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Takedown, Shakedown: Paramount pulls T3 filming videos from YouTube

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Old 07-28-2010, 11:47 AM   #31
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Originally Posted by Macross7 View Post
Technically, they shouldn't be allowed to do that. Those are home videos, not video of the finished movie.
I'm not an expert on filming laws, but I'd imagine the areas Paramount is filming in are effectively their (temporary) private property. While it's not their final movie, it IS their sets, props, actors, dialogue, script, etc. etc.. I'd imagine they get some kind of rights concerning film privileges.

Security letting people pass does not make it legal, might I add.
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Old 07-28-2010, 11:51 AM   #32
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Old 07-28-2010, 02:01 PM   #33
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I'm not an expert on filming laws, but I'd imagine the areas Paramount is filming in are effectively their (temporary) private property. While it's not their final movie, it IS their sets, props, actors, dialogue, script, etc. etc.. I'd imagine they get some kind of rights concerning film privileges.
Without signs or people anouncing no filming, it's all legal, so long as they aren't selling the footage, since the scenes being filmed are of an actual movie set and the videographers do not have the permission of the studio, nor do they have release permits of any actors involved, nor the studio. News outlets get away with it because they are editorial agencies, and many times there is a compliance regulation anyway, where someone from the studio okays the footage to be aired.

YouTube taking it down is all their consent, as Dreamworks doesn't actually have any legality in this matter, but YouTube doesn't want to lose a paying customer, since Dreamworks does have an official channel on YouTube that they pay for.
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Old 07-28-2010, 03:58 PM   #34
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*Sigh.* Filming laws are so confusing.

I can take a photo of someone in a public place. I can do that.
But I can't publish it without their permission. Well, I can but I shouldn't.
Then the person in the photo if they see it can send me a cease and desist because I don't have their permission.
If something unlikely happened (that person lost their job or something unholy because of the photo I've used) where the subject can prove damages in court, then and only then could I be sued but it's a lengthy, expensive process that the plaintiff must be absolutely certain to win in order to retain lawyers and get the ball rolling. You can't just sue someone because it sounds like fun. It's expensive and very time consuming.

In this case, the owner of the intellectual property has their subjects in plain view. I think they don't have a case. This is an example of "the man" (Paramount) bullying the little guy (fans with cams) and I don't like it one bit.

I would encourage YouTube account holders with their videos in limbo to let YouTube know these videos were filmed in a public place and not subject to DCMA. It's unreasonable.

Can anyone post word for word what the DCMA notices were?

Any armchair lawyers out there who feel I'm wrong, feel free to correct me, these legal issues are complicated.
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Old 07-28-2010, 04:17 PM   #35
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I think it is too late for them to remove the videos. Most of us has seen them already.
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Old 07-29-2010, 03:16 AM   #36
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I'd have thought you might need a permit from the land owner to film in certain circumstances, I know if you cause a public nuiscence or interfere with the Traffic you would - you might get away with it though if you are not interfering with anyone else.

As for a Baseball game I'd have thought as you or Private property the could set whatever policy they like - Supermarkets don't like you filming in them for example.

If it's a public park having a sports game I don't think there's any way someone could stop you from filming.

People are likely to get ratty with a stranger filming their children though - I know it's very silly but in the UK you can't even film your kids school play without the written permission of everyone in it's parents.

I think Paramount might have a legitimate argument if someone wandered on set but if someone stuck a camera out of their own window I think they'd be looking a bit stupid to stop that.

I have heard of videos of excited queues before concerts being taken off Youtube so so pretty bizarre stuff gets banned.

I'D RECOMMEND ASKING YOUTUBE FOR A WRITTEN CONFIRMATION AS TO WHY THEY THINK THE VIDEOS ARE AGAINST POLICY ?

And if any Transfans are Lawyers to send counter proposals at them to unban them for the reasons that many were shot in public street from people own apartments or on public streets.

If Bay wants to drive Optimus Prime around on public roads how can Paramount complain if people film him ? (he's not on a closed set) or private property.
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Old 07-29-2010, 12:58 PM   #37
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Okay, I could understand Paramount's motivations if, say, they were shooting a scene on a closed sound stage out in Hollywood, and some spy jumped half a dozen fences, sneaked past security guards, and then videotaped the scene being shot, and then uploaded it to the web. But they're shooting smack dab in the middle of a major metropolitan city, and making practically no attempt to block off the area from prying eyes.

