Radioplus copied my youtube video! Illegal!

One of my friends just told me that my video, featuring our prime minister, was uploaded on youtube and displayed on the web site of radioplus…

I immediately checked it, and it was true!!!

Someone from Radioplus took the exact copy of my original video, shot with my mobile and with my voice, and dared to upload that onto their account, more exactly on the account of venenmru.

The original video is here and their copied version here

Well, that guy must be simply foolish or an idiot because he has clearly violated the copyright notices on youtube!

Additionally on the site, it clearly states that

Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label’s permission, your video may be infringing the copyrights of others, and may be subject to removal.

I emphasize on this point, because this video clip includes my voice and that of my family members!

If the copyright owner disagrees with your interpretation of fair use, the copyright owner may chose to resolve the dispute in court. If the court agrees with the copyright owner, then you are infringing the copyrights of the owner and you may be liable for monetary damages.

It doesn’t matter that you are not selling the video for money—it is still copyrighted.

It doesn’t matter whether or not the video contains a copyright notice—it is still copyrighted.

I kindly ask the person in question to delete that video, and i have already notified youtube about this infringement of one of their copyright notices…

I wouldnt have mind if that person asked me the permission to upload this video, and link to the original video, but he has just COPIED it!

Damn You!!!

  • JLLB

    Alright Yashvin!! Don’t let go! Bring the rain!! :D

  • kaviraj

    LOL =))

  • sphinXx

    loll….dnt leave him!!!drag him lor radio plus si bzn ..lol

  • http://www.yashvin.net Yashvin

    @sphinXx: haha! kouma appelle sa program la? Xplik ou cas?
    I think mo bisin call zotte ene koup :P

  • sjdvda

    LOL

    Here’s the Guy

    http://www.radioplus.mu/images/uploads/Venen2.JPG

    Guilty as charged!!

    L’ironie:
    09:00-10:00 EXPLIK OU CAS avec Abdullah, Gilbert, VENEN & Marie Josée
    (From the website of Radio Plus)

  • Vikash

    voleur p kokin voleur! komik!! original owner of copyright la c mbc sa!! :P

  • http://www.yashvin.net Yashvin

    @Vikash: According to law, youtube tolerates something called “fair use”, which allows ppl to upload something not copyrighted to them to be able to make criticism or comments…

    While videos that are direct copies of someone else’s content are clear copyright violations, there are certain very limited circumstances in which the use of very short clips of a copyrighted video or song may be legal even without permission. This is known as the “fair use” principle of copyright law.

    Till now, no one claimed that I have copied their content to make criticism. But this guy clearly copied mine, together with my voice, without my permission…

    In the following days, I will try to investigate if our mauritian law includes fair use and what the law says about his here…

    Do read about this particular case:

    On appeal, the 9th Circuit Court of Appeals found in favor of the defendant. In reaching its decision, the court utilized the above-mentioned four-factor analysis.

    1. It found the purpose of creating the thumbnail images as previews to be sufficiently transformative, noting that they were not meant to be viewed at high resolution like the original artwork was.

    2. The fact that the photographs had already been published diminished the significance of their nature as creative works.

    3. Although normally making a “full” replication of a copyrighted work may appear to violate copyright, here it was found to be reasonable and necessary in light of the intended use.

    4. The court found that the market for the original photographs would not be substantially diminished by the creation of the thumbnails. To the contrary, the thumbnail searches could increase exposure of the originals.

    Well, its somewat the same thing…between me and true original one on tv, whereas for the copied version of mine, I do not accept that he put that without my permission, and by this post, I am warning him about what he did wrong…

    Cheersssss!

