Pardon my French but just discovered 3 films made from my scripts on YouTube... that were all produced without my permission or knowledge ;-(

The first one (The L Equation) doesn't list me on the credits and has taken a romantic drama and made a shit comedy out of it... this was made by students at a University in Australia!

The next (also The L Equation), has at least tried to keep the tone but has cut so much out that it doesn't make a lot of sense. Oh and I'm not listed in the credits again.

The last one is a subtle drama about grief (A Furtive Response), well it was... and has been trashed in a badly colour corrected mess.

FFS!!!

ARRRGGGHHH!!!

So angry... does copyright mean nothing?

Rant over, now to figure out what to do about it!

Dreading looking at Vimeo ;-(

Sorry to hear that.  I've been the victim of this kind of crap before; a few times over.  How are you handling it?

With beer!

How did you happen to stumble across them?

I don't bother searching for my scripts anymore. It happens too often. The best you can do is firmly point out on the cover page that the script is copy righted and no one has permission to do anything with it without your permission. Sorry.  :-/

The thing I can't wrap my head around is: why don't these idiots change the script title when they steal it?

Wes, I was trying to see if I could use Youtube to upload a work video which was too big for email, figured i;d upload and share it that way... Couldn't remember if I had a channel setup so searched my name... 4 legit shorts that I knew were there and these 3 new ones.

Dressel - worse, in each case they list the fact that they are based on my scripts in the little intro blurb below the video, i'm suprised they can operate the camera!

Pia - you may be right... But the student one I'm definitely complaining to the college, what sort of film classes are they teaching that dont cover copyright!

Oh and I think I'll report all 3 to YouTube for sopyright infringemrnt too.

Anthony, the student thing, I think, is because there's some law or something that let schools use any material regardless of copyright if it's for teaching/learning purposes only. I think the biggest victim of this is Dogglebe. This happened to him all the time. I have no idea what the actual rules are on this, but it's certainly annoying for us writers.

I don't think there's any blanket fair use exception just because it's for educational purposes. That's one factor that favors the alleged infringer using that defense but there are other factors that side against them.

If it really pisses you off (and that's totally understandable), raising a stink will probably get them to take it down.

Of course, you do whatever you wanna do. And sorry that happened. Seems like this is going on a lot recently.  

Yeah unfortunately copyright infringement doesn't cover use for nonprofit educational purposes.  Damn fair use exception.

You might want to look at this . . .
http://www.copyright.gov/fls/fl100.html

Disclaimer -- I am not a practicing attorney nor have I taken the bar and nothing I say should ever be construed as legal advice.

There are four factors courts consider when applying the fair use doctrine. One factor is the purpose and character of the use. Nonprofit educational use tilts the scale for that one factor heavily in favor of the alleged infringer. There are still three other factors that can push things the other way. It is possible for a purely nonprofit educational use to fail the fair use test when courts consider all the factors together.

I do not have any knowledge of specific cases related to your situation. But I do know Universities prefer to avoid lawsuits. If you send a polite but firm email they might take it down. Same goes for any of the other individuals posting those videos. It's worth a shot.

That's fucked mate. I'm guessing they were shorts?

Want me to go bash those University of Australia punk ass bitches?

Yeah, typical bloody Aussies! Who do they think the are.

Seriously, commiserations, Anthony. Not even a writer credit. Very poor form.

Thanks for the support all.

I was unaware of students usage/fair use angle, I'm not totally convinced but will do some additional research.

I've certainly had conversations with loads of students, one made an art installation of The L Equation for his Masters dissertation and another bunch have used scripts in line producing classes etc... but all sought permission.

I think ethically, even if 'fair use' applies, shouldn't schools/universities teach students to seek permission, work with writers, credit people properly?

One of the students did reply to me overnight...

Hi Anthony,

I had to do use your script as a practice for screen class, nothing further. We don’t take ownership of your work in any form of way.
I don’t mean to infringe on your copyright. I am more than happy to take down the video.


