Sunday, May 7, 2017

Derivative works and YouTube

As new media has provided us a platform to share our ideas, knowledge and thoughts, there are different type of social networking sites for us to share something. YouTube as one of the examples. YouTube is a website for users to share the videos or watch the videos from others, which allow people share their creative contents throughout the world.

Amogood 谷阿莫

Among all the channels I have subscribed, I would like to talk about a channel called 主频道【谷阿莫】 which is operated by Amogood. This YouTuber has one million subscribers in his main channel and 65 thousands of subscribers in his second channel. Most of the subscriber are from Taiwan and China, as the delivery language is Mandarin. The community in his YouTube channel are mostly movie goers who like to know more movies which have not been discovered.

Most of the videos from this channel are mainly about a short description of a movie in a few minutes. His way of telling a story about the movie is fast, catchy and humorous by editing the a few scenes from the original movie and making into a compact short video. In the video, sometimes he will share some reviews or his own thoughts regarding the particular movie. This kind of video has impressed a lot of audience. From his video, audience get satisfaction for entertainment and also learn some values he shared. Also, this kind of video allow people to access more movies in different genres. The way he introduce the movie might trigger the inclination from audience to watch the full version of original movie. When this YouTuber get attention from large audience, many other YouTubers follow his way to tell a movie in a few minutes. This has promoted a growth in creative content in YouTube as many laymen start making videos and upload to YouTube.

However, the way that he took the scenes from the original movie and edited into a new video has been criticised. Some argue that he violated the copyright law as he used the actual scenes that been taken down from the original movies. So, here is a question arise: Does this kind of video violate the copyright law on the internet? For this, he purposely made a video to talk about this. From that video, he told that some companies are pressing charges against him. Therefore, he explained that all of his work is derivative work whereby he only used 10% of the original movie which are downloaded from internet for free. Also, he believed that his work is qualified to be under fair use defence as he expressed his viewpoint to the world, review and explanation about movie from his works without getting any fees from the audience. Amogood also claimed that YouTube has finally acknowledged his works as derivative work which is non-infringing by cancelling the ban recently.
Video by Amogood explaining the right of derivative work.

What is derivative work?

In these years, the derivative work has been addressed by related party. According to US Copyright Office (2013), derivative work is a work derived from or based on one or more existed works. It includes translations, abridgments, musical arrangements, art reproductions, motion picture versions of literary material or plays, and condensations of preexisting works. Another common type of derivative work is a “new version” of a preexisting work where the editorial revisions, elaborations, annotations, or other modifications represent, overall, an original work.

In order to be copyrightable, a derivative work must include some of a preexisting “work” and add in new element of original copyrightable authorship to that work. This kind of right is often regarded as the adaptation right.
FAQ from YouTube about derivative work.

In summary, society nowadays do not understand fully about derivative work. The attention to derivative work on online creative communities has been focused in these few years. YouTube, as an online video sharing website, should play an important role in regulating the use of derivative work instead of blindly banning the videos. Hopefully in the near future, there will be more derivative works showing on YouTube.

For more readings about copyright act on the internet, you can go to the links below:

17 comments:

  1. Thanks for sharing. Honestly, I had subscribed the Amogood Youtube channel too since few years ago. His way of summarizing the dramas or movies is creative and interesting. Of course, I cannot deny that the owner sometimes is spoiling the moods of some people to watch those dramas after watching his videos. But, I agreed that his work can be considered as a derivative work as the only background music is his voice and the videos are basically fast-forwarding the story line to conclude the drama/movie in a very short duration of time.

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    1. Yes, what you are saying is true about spoiling mood. Therefore, it sometimes should mention "Spoiler Alert" when sharing on YouTube.

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  2. Thanks for your sharing, Mun Wah!

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  3. It is good to let people know the importance of Derivative Work. Social media can be accessed by anyone, but not everyone knows the seriousness of derivative work. So, it is good to tell every social media about this so that we will not make a mistake or sued by someone. It is a basic and good knowledge to share, especially for social media users and subscribers of any social media.

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    1. Ya, I hope more internet users will be aware of the importance of derivative work.

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  4. This is interesting. I have watched few of his videos and it is very funny and some of his comments are very sarcastic though. There are a lot of YouTubers emerge recently and they have covered a lot of genre.
    However, the idea of derivative work never comes to my mind when I watched those videos because I think it is their work and they are the creator of the work. Just like any other art piece, I think it is original.
    But due to the advance of media particularly social media, the idea might not be original anymore because it is being circulated world widely maybe just in different language and sometimes we do not even know from where the original idea is. Copyright issue is a serious matter and it should be taken seriously to avoid copying other's masterpiece and make it ours without any acknowledgement.

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    1. In order to address this issue, the definition of derivative work should be well-defined by related party and should not be ambiguous.

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  5. Thanks for the sharing. Although I don't really watched Amogood videos, but instead I watches the music covers posted on social media such as youtube and facebook. And yet I never thought about the issue of copyright and derivative work. From the video above, I had learn a lot about the issue of both copyright and derivative work. I think that we should respect both the author of original work and derivative work, as both show their creativity and efforts to produce the work. Without them, we might not have that much entertainment.

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    1. Yes, in this online creative communities, everyone deserves to be respect with their own work, unless they copy or plagiarise other's work without putting effort to add in their own original idea.

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  6. I like to watch Amogood video too because just in a few minutes, he can tell the whole story of movie to the audiences. Apart from Amogood, I want to introduce one of the Malaysia YouTubers to you all which is Bingyen郑斌彦. He born in Petaling jaya. Since he adapted the Chinese song “Hello you” then he became a popular. He has adapted many Chinese songs and all the lyrics in the song he related to Malaysia current issue. Therefore, he become famous overnight. However, he way that he adapt the song from the original song has been criticized. After that, he had apologize through newspaper (China Press). You can go to this link to watch Bingyen video
    https://www.youtube.com/channel/UCX6wE5jAFjcB7aEZgDmzx-w

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    1. Thanks for sharing!
      I think he should understand more about copyright law where he can make his stance clear before he apologised to public. Maybe he is not at fault.

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  7. I have watched Amogood video less than 5 times. In my opinion, he created the video in a funny way. However, I don't really like his videos the way he speaks is quite rude sometimes although his videos are the alternative ways to know movies.
    The issues of copyright and derivative work must be concerned. Many people would like to share what they want to share. But, they must learn more about the copyright act in order to prevent getting sued. Internet is a platform for people to express their opinion, but they should learn more about the laws.

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    1. Yes, therefore there is a need to let the internet users to understand the copyright law.

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  8. Thanks for sharing. I rarely watch Amogood video and personally I think he is a movie spoiler. About the copyright issues, we must be extra careful when we wanted to share something online to prevent us being sued by the work creator.

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    1. Yes, it is important to be careful while sharing online.

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  9. Honestly, this was first time I heard about the Amogood Youtube channel. I dont know what Amogood channel is about. After this I will go to Youtube to watch the Amogood channel. Thanks for sharing Mun Wah, I learned something new today.

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