  • Vikash

    ok ok…

    i’ll forward that to some MBC’s executives… we’ll see what they say…

    as so far i don’t think you are so popular that people from the MBC has checked your blog…(Reply to: “Till now, no one claimed that I have copied their content to make criticism.”) and i’m pretty sure that the guy from radio + came over your video through youtube itself and not your blog…

  • http://www.yashvin.net Yashvin

    @Vikash: lol, haha wai peut etre through youtube meme…

    hey btw, mone download the pdf version of the different laws in MRU regarding ICT…
    Nice reading!!! And Informative…

    Anyway, hope I get more popular so that we can get better programs on our national television, if they care to read the criticisms…and lol, without forgetting, Nomad people are tuned into my blog, and they do realise all that is written here is true (had a talk with one of them a few days ago :P )

    keep visiting dude, I appreciate your comments :-)

  • Neel

    Though Youtube stated a copyright order there is no such law in Mauritius which protects your creations (photos, videos, pictures, etc). So beware guys when uploading whatever things in whatsoever ways on the net. I gone through this and it really sucks.

    Solution: Put watermarks on your pictures or flash watermarks on your videos. Simply because copyright doesn’t fucking exist in Mauritius. Lol!

    Yashvin, let the guy. Mail Defiplus instead and relate the matter to the webmaster and of course provide sufficient proofs. Maybe they won’t cancel the visualisation but they can at least annotate your name as you being the owner of the video which is the case infact.

    Hope this helps.
    ;)

  • http://www.yashvin.net Yashvin

    @Neel: I will get back to you today on msn, for more info about your adventure into this.
    Thnks for ur advice ;)

  • http://zvicks.wordpress.com/ vicks

    casse so F**** :)

  • http://dakshinee.wordpress.com Daks

    wahaha…Vicks p vine violent :P
    na really, kasse so f****…coz it’s a quest of rights!!
    and as far as you are right, go forward :D

  • Amit

    Yash, si to pensé éna injustice, ale get ène homme de loi pu fer servi li ène papié, amene zaffaire la ziska privy council tou si bizin, Lol… Pa kit li ène poil!

  • http://preeteshprayag.blogspot.com Preetesh

    lol…bizin avoy dan xplik ou cas em sa :)

  • http://islandcrisis.blogspot.com Avish

    Animateur: “Bienvenu sur explik ou ka cher oditer de radio plis – Nou prend nou premie apel zordi c missie Yasvin de…hmmm….ONLINE :-). Alor missie explik ou ka?”

    Yashvin: “Bonjour lil morice be coment ou cone ena un 2 votre tre cher animateur ou technicien tre ethic in decide pu met un video ki mo in filme lor you tude SANS mo permission! – Eski sa montre un sign ki zot ban animateur ou technicien c ban ridicul ki pa mem cone la loi a propo copyright?”

    BEEP BEEP BEEP

    Animateur: “Sorry nou in gagne un ti problem ar la lign la…. Nou prend un lot apel….”

    :-) Sa em zot pu fer kan to coz la verite lol

    Avishs last blog post..Some Changes On Island Crisis

  • http://www.yashvin.net Yashvin

    @Avish: LOL !

    Animateur : “Surement so batterie ine plate :P

    Yashvin : “$%$#@#”

  • http://islandcrisis.blogspot.com Avish

    Am looking on defimedia.info…. did they used that video there???? if they used that there then u shld be ready to ask a huge amount for copyright infringement :-)

    Avishs last blog post..Parliament Matrimonial Service!!!

  • http://www.yashvin.net Yashvin

    @Avish: mo pas koner si li lo defimedia, mais en tout cas li lo site http://www.radioplus.mu...

    toute fason meme groupe sa…

  • http://htmlblog.net Asvin Balloo

    Radio Plus is sometimes crap and very unprofessional, not suprising by their standards for what they’ve done.

  • yumn

    We are living in a liberalisation mode and everyone is making their place on the internet… Tell me something: How would you react to the use of p2p technologies to download songs and films?

    1 thing for sure, Radio Plus has infringe your copyright. And i undertstand very well your issue. But the other side of the coin is that you cant prevent someone else from downloading your video.

    You, as a professional IT person, should know better to protect your rights on the web.

  • http://www.yashvin.net Yashvin

    @yumn: Hi !

