Quoted from danbotha If they don't I'll threaten them with legal action. I won't actually go through with it and I have no idea of what my rights are, but they don't know that, do they? Sending a very strongly worded message now.

The problem with threatening to sue is that most of the people who make these shorts and put them on youtube are starving film students; they have nothing to take.

Write the filmmakers and politely tell them to take it down.  Then contact youtube tell them the that the film violates copyright law; they'll take it down to avoid a lawsuit of their own.


Phil

Hey Daniel,

I'm late to the party.
So, I get to play the Captain Hindsight card.


First off... Congrats on being worth stealing.
I know it stings big time. But there's a backhanded compliment there too.

I'm sure these kids aren't going to profit off this deal.
So, a simple credit on the film can remedy a lot of bad feelings.
And then REQUEST that the kids send you a DVD with the amended credits.

Take the slight with a smile.
You never know, these kids could hit it big some day!

Hope it works out for you.

Regards,
E.D.

Quoted from Electric Dreamer First off... Congrats on being worth stealing. I know it stings big time. But there's a backhanded compliment there too. E.D.

That's what hurts the most, having material that's not even worth stealing!

lol

Eoin

They have responded to my message. Turns out they were informed by their film instructor that it was fine! Do they not teach these things in school?!

Quoted from mcornetto YouTube won't take a film down.

YouTube took the film down based on the evidence I provided. I'm currently discussing the matter with the Producer and if he chooses to do so, I have given him permission to post the film up again so long as my name is mentioned in the credits.

Problem half solved. Thanks to everyone for their support, both on this thread and on the Youtube page, itself. Michael and Kevin Albers both left comments sticking up for me and that is appreciated.  To everyone else, thanks for the suggestions of how I can better handle this if it is to ever happen again.

Being the paranoid person I am, I have now chosen to search Youtube every two months or so for any stolen material.

I have also asked for the contact details of the film insturctor, so I can kindly remind them that these films aren't up for anyone to grabs. The writers at SS still reserve their rights... Most of us are open to students using our content free of charge anyway so long as we get a mention. Whether I contact the film instructor or not is still undecided.

Thanks again everyone for the support

Dan

Dan,

How did you find it?  Did they use the same title?

Jordan

Jordan I read through Zack's threads where the same thing has happened to him, so I searched YouTube with the same titles and got a match for 'Walk Away'.

Dan

Quoted from mcornetto YouTube won't take a film down.

They did when I reported that my copyrighted scripts was produced without my permission.  Hell, I had two of Screenrider's shorts taken down because SR used my sockpuppet photo without my permission.

Quoted from danbotha Turns out they were informed by their film instructor that it was fine! Do they not teach these things in school?!

Copyright law allows for the duplication of copyrighted work for educational purposes.  While your script can be filmed for a filmmaking class, posting it online (or entering it in a competition) falls outside the educational purposes basket.

All from my experience...


Phil

Your letter must have already scared the heck out of them.

How the States deals with things is confusing, but it's my understanding that while the exact words, characters, and narrative can be copyrighted, a concept cannot be, and that with most forms of art (i know for a fact with images, but am only 50/50 on script legality), that if 15% or more of the fundamental work is changed or adapted in some way different, they are/may be within their rights. How exact was it to the original, then? Sounds like it might be fully stolen... the key is their intent.

The letter was good. Alex's advice was good, as is Hawkeye's... right on the money. The kid's response only so so... the professor out of bounds just slightly as Phil said. In fact, anything posted on youtube or facebook belongs to those sites, including student work. By doing so, it is not technically even their own if even they were allowed to use it. It's one thing to make your own versions of storyboards to Batman (for example) or something in your own interpretation as part of an assignment. Something in your own hand is your own, period, when drawn, because each hand is unique even when working on the same picture.

