Youtube and copyright rules of Finland

Where to buy? Where can I find? How do I? Getting started.
Post Reply
mk4224
Posts: 22
Joined: Thu Aug 20, 2015 11:35 am

Youtube and copyright rules of Finland

Post by mk4224 » Fri Dec 03, 2021 11:04 pm

Hi,

I am looking for information related to Youtube videos and copyright in Finland. Is it legal to surf Instagram posts of top celebrities of the US, Uk and India in a Youtube video and have some discussion on those in the video? Youtube videos are supposed to be monetized too.

Any advice?



Youtube and copyright rules of Finland

Sponsor:

Finland Forum Ad-O-Matic
 

FinnGuyHelsinki
Posts: 1268
Joined: Sun Nov 08, 2009 8:52 pm

Re: Youtube and copyright rules of Finland

Post by FinnGuyHelsinki » Sat Dec 04, 2021 5:58 pm

mk4224 wrote:
Fri Dec 03, 2021 11:04 pm
Hi,

I am looking for information related to Youtube videos and copyright in Finland. Is it legal to surf Instagram posts of top celebrities of the US, Uk and India in a Youtube video and have some discussion on those in the video? Youtube videos are supposed to be monetized too.

Any advice?
I don't know if Finnish copyright law as such has much relevance here. If you post something on YouTube and the copyright holder makes a claim for copyright infringement, YouTube will probably take the video down, and it's unlikely that you would get it back up again by referring to Finnish copyright law (even if it would allow it).

TSharp
Posts: 4
Joined: Thu Dec 07, 2017 10:46 pm

Re: Youtube and copyright rules of Finland

Post by TSharp » Tue Dec 07, 2021 1:06 am

Youtube only registers copyright strikes if someone files a complaint. If someone DOES file a complaint, you can argue with Youtube, but it's very difficult to get them to actually listen, even when you're within your legal right.

You shouldn't worry about actual Finish copyright law, but rather the likelihood that one of these celebrities or their legal team will see the video and want it taken down. I don't think a bot is going to detect something like that.

All-in-all, it seems unlikely your video will be taken down or demonetized, as I don't think instagram posts are copyrighted, and are rather supposed to be shared around. I'd say go for it, and delete the video in the unlikely event that it gets demonotized.

FinlandGirl
Posts: 927
Joined: Sat Nov 09, 2019 10:43 am

Re: Youtube and copyright rules of Finland

Post by FinlandGirl » Tue Dec 07, 2021 4:38 am

TSharp wrote:
Tue Dec 07, 2021 1:06 am
as I don't think instagram posts are copyrighted, and are rather supposed to be shared around.
This is wrong.

Instagram posts are automatically copyrighted by the creator, like any work.
By posting contents on Instagram, the poster automatically grants Instagram a non-exclusive licence to the work.
Sharing Instagram contents without permission of the copyright owner or Instagram is usually a copyright violation.

NukkuMatti
Posts: 220
Joined: Fri Nov 20, 2015 9:51 pm

Re: Youtube and copyright rules of Finland

Post by NukkuMatti » Sun Dec 19, 2021 4:35 pm

FinlandGirl wrote:
Tue Dec 07, 2021 4:38 am
TSharp wrote:
Tue Dec 07, 2021 1:06 am
as I don't think instagram posts are copyrighted, and are rather supposed to be shared around.
This is wrong.

Instagram posts are automatically copyrighted by the creator, like any work.
By posting contents on Instagram, the poster automatically grants Instagram a non-exclusive license to the work.
Sharing Instagram contents without permission of the copyright owner or Instagram is usually a copyright violation.
As the OP mentioned, he makes a derivative work of the mentioned Instagram posts by commenting on them, if only part or a lower quality (pixels) picture of the post is used in the bigger work / Video for YouTube, it definitely will classify as fair use and therefore be allowed ....at first...

Until the original owner of the material files a complaint, in which case the OP needs to file a counter claim, claiming it is fair use. The owner of the material is than obliged to start a additional legal procedure in what he requests the take down of his specific part of the the material and claims his copyright. During this (waiting on the) legal procedure it is possible to have the material reinstated by YouTube. Although a long and sometimes difficult process.

What can help, is uploading a new version with the material blurred in such event to leave the rest of the material undisputed.
Downside is that every take-down will count against ones account if successful, so better be sure the used images are either cropped or changed in color or partially blurred or partially visible etc.

The automatic take down system will in any case not work because that rarely works with still images, especially if edited or altered, this automated take down system with content id, mainly works with video and sound material.

Basically as OP described, this video would be a kind of mesh setup with additional comment and therefore copyright-able by itself, a new work is created and is therefore monetize-able as well.

FinlandGirl
Posts: 927
Joined: Sat Nov 09, 2019 10:43 am

Re: Youtube and copyright rules of Finland

Post by FinlandGirl » Mon Dec 20, 2021 9:10 am

NukkuMatti wrote:
Sun Dec 19, 2021 4:35 pm
Until the original owner of the material files a complaint, in which case the OP needs to file a counter claim, claiming it is fair use. The owner of the material is than obliged to start a additional legal procedure in what he requests the take down of his specific part of the the material and claims his copyright. During this (waiting on the) legal procedure it is possible to have the material reinstated by YouTube. Although a long and sometimes difficult process.
Similar to filesharing, the best way for the copyright owner is to sue for compensation including compensation for hefty lawyer fees.
The trial might be in Austria or Greece or some other EU country based on local law.

