Hodder</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102978</link>
		<dc:creator>Mary Hodder</dc:creator>
		<pubDate>Wed, 26 Nov 2008 20:46:43 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102978</guid>
		<description>Chris, 

Youtube requires that all uploaders own the copyright to the work they submit, and that the uploader give YT and the community a commercial reuse license.

It would be great to have YT use CC (I asked them a couple of years ago and didn&#039;t get the sense they understood any of this at all) but Barak Obama&#039;s talks are already under the manditory commercial reuse license (in other words, it&#039;s not in question). 

I&#039;d like to see Obama spread all his videos all over as well (not just YT), and put them out under a &quot;no rights reserved&quot; - public domain license cuing people to the fact that the rights are public domain as well.</description>
		<content:encoded><![CDATA[<p>Chris, </p>
<p>Youtube requires that all uploaders own the copyright to the work they submit, and that the uploader give YT and the community a commercial reuse license.</p>
<p>It would be great to have YT use CC (I asked them a couple of years ago and didn&#8217;t get the sense they understood any of this at all) but Barak Obama&#8217;s talks are already under the manditory commercial reuse license (in other words, it&#8217;s not in question). </p>
<p>I&#8217;d like to see Obama spread all his videos all over as well (not just YT), and put them out under a &#8220;no rights reserved&#8221; &#8211; public domain license cuing people to the fact that the rights are public domain as well.</p>
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		<title>By: jay dedman</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102971</link>
		<dc:creator>jay dedman</dc:creator>
		<pubDate>Tue, 25 Nov 2008 21:59:15 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102971</guid>
		<description>We did a project last year at politicalvideo.org, where we made Bush speeches available for download and remix. We scraped the REAL/WMV videos off whitehouse.gov, which has no mention of copyright. 

We believe that speeches of our President on a government site are public domain. We did some research and found several citation like this: http://digital-law-online.info/lpdi1./treatise8.html &quot;It can be assumed that, where a Government agency commissions a work for its own use merely as an alternative to having one of its own employees prepare the work, the right to secure a private copyright would be withheld.&quot;

So even if a private contractor records government events for the government, it&#039;s still owned by the people since they are not adding anything of value to the work.

Funny enough, I met one of the guys who ran whitehouse.gov for President Bush. When I asked him if the videos were in the public domain, he said &quot;of course&quot;. When I asked him why they didn&#039;t make clear the copyright, he kind of shrugged.

Carl Malamund has done ground breaking work slogging through the lack of government asserting clear/false copyrights on public documents: http://public.resource.org

In the end, we&#039;re talking about Youtube just letting creators choose the copyright they want. Blip.tv has done this for three years to great effect. All this is just about creating a structure in which we can be transparent with copyright for videos, instead of the shadowy world that exists now.</description>
		<content:encoded><![CDATA[<p>We did a project last year at politicalvideo.org, where we made Bush speeches available for download and remix. We scraped the REAL/WMV videos off whitehouse.gov, which has no mention of copyright. </p>
<p>We believe that speeches of our President on a government site are public domain. We did some research and found several citation like this: <a href="http://digital-law-online.info/lpdi1./treatise8.html" rel="nofollow">http://digital-law-online.info/lpdi1./treatise8.html</a> &#8220;It can be assumed that, where a Government agency commissions a work for its own use merely as an alternative to having one of its own employees prepare the work, the right to secure a private copyright would be withheld.&#8221;</p>
<p>So even if a private contractor records government events for the government, it&#8217;s still owned by the people since they are not adding anything of value to the work.</p>
<p>Funny enough, I met one of the guys who ran whitehouse.gov for President Bush. When I asked him if the videos were in the public domain, he said &#8220;of course&#8221;. When I asked him why they didn&#8217;t make clear the copyright, he kind of shrugged.</p>
<p>Carl Malamund has done ground breaking work slogging through the lack of government asserting clear/false copyrights on public documents: <a href="http://public.resource.org" rel="nofollow">http://public.resource.org</a></p>
<p>In the end, we&#8217;re talking about Youtube just letting creators choose the copyright they want. Blip.tv has done this for three years to great effect. All this is just about creating a structure in which we can be transparent with copyright for videos, instead of the shadowy world that exists now.</p>
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		<title>By: Bill Ward</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102970</link>
		<dc:creator>Bill Ward</dc:creator>
		<pubDate>Tue, 25 Nov 2008 21:45:29 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102970</guid>
		<description>I think one reason the government uses so many contractors is precisely so that they can copyright their work product....

I think it&#039;d be great for the Obama posts on YouTube to be licensed under CC, but they probably can&#039;t be since even CC is a form of copyright and the government can&#039;t produce copyright.