    Well, as its one of my videos, am trying to do the best to get the credits back, and also am trying to show that ppl do not really care what they put on the net, even if its an official web site… In ‘a real case situation’, Radio Plus itself will have to bear the consequences of this act of its web master or the person who has put that video on their site…

    I cant prevent someone from downloading, but in this particular case, its unfortunate for ‘venenmru’ that his copied version has been found on the web by the right people… I admit piracy is a real problem, and all of us(practically?) either have pirated mp3 or software on their pc…

    Sure next time, i will watermark my videos….

  • http://htmlblog.net Asvin Balloo

    yumn, I agree with you but there’s something called “Professional ethics ” too.

  • http://www.yashvin.net Yashvin

    LATEST NEWS :

    I just visited the radioplus website and the video section is nowhere to be seen…
    Till some hrs earlier, it was found just above the section “Latest 6 News Bulletins Podcasts” found in the right sidebar…

    Victoire? Not yet, one more to go since i will have to wait for the video to be removed from the guy’s venenmru youtube account…

  • http://www.yashvin.net Yashvin
    LOL !

    email from Venen :

    hello

    really sorry… the video has ben removed from our web site…

    But in future if u want we can promote ur video on our website … with of course your signature… did not want to cause u any harm…

    please feel free to contact me

    regards

    venen

  • Amit

    Lol… finalement ce fut une tempete dans un verre d’eau!

  • http://shah.developer4ever.com/ Shah

    Ha ha. That venen dude doesn’t write properly and deserves a linguistic beating!
    Why do Defimedia and Rplus host videos on youtube in the first place? Does it look appealing? NO! They complain that they cannot host the videos because their servers are slow. No respectable newspaper should host vids on youtube. You don’t see BBC hosting vids on youtube, do you? It’s just not right, and totally causes erroneous statistical traffic data to be recorded.
    Anyway, CC (By Attribution) license your videos. It helps you even if say youtube has some rules to that prevent others from copying vids.

  • http://muzzammilj.blogspot.com Muzzammil

    The BBC does post videos on youtube.

    http://www.youtube.com/user/BBCWorldwide
    http://www.youtube.com/user/BBC

    its in the broadcaster category.

  • uyuy

    [re=23494]sjdvda[/re]: salut zot p fer bon pub pou radioplus …lol

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  • Zak

    [re=23490]JLLB[/re]: Sorry to tell u boy. You have no legal rights.

  • Zak

    [re=23497]Yashvin[/re]: You have no such rights… the rights that you got so far are your fundamental human rights and thats all. Did you sign something stating that you forbid any use or reproduction or mere use of the video clip? You uploaded the video at your own risk. there is no such law as to the situation on you tube. embedding and all is a sign that you tube impliedly allows the public or registered useres to display or re broadcast the videos like they want to. In theory, if the owner enables the EMBED code for others to use, it means that they want others to embed the video. For example, thesitewizard.com’s feedback form video tutorial and CSS menu video tutorial have the EMBED code displayed on their corresponding YouTube video pages, and as such, they may be freely embedded in any site.

    In practice, however, not all owners seem to know what they’re doing. I recently read a report about the copyright owners of a video trying to sue sites that had embedded their YouTube video. I find this ridiculous, since if they really did not want others to embed the video, they should have disabled the EMBED code. It seems to me that if you enable the EMBED code, it means you are implicitly inviting others to put the video on their site.

    Morevover you have cited only one case here. You don’t know if there is another ruling in the House of Lords which might overrule this one.

  • LORNA

    yooooooo!!!!!!!!!!sa news la bizin met lor MBC!!
    guest y??????????

  • raviken

    They are not and have never been original.Just listen to the tunes they play ,always the same song,there are tunes that they play as medecine tousser, thrice a day:Lady Melody, I am of opinion that it will be proclaimed song of the year, as they tried to do it with namaste babuji last year.They should try to be professional,to be first in the survey is easy ,,but not in music ,Venen shold try to learn from elders to play tunes ,he’s not a god disc-jockey ,but should learn,learn and keep learning,otherwise it will be called Radio Gamat

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