I'll take her up on the offer of taking it down and push the other two to do the same.

Thanks all.

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!!! ;D  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.

Oh man - just saw this!  Anthony, that STINKS - I'm so sorry.  Yes, you should have those suckers taken down.  And they had the gall to not even put your name on them?

Pia - BTW- you're right... Phil's experienced a lot of issues with copyright infringement.

And our understanding of the law is that schools and students can't use a script either without permission.  In fact, Phil had all his cases taken down.  Two were students who stole his short "Until Death." And then a FILM TEACHER used one of his without an okay, as well.  Go figure...!  :(

I fear I'll find one of mine in that situation someday.  Though - who knows, since the title could be changed, etc...?

BTW - you can also write directly to Youtube, explain you never gave them permission and have it taken down.  That's what Phil did.

Thanks Mr Blonde/Dave/Janet

I did indeed initiate YouTube's copyright infringement proceedings yesterday on one of them, and they took it down within a couple of hours.

So that's two down and one to go, I'm hoping for a response on the last one from those involved as I have written to the tutor involved... but if I don't I will use the copyright reporting process again.

Anthony  

I don't even know if I'd be flattered or annoyed. Depending on the quality of production perhaps.
You have a right to be annoyed or angered though and congrats on pushing them to take it down. They should have asked. Most of them do.

Khammana - guess I might have had a different response if they were well produced ;-)

And your right, I've had dealings with other students who have asked, all without a problem, just these three.

Just out of curiosity, were the films any good?  I've had stuff produced without my consent as well. It's really the gamble you take posting stuff online. I know Don does his best to protect the intellectual property here. Even still, it happens. It sucks.

James

Just a thought. On the home page where the STS scripts are posted, the headline says, short scripts available for production. I know that further doe in red letters it says you need permission from the author and so on, but I'm wondering if the wording of the headline would lead some to believe that scripts posted there are free to use.

James - nope, they were awful, woeful and meh.

Pia - good suggestion, but you'd think, especially for students, that they'd be taught something more simple than copyright... Manners!

I think the weirdest form of copyright infringement I've come across on this site was when someone took one of my features and used it for this service they created where you could act out your dreams.

This was the "filmmaker package", and you could pay this company $10,000 and they'd treat you like a filmmaker for a full weekend.  You could shoot a scene, and then attend a red carpet premiere of your scene.  There were a lot more bells and whistles to it, and for whatever reason, they picked a scene from one of my features (as well as a few other people's) to use as the scenes you could select.  I took screenshots of it all (this was years back), but I can't seem to find them.

I found calling them up and yelling a lot REALLY worked.  And naturally, threatening to sue.  You better believe that site came down within minutes.

I also once had a filmmaker fight back, and I had to prove that the script was mine.  It's pretty damn maddening to have to prove to someone else that the script you wrote is yours.

I read something a while ago in one (or more) screenwriting books and it was along the lines of, "If you don't put your work out there because you are afraid someone will steal it, that screams that you are an amateur."

Yeah, so what if you do put yourself out there and it gets stolen? It doesn't say anything about that!

I'm sorry this has happened to you Anthony. I would try to take this as a compliment. Your stuff is good enough to steal, take pride in that! I just had a quick look and no-one has stolen my stuff so I feel a bit left out. Although it's difficult to know for sure as I share the same name as a famous cyclist. When I search on Youtube I get mainly cycle clips.

If a short movie project is for educational purposes and doesn't make a penny then it's difficult to make a case in court. The best you can do is request them to be taken down like you have.

Making scripts available in a public domain is risking theft of the creative idea. That's the bottom line. I know some people who only publish the first few pages to avoid this but to be honest, I think you will get less options and sales inquiries if you do this but it is an option.  

Matthew - That's definitely a weird one, and not one I think would fly on Dragons Den as an idea! I don't think I'd have an issue proving they're my scripts, as they admit they are and I've got them registered, but glad they are registered.