Of course, if the video was shot by a TV network (such as ABC News, who release a podcast version of the addresses, as I found out Yesterday on iTunes) then it could fall to the TV network to embrace CC, which seems hardly likely.</description>
		<content:encoded><![CDATA[<p>I think one reason the government uses so many contractors is precisely so that they can copyright their work product&#8230;.</p>
<p>I think it&#8217;d be great for the Obama posts on YouTube to be licensed under CC, but they probably can&#8217;t be since even CC is a form of copyright and the government can&#8217;t produce copyright.</p>
<p>Of course, if the video was shot by a TV network (such as ABC News, who release a podcast version of the addresses, as I found out Yesterday on iTunes) then it could fall to the TV network to embrace CC, which seems hardly likely.</p>
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		<title>By: steve@stevegarfield.</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102969</link>
		<dc:creator>steve@stevegarfield.</dc:creator>
		<pubDate>Tue, 25 Nov 2008 17:06:45 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102969</guid>
		<description>@Peter Bihr Take a look at CC+ http://wiki.creativecommons.org/Ccplus

While I&#039;m here, I&#039;d like ot ask Flickr to carry along the CC license info with photo embeds.

You&#039;ve got the license info, why not pass it along with the embed code, for your own work and others work that ou resue?

Thanks,
--Steve</description>
		<content:encoded><![CDATA[<p>@Peter Bihr Take a look at CC+ <a href="http://wiki.creativecommons.org/Ccplus" rel="nofollow">http://wiki.creativecommons.org/Ccplus</a></p>
<p>While I&#8217;m here, I&#8217;d like ot ask Flickr to carry along the CC license info with photo embeds.</p>
<p>You&#8217;ve got the license info, why not pass it along with the embed code, for your own work and others work that ou resue?</p>
<p>Thanks,<br />
&#8211;Steve</p>
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		<title>By: Peter Bihr</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102968</link>
		<dc:creator>Peter Bihr</dc:creator>
		<pubDate>Tue, 25 Nov 2008 16:42:43 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102968</guid>
		<description>Thanks for the great post - spot on! 

There&#039;s one point I&#039;d like to add as it came up in a discussion at Web 2.0 Expo Europe recently: Besides the services implementing CC at all (preferably even as default), how can it be made easier for professionals to also use CC licensed content?

Example: If you&#039;re a journalist working on a deadline and would like to use a CC licensed photo, it&#039;s often tough to get in touch with the author quickly enough to sort out the commercial aspects in time. 

Of course many authors put their stuff under a very liberal CC BY license, requiring only attribution and allowing freely for commercial use. The majority, though, it seems, goes for CC BY-NC-SA, allowing for non-commercial use, but not for commercial use. My guess is, though, that a lot of those authors wouldn&#039;t mind having their images used commercially and making some money on the side as long as they have control over who uses them.

So my question to you: Would it make sense to implement (to phrase it overly simple) to implement a button on Flickr/YouTube/Blip etc. that gives authors a chance to say: click here, I&#039;ll get a text message right away and you&#039;ll get my &quot;go&quot;/&quot;no go&quot; within 5 mins. If the answer is yes, here&#039;s my PayPal account, please send me $1.50. Thanks!

Maybe it&#039;s not as easy, but I think CC could help those active in the long tail a great deal to both share their stuff for personal use and also make some cash on the side?</description>
		<content:encoded><![CDATA[<p>Thanks for the great post &#8211; spot on! </p>
<p>There&#8217;s one point I&#8217;d like to add as it came up in a discussion at Web 2.0 Expo Europe recently: Besides the services implementing CC at all (preferably even as default), how can it be made easier for professionals to also use CC licensed content?</p>
<p>Example: If you&#8217;re a journalist working on a deadline and would like to use a CC licensed photo, it&#8217;s often tough to get in touch with the author quickly enough to sort out the commercial aspects in time. </p>
<p>Of course many authors put their stuff under a very liberal CC BY license, requiring only attribution and allowing freely for commercial use. The majority, though, it seems, goes for CC BY-NC-SA, allowing for non-commercial use, but not for commercial use. My guess is, though, that a lot of those authors wouldn&#8217;t mind having their images used commercially and making some money on the side as long as they have control over who uses them.</p>
<p>So my question to you: Would it make sense to implement (to phrase it overly simple) to implement a button on Flickr/YouTube/Blip etc. that gives authors a chance to say: click here, I&#8217;ll get a text message right away and you&#8217;ll get my &#8220;go&#8221;/&#8221;no go&#8221; within 5 mins. If the answer is yes, here&#8217;s my PayPal account, please send me $1.50. Thanks!</p>
<p>Maybe it&#8217;s not as easy, but I think CC could help those active in the long tail a great deal to both share their stuff for personal use and also make some cash on the side?</p>
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		<title>By: Chris Messina</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102967</link>
		<dc:creator>Chris Messina</dc:creator>
		<pubDate>Tue, 25 Nov 2008 16:20:09 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102967</guid>
		<description>&lt;a href=&quot;http://en.wikipedia.org/wiki/Work_of_the_United_States_Government&quot; rel=&quot;nofollow&quot;&gt;According to Wikipedia&lt;/a&gt;, Stephen is mostly correct (the work is licensed under a &quot;noncopyright&quot;), except in the cases, as I mentioned, where other people&#039;s copyrighted work is used or where the government has purchased copyrighted works (and therefore owns the copyright). Since so much of government work is performed by contractors these days, I&#039;m curious as to the license of such actors&#039; work... in any case...

