They may be able to use it within their college or university... but they shouldn't be able to put it on a public domain. They sharing it with YouTube is a breach of copyright... IMO. I'm not an expert. Just sounds right. I often do that.

Anthony, glad to hear you got someone to take one down.

And not to keep harping on this, but I am positive there is no automatic fair use exception just because it's for student/educational purposes. I would cite actual case law but I don't have access to Westlaw (a database of cases) anymore.

This is from youtube's website:

Myth #3: “Entertainment” or “non-profit” uses are automatically fair use.

Courts will look carefully at the purpose of your use in evaluating whether it is fair, but the three remaining factors also need to be considered. Declaring your upload to be “for entertainment purposes only,” for example, is unlikely to tip the scales in the fair use balancing test. Similarly, “non-profit” uses are favored in the fair use analysis, but it’s not an automatic defense by itself.

https://www.youtube.com/yt/copyright/fair-use.html#yt-copyright-myths

Here is a excerpt from a Columbia University School of Law article (pg. 16):

The preamble to section 107 offers a list of purposes which will weigh in favor of fair use, including “criticism, comment, news reporting, teaching, (including multiple copies for classroom use), scholarship, [and] research." However, these purposes are not automatically deemed fair use; all of the factors must be considered.    

https://www.screenrights.org/sites/default/files/uploads/Kernochan_Center_Report_4.29.13_final.pdf

Thanks Mark

My experience and knowledge of fair use is a lot more limited than yours but I agree it's not clear and I'm not convinced 'oh it's just for school' is a good defence if they then make it public on Youtube (or elsewhere).

One thing it certainly might impact is my ability to sell the script in future, who'd want to buy a script if there's already a version uploaded to the internet? Makes a mockery of me offering someone exclusive rights if people can just wander round making films without recourse to the writer ;-(

Still waiting back from the other two, but if I've not heard from them in a day or two then I will report them to YouTube for copyright infringement... That might be a good test

Thanks for the links and thoughts, really helpful.

Anthony

Sucks that it happened. Could you see if their youtube videos are monetized? Then maybe you can have grounds to file a copyright infringement or at least scare them with that thought. Cause if they are making money out of ads then it's not exactly "fair use" not matter the sum.

I have to say, I'm curious to see what they look like

Not sure re monetising, i'll check...

There's two films still up, if you search for Anthony Cawood on Youtube you should get a list of my stuff that's up there... The L Equation and Furtive Response are the two up without permission...

Anthony

Quoted from AnthonyCawood There's two films still up, if you search for Anthony Cawood on Youtube you should get a list of my stuff that's up there... The L Equation and Furtive Response are the two up without permission...

I just saw them and understand why you're "fuxxxing annoyed". The acting in "The L Equation Final Cut" by the guy with the glasses was exceptional.

That's precisely the reason I don't say yes to just anybody these days. If no previous experience then I usually put a sum on the script I know they won't pay and I never hear from them again.

Beautiful daughter, Dustin!  

Anthony, I believe what Phil used to do was give the professors hell first, then get with youtube and demand they take the films down. He usually won.

I had a student make Two Psychos as a school project. I gave her permission, but told her it could not go outside of her school because I had already sold the script. She complied and put it on google drive. She told me I could share with my friends, but the security settings won't let me share!!!   Oh well, she did a good job.

Wow

Just tried the search on my name and found one of mine up there. Nothing to write home about but I was taken aback!

Hey ho

Demento - not sure I'd call it acting!

Dustin - agree, but didn't get the chance to turn em down this time.

Pia - One has already been removed. The Aus one has the tutor listed on the film's credits (but not me!) and I have contacted her to complain, no response yet. The third I'm not sure if it was student or not.
And I've let a few students have a go at my scripts on similar terms to you Pia, i.e. don't put them up online, no issue with that as they asked and respected my wishes.

Bill - I might have thought hey ho if there hadn't been the shock of three of them

Cheers all


  

I found one of mine up there too and I was credited but I left it because I can rename the script. If exclusive rights are sought then I can always ask for the short to be taken down. In all likelihood though (not that I'm an expert), nobody will give a flying eff about shorts anyway.

Features and there's a definite problem. Shorts... not so much, I think.

Quoted from Grandma Bear Beautiful daughter, Dustin!

Thank you Pia. She's the light of our lives. There's something special about little girls.

You could always look into their channels more and see if they're monetized. If they are, Fair Use is no longer in play...

Quoted from DustinBowcot Features and there's a definite problem. Shorts... not so much, I think.

I wrote an anthology comprised out of four short that are tied together but could stand on their own.

I tried to query. Didn't get anyone to bite. I only got like 2 reads... maybe (I don't remember). So I moved on. I thought about chopping it up and posting the shorts on their own here. But then I might have something like this happen and it could ruin the potential feature as the shorts are tied in and they might be out there.

So, you have to be careful. In the end it's a matter of principle.

That's a shame Anthony. Sorry to hear it.