NukkuMatti
Posts: 220
Joined: Fri Nov 20, 2015 9:51 pm

Re: Youtube and copyright rules of Finland

Post by NukkuMatti » Mon Dec 20, 2021 11:38 pm

FinlandGirl wrote:
Mon Dec 20, 2021 9:10 am
Similar to filesharing, the best way for the copyright owner is to sue for compensation including compensation for hefty lawyer fees.
The trial might be in Austria or Greece or some other EU country based on local law.
You are fearmongering...

This case is not even close to file sharing and therefore same laws regarding unauthorized sharing of original works are not applicable. (no republishing of existing work).

This is about using existing material, changing it and creating a new work from the existing material, much like Dj's, mesh artists and musicians do.
The only difference is that here still images with or without text are being used and commented upon in a video, therefore a whole new product is created and this use will definitely fall under fair use policy or not even that, in the sense that no copyright claim can be made because the work is so different and the original work is only a small part of the whole work and showing the images is not the main purpose of the work. Much similar to parody, news outlets, journalist work, research etc.
This has absolutely nothing to do with file sharing.

In the end, EU copyright law will be applicable regardless of local law, which was just updated (with among it the much hated, then called article 13).
In any case Finnish law will be prevalent until you go to the EU court.

A small example about copyright issues in Finland: In Finland you can stream copyrighted music if the music is not the main purpose of the stream and it is not commercial, then you do not need to pay any royalties for it either, for example stream a funeral where music is played from well known artists, TTVK has a deal with Youtube that this is allowed. (Have done this myself and because I am an immigrant, I wanted to be sure and asked TTVK about it, they explained it as such). They did say that a possible later replay of the stream, might cause a take down request from Youtube, although they were not sure about it themselves (TTVK is the organization that handles copyright issues in Finland... https://ttvk.fi/ )

FinlandGirl
Posts: 927
Joined: Sat Nov 09, 2019 10:43 am

Re: Youtube and copyright rules of Finland

Post by FinlandGirl » Tue Dec 21, 2021 6:36 am

NukkuMatti wrote:
Mon Dec 20, 2021 11:38 pm
FinlandGirl wrote:
Mon Dec 20, 2021 9:10 am
Similar to filesharing, the best way for the copyright owner is to sue for compensation including compensation for hefty lawyer fees.
The trial might be in Austria or Greece or some other EU country based on local law.
You are fearmongering...

This case is not even close to file sharing and therefore same laws regarding unauthorized sharing of original works are not applicable. (no republishing of existing work).

This is about using existing material, changing it and creating a new work from the existing material, much like Dj's, mesh artists and musicians do.
Adding additional copyright holders does not remove the rights of existing copyright holders.

Artists have to ask for permission when they creating a derivative work, and the copyright holders of the original works receive royalties if permission is granted.

Regarding the OP, it is advisable to discuss this with a lawyer specialised in copyright law - asking a lawyer before doing something is a lot cheaper than needing a lawyer after being sued.

NukkuMatti
Posts: 220
Joined: Fri Nov 20, 2015 9:51 pm

Re: Youtube and copyright rules of Finland

Post by NukkuMatti » Tue Jan 25, 2022 10:26 am

FinlandGirl wrote:
Tue Dec 21, 2021 6:36 am
NukkuMatti wrote:
Mon Dec 20, 2021 11:38 pm
FinlandGirl wrote:
Mon Dec 20, 2021 9:10 am
Similar to filesharing, the best way for the copyright owner is to sue for compensation including compensation for hefty lawyer fees.
The trial might be in Austria or Greece or some other EU country based on local law.
You are fearmongering...

This case is not even close to file sharing and therefore same laws regarding unauthorized sharing of original works are not applicable. (no republishing of existing work).

This is about using existing material, changing it and creating a new work from the existing material, much like Dj's, mesh artists and musicians do.
Adding additional copyright holders does not remove the rights of existing copyright holders.

Artists have to ask for permission when they creating a derivative work, and the copyright holders of the original works receive royalties if permission is granted.

Regarding the OP, it is advisable to discuss this with a lawyer specialised in copyright law - asking a lawyer before doing something is a lot cheaper than needing a lawyer after being sued.
You are wrong: it is fair use!
It is not creating a derivative work, it is similar to creating a satire or writing a news article about a movie, therefore : Fair use!.

FinlandGirl
Posts: 927
Joined: Sat Nov 09, 2019 10:43 am

Re: Youtube and copyright rules of Finland

Post by FinlandGirl » Tue Jan 25, 2022 1:35 pm

NukkuMatti wrote:
Tue Jan 25, 2022 10:26 am
FinlandGirl wrote:
Tue Dec 21, 2021 6:36 am
Regarding the OP, it is advisable to discuss this with a lawyer specialised in copyright law - asking a lawyer before doing something is a lot cheaper than needing a lawyer after being sued.
You are wrong: it is fair use!
It is not creating a derivative work, it is similar to creating a satire or writing a news article about a movie, therefore : Fair use!.
You should learn the basics of copyright law.

Fair use is a concept in US copyright law.
Finnish copyright law does not know fair use.

Finnish copyright law does know citations.
For details you have to discuss with a lawyer, like how many words are permitted in a citation.


Post Reply