[Thanks Doug! While you were posting your above message, I was writing up my own.
]
Bob and others,
As you may have noticed, the YouTube video has been pulled because "Air California Adventure Inc." has claimed it holds a copyright on the video.
Now that could be a false claim since the video was
produced FOR the customer. That would mean that the Brad Geary's passenger (and/or parent/person-who-paid-for-the-trill-ride) owns the copyright to the video.
Also, as part of the Court Record, I would expect that the video becomes "public" - but I could be wrong on this point. The video may only have been used as a "bargaining chip" in the settlement talks. As such, it may never have been entered into the Court's records as "evidence".
But on another point, the USHPA has seen the video. That gave them the motivation for revoking Brad Geary's tandem rating. How is it that the u$hPa was allowed to view a "copyrighted" work most surely without the permission of Air California Adventure Inc.?
Now, a work that is "fixed in any tangible medium of expression," like a DVD, can be protected by law even if it is not actually "published." There is, however, an exception to this: a "work made for hire," which deals with a work created by one individual that was commissioned by another. The nature of freelance projects is exactly this, so let us explore this exception.
ExceptionThe "work made for hire" doctrine essentially states that although a work is created by one individual, the copyright to that work (i.e., the right to display and copy it), may be owned by another (i.e., your client). [from -
http://www.videomaker.com/article/15066 ... -copyright]
Are false copyright claims illegal?Falsely claiming copyright is a criminal offense, . . .
Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500. 17 USC § 506(c). [ from -
http://www.publicdomainsherpa.com/false ... laims.html ]
Also - and most important in this instance - there is a right to use copyrighted material for "Education Purposes". I would ask, has anyone here LEARNED something from viewing this video? If so please indicate by a Thumbs Up -
There's an organization that take notice of "false copyright claims". You can find their web site here - [
https://www.chillingeffects.org/notices/new ]
I'd suggest that at least a few people report Air California Adventure Inc.'s unjustified demand to YouTube.
.