As for the YouTube medium, I&#039;m sympathetic to the argument about proprietary formats, but the reality is 1) Obama is already using YouTube (and few other video sites (save Hulu?) would likely be able to support such bandwidth/hosting needs) 2) the Flash format is the most widely supported mechanism for delivering video content &lt;em&gt;today&lt;/em&gt;. Ideally this will change someday, but for now, we must deal with the web as it is, since it&#039;s being used in its &quot;imperfect&quot; state. Until we deal with the problem of rich-media delivery in non-proprietary formats, at least those who figure it out (or reshare someone else&#039;s YouTube content to their own account) should be able to do so given proper licensing.</description>
		<content:encoded><![CDATA[<p><a href="http://en.wikipedia.org/wiki/Work_of_the_United_States_Government" rel="nofollow">According to Wikipedia</a>, Stephen is mostly correct (the work is licensed under a &#8220;noncopyright&#8221;), except in the cases, as I mentioned, where other people&#8217;s copyrighted work is used or where the government has purchased copyrighted works (and therefore owns the copyright). Since so much of government work is performed by contractors these days, I&#8217;m curious as to the license of such actors&#8217; work&#8230; in any case&#8230;</p>
<p>As for the YouTube medium, I&#8217;m sympathetic to the argument about proprietary formats, but the reality is 1) Obama is already using YouTube (and few other video sites (save Hulu?) would likely be able to support such bandwidth/hosting needs) 2) the Flash format is the most widely supported mechanism for delivering video content <em>today</em>. Ideally this will change someday, but for now, we must deal with the web as it is, since it&#8217;s being used in its &#8220;imperfect&#8221; state. Until we deal with the problem of rich-media delivery in non-proprietary formats, at least those who figure it out (or reshare someone else&#8217;s YouTube content to their own account) should be able to do so given proper licensing.</p>
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		<title>By: Markus Sandy</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102966</link>
		<dc:creator>Markus Sandy</dc:creator>
		<pubDate>Tue, 25 Nov 2008 15:53:40 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102966</guid>
		<description>Here here!  I also think it&#039;s important that TV shows who use YT clips give proper attribution to the video creator.  In particular, I think CSPAN should be making an effort to display proper credit for the folks who&#039;s video&#039;s they are showing.

@stephen: I think you are basically correct, however I believe there are a few exceptions, such as postage stamps.</description>
		<content:encoded><![CDATA[<p>Here here!  I also think it&#8217;s important that TV shows who use YT clips give proper attribution to the video creator.  In particular, I think CSPAN should be making an effort to display proper credit for the folks who&#8217;s video&#8217;s they are showing.</p>
<p>@stephen: I think you are basically correct, however I believe there are a few exceptions, such as postage stamps.</p>
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		<title>By: Stephen Paul Weber</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102965</link>
		<dc:creator>Stephen Paul Weber</dc:creator>
		<pubDate>Tue, 25 Nov 2008 14:48:17 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102965</guid>
		<description>IANAL, but isn&#039;t the US government not legally allowed to hold copyrights?  (Hence why, for example, everything from NASA is in the Public Domain.)

Also, while I agree with you that YouTube should make licensing more obvious, you can certainly license YouTube items now by stating your license and providing a link in the description.

Also, YouTube is kind of a horrible platform for free content, since it requires flash and provides no good way to download content in any format (and especially not in a free format).</description>
		<content:encoded><![CDATA[<p>IANAL, but isn&#8217;t the US government not legally allowed to hold copyrights?  (Hence why, for example, everything from NASA is in the Public Domain.)</p>
<p>Also, while I agree with you that YouTube should make licensing more obvious, you can certainly license YouTube items now by stating your license and providing a link in the description.</p>
<p>Also, YouTube is kind of a horrible platform for free content, since it requires flash and provides no good way to download content in any format (and especially not in a free format).</p>
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		<title>By: jay dedman</title>
		<link>http://factoryjoe.com/blog/2008/11/24/why-youtube-should-support-creative-commons-now/comment-page-1/#comment-102964</link>
		<dc:creator>jay dedman</dc:creator>
		<pubDate>Tue, 25 Nov 2008 13:50:15 +0000</pubDate>
		<guid isPermaLink="false">http://factoryjoe.com/blog/?p=1046#comment-102964</guid>
		<description>great way to state the case.
I&#039;ve never felt the folks at Youtube were necessarily against CC. Hopefully, it&#039;s just a matter of a random meeting between the right people at the cafeteria to decide, &quot;hey, let&#039;s turn on CC today&quot;. Maybe this post will be the thing to initiate that conversation.</description>
		<content:encoded><![CDATA[<p>great way to state the case.<br />
I&#8217;ve never felt the folks at Youtube were necessarily against CC. Hopefully, it&#8217;s just a matter of a random meeting between the right people at the cafeteria to decide, &#8220;hey, let&#8217;s turn on CC today&#8221;. Maybe this post will be the thing to initiate that conversation.</p>
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