Rumble, YouTube and Copyrights
I recently posted a video sharing my discovery of Rumble’s new automatic sync feature that automatically copies your YouTube videos to Rumble. This was a huge improvement from having to manually upload copies on Rumble and fill out descriptions, usage, rights, etc.
Some of the viewers of that video left me questions/comments worried about losing ownership to their videos and whether it would affect monetization on YouTube? I answered as well as I could. Some of the questions seemed to display a misunderstanding of rights and ownership of their videos. I thought it would be helpful to create a follow up video going over this.
Before I get started, I am not a lawyer or a law expert nor do I claim to be. So this is not legal advice. These are my opinions of the legal documents posted by YouTube and Rumble so take that for what you will. But I do have a little experience on the topic. For 30 years, I was an Advertising writer and creative director so I was made well aware of the pitfalls of copyright infringement and skin in the game because I’m a content creator like many of you.
As I mentioned, I worked in Ad Agencies for most of my adult life. I made commercials, magazine ads, billboards, websites and apps for brands like American Express, Volkswagen, Amtrak and others. †
Unlike most of you small content creators, big Ad Agencies and brands can’t just put whatever we want in an Ad. We can’t download any song and put it in a video commercial. We can’t use photos of celebrities or movies or shows we find on a Google search and slap a logo or a product next to it. Not without contacting the owners of that image or intellectual property without negotiating the use of their creation and paying them a license to use it.
That’s rights ownership. And that’s what you control with a Copyright. And I think I need to explain what a copyright is. It’s a compound word. It’s granting the right to make a copy of what you own.
What is a Copyright?
This definition comes from the Federal Govt.’s www.copyright.gov it’s actually handled by the Library of Congress interestingly enough.
“Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.”
That includes books, articles, songs, movies, and there are many more things. And there are things you can not copyright such as book titles, Ad slogans, words but I won’t get into that because that’s a whole nother video itself.
What we’re concerned with today is digital streaming content. Videos you post on YouTube and Rumble. So as far as national laws are concerned, as soon as you create your video and post it on YouTube, Rumble, your website or just the cloud. You own an automatic copyright to that video that’s your Intellectual Property. Nobody has a right to stream, play, or copy that video without your consent.
This is with a caveat that the video you created was original. It wasn’t copying content from somebody else who owns their own copyright to it, unless you got their express written consent. That’s why you will get dinged with a Copyright claim on your video if you used a popular song and made a lip sync or reaction video, you don’t have a right to use it unless you actually got a copyright from the originator of that work.
There’s a whole subcategory in Copyright law of allowed use of some content known as the “Fair Use” doctrine. I won’t get into that now because that’s a long deep rabbit hole. But if you’d be interested in having me discuss that, leave me a comment and if there’s enough interest, I’ll do a video on that.
But lets get back to the bottom line here. When you create a video that is original or at least original enough that somebody else can’t claim you stole their shit to make it, then you own an automatic Copyright. That’s Intellectual Property. And like real property, you own it until you sell it to somebody else like Lucas sold Star Wars to Disney.
TERMS OF SERVICE
When you created your YouTube or Rumble account you had to Opt in and agree to their Terms of Service or User Agreement. Too many of us didn’t bother reading it (TLDR) we just clicked through.
Let’s take a quick look at a key section of YouTube’s Terms fo Service
Rights you Grant
You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to YouTube and other users of the Service, as described below.
License to YouTube
By providing Content to the Service, you grant to YouTube a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
There’s a lot more so you really should read it again. https://www.youtube.com/static?template=terms
What this essentially means is that by creating an account on YouTube and uploading a video to their platform/service, you agree to give them a “license” to your content “royalty free” (you don’t charge them to use it). That allows them to stream your video on their platform to the world and play ads in front of it. And if you’re monetized, allows them to interrupt your video with Ads. YouTube agrees to share a small percentage of that Ad revenue earned for that video.
If you’re watching this video on YouTube, it’s on my channel Moondog R&D which hasn’t yet reached the 1000 subscriber and 4000 watch-hour requirement for monetization so please hit the subscribe button now and help me get there. And share this video to other content creators who could use the info and I get more watch time.
Now on Rumble you actually get to specify what kind of license you grant Rumble, they have 4 different options. I plan to do another video getting into all 4 options but
the short answer is choose Option 3 because it’s essentially the same agreement you have on YouTube.
Rumble gets to play your videos on Rumble. YouTube gets to play your videos on YouTube.
I’m going to make some gross oversimplification for the sake of time.
• You own the copyright to your original creative work.
- You grant YouTube a license for your work when you post it on YouTube.
- By Syncing your YouTube videos on Rumble, you are granting Rumble a license to copy your work to their platform.
- You retain copyrights/ownership to your work
- You can cancel at any time (for now).
- Read your Terms of Service agreement. Do it now.
Rumble and YouTube syncing and licensing. What is “licensing”? We need to take a step back and explain what you’re licensing: your copyright.
2. What is a Copyright?
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!
NOT A COPYRIGHT
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; and mere listings of ingredients or contents
2a. When does a copyright start?
2b. Authorship vs. Work for Hire
3. FAIR USE
It is a legal doctrine not a law. Types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—
3a. Reaction Videos?
YouTube and Rumble are social media platforms that you granted a license (a Copyright) to stream and make a profit from your creative work (your video). Look up and read the Terms of Service that you agreed to when you signed up for YouTube and uploaded a video.
TERMS OF SERVICE.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to YouTube and other users of the Service, as described below.
License to YouTube
By providing Content to the Service, you grant to YouTube a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and YouTube’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Right to Monetize
You grant to YouTube the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting November 18, 2020, any payments you may be entitled to receive from YouTube under any other agreement between you and YouTube (including for example payments under the YouTube Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, Google will withhold taxes from such payments.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By YouTube
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to YouTube, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, YouTube or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
I hope this video was helpful. The key takeaways you should have are that both YouTube and Rumble don’t own your content, you do. But by using either platform you grant them the right to use your work; their right to copy and show your work, a copyright. But the most important thing from all this is, read the fine print before you opt-in.