1. Firstly
Today starting with ｢niconico｣ there are numerous websites that users can upload video for many people to view.
When uploading videos to these websites there are rules that are set in place that users must follow. By following the set rules it eliminates most problems for users.
When a video is uploaded that does not follow rules, it creates a opportunity to violate privacy rights.
When this violation occurs, the person that was violated could become victimized, and the owner/upload of the video will take responsibility.
By being aware and following the rules, users must check their uploading video is not violating any rights or policy.
There are many policies and rights that are in place, by being aware it will be easier to use various video uploading websites without violations.
This guideline is created for users without professional backgrounds on copyrights to be able to use ｢niconico｣without violation. Users can find basic information here. Please be aware that there may be sections explained without using proper law terms.
2. Violation of copyrights
Copyrights are in place to protect a person's ideas, and emotions that was expressed in a form of work. This is called ｢copyrighted work｣. Individuals with copyrighted work can control how their work is used and protected by law. There are many forms of work (such as video, music, art, pictures, short stories etc.)
When you upload a video to a website there are always issues with copyrights. Please be aware of content that has internet uploading rights. Violations of these kind of rights could be punished by law, and or result in fines.
When uploading video to a website, make sure that you have checked the content to see if any rights were violated. Images or content produced by TV stations or purchased DVD's, purchased music and music videos, as well as video, art images that are on online have copyrights. It does not matter if it was created by an amateur or professional. For instance if you went to karaoke and recorded yourself singing the song, and created a video, as a general rule you will need to obtain permission to upload the video.
There are many policies and rights that are in place, and is strongly encouraged not to violate any rights. It is very important to check the video content for any rights violations and use the video uploading websites responsibly.
Checklist when uploading videos
- Is your video an original creation?
- Did you get the necessary consent from the copyright holder for the copyrighted material that you are uploading?
3. Rights of publicity violations
Rights of publicity are for individuals photographed or filmed and do not want images of themself or video posted or uploaded.
Uploading video with footage containing individuals without permission even as a background is a violation of rights of publicity.
There are many ways rights of publicity can be violated. It could potentially affect many of people. Please be cautious before uploading video to a website.
Checklist when uploading videos
- Did you receive permission to film the person in your video?
- Did you receive permission to upload the video of the person you filmed?
4. User privacy violations
Along with image rights, there are private information (personal information such as address, full name, lifestyle, etc.) that cannot be posted without permission. Also there cannot be video including content that could be harmful.
To upload content including someone's private information without permission violates privacy rights.
There are many ways privacy rights can be violated.
It could potentially affect many people. Please be very aware of privacy rights before uploading video to a website.
Checklist when uploading videos
- Does your video include other people’s private information?
- Does the video contain content that could allow viewers to obtain an individual's personal information?
- Does the video contain content that reveals personal information without that person's consent?
- Does the video include personally disparaging content?
5. Publicity rights violations
Publicity rights are controlled by celebrities, athletes, and anyone that has copyright on names or materials.
Publicity rights are maintained by offices of the celebrity or athlete, and monitors unapproved usage of name and or materials. For instance,
if a company was to use a picture of a celebrity that they took, they will still need to go through the office of that celebrity and obtain proper permission. Without permission it will be a violation of the publicity rights.
Along with publicity rights there are privacy rights to be aware of. Spreading rumors or anything that will harm reputation will not be tolerated. Please be very aware of policies when uploading video to a website.
Checklist when uploading videos
- Has the name of the celebrity being shown (or the celebrity's group) been noted?
- Have you received authorization to film this video from the celebrity, the celebrity's agency, or other management administration?
- Have you received authorization to upload this video on the internet from the celebrity, the celebrity's agency, or other management administration?
6. Examples of violations
The above states the major policies that has to be followed when uploading video to a website. Please be aware of policy, copyright and privacy violations.
There may be more then one policy depending on the video. Please be aware for those circumstances you will have to obtain permission from multiple places and or people.
To be able to use video uploading websites properly, please follow the rules so that there are no violations on videos.
- • Uploaded video using footage from software (DVD, etc.)
- • Uploaded video using footage from saved TV program.
- • Uploaded video using footage from a video game play.
- • Uploaded video that was uploaded on other websites and or blogs.
- • Uploaded video using footage from a video camera that recorded a movie still in theaters.
- • Recorded singing at Karaoke, then created a original video and uploaded the video.
- • Went to different school festivals and recorded live bands and school designs, then uploaded the video.
- • Created a original video using music purchased from a store, and then uploaded the video.
- • Using footage with people's faces (with proper permission) and uploaded the video.
- • Uploaded a video containing personal information.
- • Uploaded a video that exposed a person's lifestyle that lead to privacy right violations.
- • Uploaded a video that harmed reputation or character.
- • Uploaded a video containing footage that was recorded at a concert.