Mark - Agree, and my shorts are definitely out there, I think it's one of the reasons I option a fair few... and I don't think I'm going to change that, I'll just have to check Youtube, Vimeo etc on a quarterly basis. There's definitely a backhanded compliment in there, every cloud ;-)

Thanks all

Sorry to bump this this thread up after all these weeks but I was interested to read it and a thought occurred:

What about watermarking the scripts?

I know it wouldn't stop someone stealing them if that were their intention but those who do it unthinkingly might be discouraged by "Copyrighted" watermarked across every page.

And if someone did want to steal it, then they couldn't print or photocopy it - they'd have to retype the entire script, which might put them off.

Just a thought anyway, for what it's worth...

On mine they did acknowledge that I'd written it, they just never got permission... not sure if the watermark would work, but who knows.

Quoted from SimonM Sorry to bump this this thread up after all these weeks but I was interested to read it and a thought occurred: What about watermarking the scripts? I know it wouldn't stop someone stealing them if that were their intention but those who do it unthinkingly might be discouraged by "Copyrighted" watermarked across every page. And if someone did want to steal it, then they couldn't print or photocopy it - they'd have to retype the entire script, which might put them off. Just a thought anyway, for what it's worth...

I encourage folks to put on the title page the following:

"Copyright (c) 2016 This screenplay may not be used or reproduced without the express written permission of the author."

I may change that to:

"Copyright (c) 2016 This screenplay may not be used or reproduced for whatever reason including educational purposes without the express written permission of the author."

What I suspect is happening is that folks see that there isn't copyright on the script itself and assume it is in public domain.  That or they do see it and are dicks...   Or, assume that since it is for a class, believe that fair use comes into play not realizing that posting the work on YouTube puts it in a 'for profit' area.

I think they think it's fair use, which is a grey area in itself, but I totally agree that putting it out for public consumption on YT or Vimeo etc breaks even that tenuous link and effects a writer's ability to sell the script.

But to me, and this may be a Brit thing, but I was actually offended at the lack of manners too, who doesn't ask when using someone elses stuff???

Quoted from AnthonyCawood I think they think it's fair use, which is a grey area in itself, but I totally agree that putting it out for public consumption on YT or Vimeo etc breaks even that tenuous link and effects a writer's ability to sell the script. But to me, and this may be a Brit thing, but I was actually offended at the lack of manners too, who doesn't ask when using someone elses stuff???

It's a politeness thing, to. My Father is a noted historian.  Everything he uses, regardless for educational purposes only or not, he gets permission.

As part of the 'new' build for SS, I'm going to include in the terms of use something to the effect of, by use of this site, regardless of the purpose, use or redistribution of the works on this site are conditioned upon the written permission of the author.

iow, by using the site, you must abide by the rules which superceeds 'fair use'.  

Not sure if I legally have a leg to stand on, but it may convince one more person to contact the writer before using the work.  

Dunno.

Not sure if you have a leg to stand on either but I like the ideas!

Perhaps, an eye for an eye? Download all the movies that were created via your scripts (those without permission), and slice and dice in a video editor to create yourself a nice little show real from those movies. A showcase of your work but, remove any indication of outside production and re-post it. Those assholes who stole your scripts just got owned at their own expense. Of course, if their version is bad you might want to avoid that route. I don't know, just throwing out ideas.

Guerrilla style movie making?

Nice idea Canis but I wouldn't want ANY of the versions made from my scripts associated with em ;-(

Quoted from AnthonyCawood I think they think it's fair use, which is a grey area in itself, but I totally agree that putting it out for public consumption on YT or Vimeo etc breaks even that tenuous link and effects a writer's ability to sell the script. But to me, and this may be a Brit thing, but I was actually offended at the lack of manners too, who doesn't ask when using someone elses stuff???

I'm an academic librarian and you'd be surprised at how shaky the grasp of the concept of copyright is from the tutors, let alone the students. When it comes down to it, stealing is stealing, however you tart it up.