Demaestro - 10:03 pm on Apr 28, 2010 (gmt 0)
Is it possible to claim for infringement when someone posts your viral message?
Yes, you don't have to apply for a copyright, it is granted by default.
If you are the creator of content then you hold the sole copyright to that content by default.
the creators of the content that went viral... usually from their phone or vidcam... had no commercial intent OR realization that they might have made a buck
Many popular users on Youtube are revenue sharing partners. I have had a video with only 45,000 views be offered ad revenue sharing, I get about $20 a month, so many of these users do have monetary gain in mind when they upload these videos to Youtube.
Many of the users complaining of this are full Youtube ad sharing partners, and all viral videos are offered this deal. More and more people are aware of this and are out there trying to make viral videos for cash.
Another thing they are doing on Viacom's video site is as follows...... A video comes out and goes viral in 1 day, so they try to get that video up on Viacom's Spike site ASAP but don't always have it ready so they use Youtube's embed code, which is fine except for 3 things.
1) You aren't allowed to embed Youtube videos on pages for the sole purpose of advertising around it... which is exactly what they do.
2) You aren't allowed to alter the embed code to make the video behave differently, which is what they are also doing. Embedded Youtube videos have specific functionality, like double clicking takes you to the Youtube page with the original video loaded. Spike's site disables this, double clicking restarts the video. Also annotations can be embedded into Youtube videos, linking other videos from the user or whatever, Spike's site blocks the clicking of annotations in Youtube videos, so that no action takes you to Youtube where it should.
3) you are suppose to provide a prominent link back to Youtube, which thy don't do and as I described above they block all embedded links and actions that should take you to Youtube.