It may be similar holding a camera and shooting your own version of a famous scene... we did a Dick Tracy gimmick for lighting, for example, a brief cut of a crazy old classic... but I've never heard of a professor giving an assignment to take an unproduced script and use it. It's bad form, and non-creative to say the least. They'll learn nothing. Glad they responded, but the standing dilemma is valid. Youtube posting is out of bounds for an unproduced written work to be made-to-screen without permission, because they took your's and gave it to that site. Had they asked permission... been smart... well, most people would be happy to help some students - granted, with the proper credit.

I hope they learn this from your contact, or get out if they don't. Glad youtube did the legwork.
For these kids, dumb idea either way.

Youtube owned it while up. If they are at a level to have a professor, they could/should pay the small fee to post on something like Indigogo. A professional or future professional should just know to, if informed, and maybe they would if it were original? But it's not. They could never claim this, there. If they tried that with this one, THEN they would have been claiming a more serious creative ownership, and then you would have had definite legal recourse to shoot for credit or compensation.

As it is, they probably put it on youtube to show off to their friends, or be cheap.

If not, and they think this will give them cred or a shot at anything, they probably have the combined IQ of a jar of mayonnaise.

Note on those technical details:

The 15% precedent has been set in cases ranging from the Vanilla Ice bass line vs Bowie's "Under Pressure," to Shepard Fairey's "Obama-Hope" image... I don't know how it applies here. I think it might, though, in some form.

The ownership of all work posted rule on youtube, facebook, and other social sites, is in their terms and conditions at sign-up (note to all). A smart designer or artist, for example, uses a site like DeviantArt that respects personal copyrights, and even posts watermarks on the artist's behalf if opted for. I put my student drawings on facebook, for example, but anything else in my portfolio from personal to freelance design cannot be, and goes to a professional site. Also, those are all mine to choose with. Original and/or in-bounds. There are sites like this for film students under the same rules. Their professor should be taken out into the woods...

A film student more than any other type has a special responsibility all throughout their careers, as even their student work may some day be scrutinized, to define them, and their integrity and word will mean everything. Their portfolio and demo-reels as a whole will mean everything.

Terrible move. They should know better. Just.... not a smart move by these guys.



For my own scripts so far, this is the one benefit of my having focused way over-budget with every idea.
If they can make a half-mile high demon king, they can have it.  

Quoted from WillJonassen The letter was good. Alex's advice was good, as is Hawkeye's... right on the money. The kid's response only so so... the professor out of bounds just slightly as Phil said. In fact, anything posted on youtube or facebook belongs to those sites, including student work. By doing so, it is not technically even their own if even they were allowed to use it. It's one thing to make your own versions of storyboards to Batman (for example) or something in your own interpretation as part of an assignment. Something in your own hand is your own, period, when drawn, because each hand is unique even when working on the same picture.

The second time this had happened to me, it was by a high school film teacher.  He sent me an e-mail saying it was a class project and that it was on youtube.  I sent an e-mail to Youtube, the dean of the school as well as the teacher saying it was copyrighted work and that I was negotiating a deal with a filmmaker out in California; this copy was jeopardizing it.  I received a bunch of apologies and the video was down within the hour.


Phil

Hey Dan

Congrats on your script being worthy enough to be stole   You're obviously a good writer.

But as you state, credit where credit is due and it's kinda messed up that a film instructor would tell his students that it's ok to steal.

I'm glad you're getting it sorted out, it's your own work after all and good job on the SS guys for helping.

Mark

p.s. now if I can only get someone to steal my crap

Quoted from dogglebe The second time this had happened to me, it was by a high school film teacher. Phil

Interesting!  As crummy as my school can be, they have been dead-on clear about copyright stuff... probably, because they have enough legal issues of other sorts, all ready.

But in your case... I guess they kinda had to go bock, post-sock.     >.<

http://www.youtube.com/watch?v=bqkSqReKxGU&list=UUNc-WY5-RjcF9blTNWzFuEg&index=1

Problem solved. Good to see my name in a film

Hey Dan,

Partly solved !!!!! It is still ambiguous !!!!!!!

After "Written By Daniel Botha" a couple of other names appear. It makes it look like it was written by the three of you !!!!!

Just the way it felt to me !!!!!

Alex