This is not unlike inviting a friend over to your house for a birthday party, taking a picture of that friend eating a slice of cake, uploading that photo to facebook, and then having the friend complain that you took their picture. Uhh, it's my house, that's my cake you're eating, and you didn't tell me to put my camera away when I was taking your picture. So, tough shit.

The really bothersome thing is how Youtube is so eager to cave to Paramount's demands, even though the videos break no law, and in fact removing the videos can be considered, by some, a breach of the first Amendment. This bit of news, coupled with Youtube's preventative Comic Con leak measures, shows that Youtube has really sold out.

Oh, and also, if Paramount is making all the fan-videos disappear, what about Chicago news coverage and officially released videos which show the exact same content?
They're owned by Viacom. So if Youtube doesn't remove the videos they get daddy Viacom to put a stick in youtubes tail pipe. And youtube doesn't do anything because their parent company Google doesn't want to get tangled up in legal shit.

Even though Viacom is the one coming pretty damn close to infringing on our 1st amendment rights
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Old 07-29-2010, 01:16 PM   #38
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Without signs or people anouncing no filming, it's all legal, so long as they aren't selling the footage, since the scenes being filmed are of an actual movie set and the videographers do not have the permission of the studio, nor do they have release permits of any actors involved, nor the studio. News outlets get away with it because they are editorial agencies, and many times there is a compliance regulation anyway, where someone from the studio okays the footage to be aired.

YouTube taking it down is all their consent, as Dreamworks doesn't actually have any legality in this matter, but YouTube doesn't want to lose a paying customer, since Dreamworks does have an official channel on YouTube that they pay for.
bingo.!!!!!

even if they rent the street it doesnt make it private you can view the entire thing from any non private location and that is completely legal. There have been debates about this because people dont like being photographed by strangers in public but it is all with in the rights unless its on private property and you have to trespass or violate measures taken to secure privacy.

just to give you a relative example taking photos of stars on location at any movie has never had a court case. Stars being filmed and photog'ed on the streets by paparazzi is completely legal as well.
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Old 07-29-2010, 01:25 PM   #39
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Paramount's not loosing any money here. Pretty silly, but they're crying their eyes out right now, and will go genocidal on things and videos like this.
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Old 08-02-2010, 11:47 AM   #40
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So for the first time since youtube changed over (and I am on a new account)
they offered me a profit sharing thing due to the popularity of one of my transformer videos - oddly enough it hasn't had all that many hits (6k now.. was 5k when they sent the invite)

I saw some wording on there that made me nervous - and in looking came across this thread...

This is what gets me

I got this from youtube
Quote:
Earn Money From Your Video
Apply for partnership to take advantage of your popular video: Bumblebee and The Army making their w...

Sign up now! Maybe later I am not interested
so you click the tutorial and you get the following
Quote:
YouTube Partnership Program: Tutorial

What types of videos are acceptable for revenue sharing

The basic guidelines are simple: for a video to be eligible, you must have worldwide distribution rights to everything in the video, and it must abide by our Terms of Service and Community Guidelines.

Here are some specific examples of things that would make a video ineligible:

Your video contains content that you didn't create or get permission from its creator to use, such as:
music
video images
photographs or artwork
live event
video game footage
any other copyrighted content
Your video shows people from whom you did not get permission
Your video has content that would be inappropriate for children. We limit the YouTube Partnership Program to videos that can be shown to all age groups.
We take our Terms of Service and Community Guidelines seriously, and so should you. Let us help you profit from your videos rather than take them off the site by making sure they conform to these guidelines.

If your video does not conform to these guidelines, it may be removed from the site.
Now technically I think filming from my office window should be legal.. right?
but - with all this takedown crap going on.. Can they really do that? I guess they have all the lawyers so they can do whatever they want.
I don't think I am going to do it - having a fun video up is worth more than the 5 to 10 bucks I might make in "profit sharing" in any case - what's your take on the wording there?

Just got a call from my wife this morning, she was an hour and a half late for work due to transformers filming - which meant she got in the garage after "early bird rates" which means parking went from 12$ to 30$ for the day - I imagine they aren't gonna help me out any... good thing they can just buy our city up by giving money to our corrupt ass mayor.. bah.

In any case her office is on the south side of 300 S Riverside - overlooking the old post office (non chicagoans may remember it as the bank in the new batman movie) - they are filming in there today and they closed off her side of the office - she works 10' from the windows and is not allowed to walk past the windows.. wth?!

in any case this is the video - take a look before it gets yanked.. maybe?

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