I want to make a yt video where I talk about something while identifying something in the backround. Is this allowed? Would I need copyright permission from the observers since I’m identifying based on their photos which I show on the video as I’m identifying observations.
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If you’re really worried about it there’s a filter in the ID modal where you can filter by only CC images, as the user’s name is on the page that would count as attribution.
I personally think that even displaying full copyright images on a video would be count as fair use since you are providing commentary on them (in the legal sense) by providing identifications but I’m not a lawyer.
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Also not a lawyer but I also think it would probably fall under fair use.
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Not lawyer also,yet a observation is all that is showing in a photo.
Including the background. seems, legal to comment on.
Since it’s in the photo.
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If you are only using a few observations perhaps you could send a message asking if the owner would mind you using them, explaining what you are doing. Most people are happy to let you use their images if it is not for profit regardless of copyright. It would also have the benefit of attracting views to your YT channel as most people would probably go and have a look.
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I think it depends on how much of the original image is shown. I know some photographers will send DMCAs on videos if their images are used. I personally wouldn’t want my images shown in a video.
So in this case, it would probably be nice for this user to be able to sort by copyright status (photo and or observation data) in the identify tab. That would allow OP to avoid identifying things with All Rights Reserved.
I also like Alex Wild’s posts related to his policies when he deals with this. See: https://www.alexanderwild.com/Image-Use and https://www.diyphotography.net/faq-so-your-company-has-been-found-using-alexs-photographs-without-permission-what-next/
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This is your best bet. Just play it safe. I agree your usage sounds like it falls under fair use (also not an attorney), but the photo rights holder might not agree. Save yourself the headache. There are plenty of CC-licensed images on iNat.
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Yep i did a youtube video with a similar concept and just used only “cc0” photos just to be on the safe side. But im pretty positive you can use cc-by and cc-by-nc as well.
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Make sure you check with YouTube as well. Their algorithms are quick to flag things that might be copyright violations and it can be difficult to challenge a false strike. Also, check out YouTube videos that discuss ‘content creators’ who merely chat while running people’s content on the main screen.
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