Copyright Rules And Policies

The first rule of copyright

Creators should only upload videos that they have made or that they’re authorized to use. That means they should not upload videos they didn’t make, or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

Copyright Exceptions

Copyright exceptions are laws that allow you to reuse someone else’s copyright-protected material without getting their permission, but only under certain circumstances.

In the US, the most widely known copyright exception is fair use. When deciding whether a use is fair, courts look at four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work. Some activities that may qualify as fair use include criticism, commentary, and news reporting. Fair use aims to promote freedom of expression.

In some civil law countries, including many in the EU, more limited exceptions are recognized where the reuse must fall within specific categories, instead of having factors that are weighed. The categories set out in Article 17 of the EU Digital Single Market copyright directive are quotation, criticism, review, caricature, parody, and pastiche. These words have their usual meaning in everyday language, but are also enacted into law by each member state and interpreted by both national courts and the Court of Justice of the European Union (CJEU). It is also important to consider the context of the use, and the purpose of such copyright exceptions, one of which is to balance creators’ freedom of expression, and rightsholders’ copyright.

In some countries, such as Canada, the UK, and Australia, a hybrid concept of fair dealing exists. Courts weigh factors similar to those in fair use, but reuses must fall within specific categories. These categories include quotation (general quotation, and quotation for the purposes of criticism, review, or news reporting), caricature, parody, and pastiche.

Most countries in the world have signed an international treaty known as the Berne Convention, which allows reuses in specific categories, including for quotation, and news reporting.

While there are some similarities regarding copyright exceptions across the globe, there are still considerable differences between the laws of each country. There’s no one-size-fits-all answer as to whether a reuse falls within copyright exceptions, and the courts decide the applicability of such exceptions on a case-by-case basis.

At Uplicast, our mission is to give everyone a voice and show them the world. Copyright exceptions play a key role in furthering this mission by supporting the free flow of ideas and creativity. Therefore, we ask rightsholders to consider the applicability of copyright exceptions before they submit copyright removal requests. We believe this would strike a balance between respecting the copyright of rightsholders, and creators’ freedom of expression that may be protected by copyright exceptions.

In addition, we build products that empower creators to access, create, and share transformational content like never before. We’ve created a Resouce Library for you to discover free high-quality music and sound effects that you can reuse safely. Now, with Uplicast Embed, you can publish public videos from third-party public platforms with just a link, provided you have permission to do so. We’re also continuing to build and expand the Creator Center, which educates creators in the Uplicast community on how to safely create content without infringing the rights of copyright holders.

How can rights holders make copyright claims?

The simplest way to have unauthorized copies of copyrighted content removed is by manually submitting a copyright notification through our DMCA (Digital Millennium Copyright Act) webform. This tool is best for most users – it is open to everyone, and available in every language.